HomeMy WebLinkAboutSULLY-MILLER CONTRACTING COMPANY - 1976-01-19 !I 1
L E A S E
THIS LEASE, bel".ween THE 01TY OF HUNTINGTON BEACH, an
incorporated city in the State of California, having its
offices at 2000 Main Stree:, Huntington 3each, California
92648, ("Lessor" ) and SULLY- !ILLER CONTRACTING COMPANY,
a California corporation, having its principal office at
3000 Eac South Street, Long Beach, California 90805 ("Lessee"),
dated the 19thday of January , 19i i•
(1) LEASE OF PRorERTI:
Lessor hereby leases to Lessee that land situated
in the County of Orange, or, of California, described in
Exhibit "A" (the "Leased Premises"" .
(2) TERM:
The term of this Lease Fball commence
f' January 19, 11976 and terminate __ Janua�r l9, 1972
subject to the right of Lessee to terminate the Lease at an
i,
earlier date as provided in Paragraph 7 hereof;
(3) USE OF LEASED PREMISES:
Lessor hereby grants to Lessee the ^xclusive right
during the tern of this Lease to extract and remove rock, '
sind, gravel and other fill. material ("Materials") from the
Leased Premises, and to conduct business aperatiow3 on the
Leased Premises in connection therewith. The quantities of
wSA:Pr 1. #
Materials extracted and removed and .12 methods of removal,
extraction and processing of Mat:.•rials shall be determined by
Lessee in its sole discretion. In connectio.i with such removal,
extraction and processing of Materials, Lessee may install,
maintain or use on the Leased T'remises such facilities,
structur ;s, tools and ecquiPmert as may in its opinion be
necessary of convenient for the processint° and sale of its
Materials excavated from the Leased Premises c,r other land,
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including but not limited to the following:
(a) Crushing and Screening Pl.anL.
(b) Asphalt Plant.
(4) USE OF PREMISES:
Lessor hereby reta_',is the exclusive aight to place
such fill as it deems appropriate in the northern part of the
Leased Premises as delineated on Exhibit "I3" . In exercising
this right, Lessor agrees not to into Pere with Lessee's opera-
tions. In case of a conflict in operations, the right, of
Lessee shall be superior to those of Lessor.
(5) INIIEtriNIFICATION:
The City Council of the City of Huntington Beach
has adopted Resolution No. 401.3, a copy of wi.ich is attached
hereto as Exh b3'- "C" of thit, agreement and is incorporated
by reference herein as though fully set forth in this Article 5.
By execration of this Lease, Lessee agree.; to protect, defend., i
indr!mnify and sate harmless Lessor against loss, damage or Sul
expense by reason of any suits, claims, demand,, judgments
and causes of action caused by 71-ssee, its employees, agents
2
lab
or any subcontractor of Lessee, arising out of or in con-
sequence of the performance of all or any operations covered
by the Certifi;ate of Insurance attached hereto as Exhibit "D"
of this Pgreement, and such insurance shall be primary to any
insurance of Lessor.
(6) RENT AND ROYALTY:
As combinEd rent and royalty for the use of the
Leased Premises and the removal of Materials therefrom, Lessee
shall pay to Lessor the sum of TEN THOUSAND DOLLARS ($10,000)
as prepaid rent and royalty plus the sum of ONE, THOUSAND DOLLARS
($1,000) per month. The prepaid vent and royalty plus the
first monthly payment shall be due and payable within Fifteen
(1;) days after the date of this Lease. Additional monthly payments "
shall be mane to Lessee on the same day of successive months for as
long as this Lease remains in effect.
All such payments shall be paid to Lessor at 2000
Main Street, P. 0. Box 190, Huntington Bcach, California 92648,
or to such other person or entity or at such other location as
Lessor may from time to time designate to Lessee in writing.
(7) `.GERMINATION BY LESSEE:
Lessee .lay terminate this Lease upon thirty (30) days
notice in writing to Lessor and thereupon this Lease shall
terminate and Lessee shall have no further obligation to pay
rents and .royalties.
(6) TERMINATION BY LESSOR
In the event Lessee shall fail to make any payment
when due, or shall default in the performance of this ;Lease,
Lessor may, vt its option, terminate this Lease by giving
Lessee written notice thereof. Lessee within 'thirty (30)
days after receipt of such noti^e must cure the default. If
the default is cured, this Lease s':all continue in force and
effect; otherwise, at the expiration of the thirty (30) clay
period, it shall terminate without further notice, and all
rights of Lessee hereunder shah cease and Lessor may re-enter
the Leased Premises. Such termination shall not release Lessee
from the payment of any sums that then may be due or discharge
its rights as provided for in P-raj;raph 9.
(9) TAXES:
Lessee shall pay all property taxes and assessment,
levied against Lessee's interest in the Leased Premises and
against Lessee's structures, facilities, machinery, tools
and other equipment on the Leased Premises to the extent such
are apportionable to the pericd of this Lease and to the sixty
day period referred to in Section 10 of this Lease. Lessee
shall pay all taxes and assessments on Materials which are ex-
tracted and removed from the Leased ?remises by Lessee. Lessee
shall pay all possessory :interest tax levied against its use and
o-cupation of the Leased Premises.
(10) REMOVAL:
Lessee shall at its expense within sixty (60) r1Gys
after the termination of this Lease remove from the Leased
Premises the exi W ng asphalt plant to the ground level and
may at its oven expense remove all structures, facilities,
machinery, tools, equipment and other improvements previously
or hereafter placed thereon by Lessee. Any items remaining
on the pr.mises following the sixty (60) day period provided
by this Paragraph 9 shall become the property o,4 the Lessor.
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(11) NOTICES:
Notices hereunder, if not personally delivered, shall
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t� be sent by registered mail, with postage prepaid, and addressed
to City of Huntington Beach, Attention: City Administra�or,
P. 0. Box 190. Huntington Beach, California 92648, or Sully—
Miller Contracting, Company, Attention: Mr. .R. R. Munro, at
3000 East South Street, Long Beach, California, or to such other
address as either of the pa.L tiles may he-eafter designate in
writing.
(12) CONDEMNATION:
li the Leased Premises, or any part thereof, are
taken by exercise of the power of eminent domain by other than
the City of Huntingt:cn Beach, then in any suh case any com—
pensation or damages which shall be awarded by reason of the
taking of or injury to Lessee's property located on said
land, including rock, sand and gravel, shall be paid to Lessee,
all compensation awarded for the taking of the Leased Premises
shall bu paid and all other compensation and damages shall be
paid to and belong to Lessor.
(13) RECONVEYANCE:
Upon the expiration of . he terr-, of this Lease or any
sooner termination, Lessee agrees to quitclaim to Lessor all
of Lessee's rights, title and interest in the Leased Premises,
except any assets actually removed by Lessee pursuant to
Paragraph 9 hereof.
(14) SUCCESSORS
The covenants and conditions hereof shall inure to
the benefit of a:ad be binding on s*aocessors and assigns of the
parties hereto.
(1.5) INSURANCE:
A certificate of insurance evidencing Lessee's compliance
with Exhibit "C" is attached hereto as Exhibit "D" of this
Agreement.
(16) In order to assure the preservation of the open
space use or u—s of the Leased Premises, Lessee agrees that
no additional structures will be constructed or additional
improvements will be made by Lessee upon the Leased Premises
without the prior written consent of Lessor.
(17) Lessee acknowleages receipt of a copy o� (a) an
agreement between the City of Huntington Beach e the United
States Government, Department of housing and Urb. , Df*velopment,
and (b) an agreement between the City of Huntington Beach and
the State of California, Department of Parks and Recreation,
which agreements delineate and describe the contractual arrange-
ments between the said governmental agencies in regard to the
acquisition of the demised premises by the City of Huntington
Beach. Copies of such agreements are attached hereto as Exhibits
"E" and "'F" respectively. Lessee covenants that insofar as the.
terms and conditions of such agreements in their present form are
relevant and applicable to this lease and to its use of the demised
premises by Lessee, Lessee is bound thereby.
(18) Lessee covenants that it shall not discriminate upon
the basis of race, creed, color or national origin in the use
or occupantsy of the demised pre-raises. The Government of the
United States is an express beneficiary of the covenant conta�ned
in this paragraph and shall be entitled to enforce such covenant
in any court of competent jurisdiction.
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STATE OF CAUFORRIA
COUNTY OF LOS ANGELES ss,
' CN December 30, 19�,
before me, the undersigned, a Notary Public in and for said State, personally appeared
R. K, bt3cGREGOR and.
W•..QUANEf�._. _ _ _ lsnpwn to me to be the
PRESIDENT AND SECRETARY
of the SULLY—MILLER COIUkI L-FiNG COtrtPANY
the Corporation that executed the within instrument, knovi to me to be the person who
executed the within Instrument,on behalf of the Corporation,therein named,and acAnowledged
to me that such Corporation executed the same.
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OFFICIAL SEA!-
® DQiiNA M. TEPPER
NOTAF?Y FUnLtC-C9L} ':.tr
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WITNESS m y hand and official seat.
tr Zr,} PRtNr AL OFFICE 04 �"J
a �M1r.s1 LCSS AN';-
my a�Con,mission Expires March 5, 1977 4
6®Od,66d A4A4akaw P+b664•N4►n^a°+ng.a
__ t(otary Nnhlic in and for said State
ACKNOWLEDGMENT--Corooratma � �
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IN WITNESS 4,HEREOV the parties hereto have executed: this
lease agreement the day and year first above written.
CITY OF HUNTINGTON BEA;:H,
a mMyTe al corpora on
ATTEST: �By
Mayor
City Clerk
APPROVED AS TO _JNTENT: APPROVED AS TO FORD:
City Administrator City Atto
SULLY-MILLER CONTRACTING COMPANY
By fi/J
W. Duane Rasli- Isecretary
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All of that certain '_and situated in the State of California,
County of Orange, described as .follows
The East half of the SoutlYwest quarter of the Northwest
quarter of Section 35, Township 5 South, Range 11 Kest in
the Rancho Las Bolsas, in the city of Huntington Beach,
County of Orange, State of California, as shown on a map
recorded in book 51 page 13 of Miscellanecus Maps, Records
of Orange Cot:nty..
Exhibit "All
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Lessor retains the right to fill within the following described area:
The Northerly 500 feet of the East 1/2 of the Southwest 1/4 of the
Northwest 1/14 of Section 35, Township 5 South, Range 11 West, SBB&M.,
in the Rancho Las Bolas.
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EXHIBIT "B"
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1.
INFASOLUTION NU. 4013
A RESOLUTION OEM' THE OTTY COUNCIL OF THE CI`i'Y
OF HUNTIN 33TON 13EACII ESTABLISHING A MINIMUM
LIABILITY INSURANCE LIMIT
WHEREAS, there are persons engaged in various activities
In the city which subject the city to po.uible liability for
damage to property and Injury to persons; and
For the protection of the public h(--alth, safety and wel-
fare, the city requires such persons to maintain insurance,
naming the city additional insured; u.ld
The city desires to establish uniform minimum liability
limits for all such persons e.,!gaged in :;aid various activities
who are required by ordinance, resolution or otherwise to
provide such liability insurance,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that the minimum liability limits
shall be as follows: ,
1. Combined Single Limit Bodily Injury and/or Property
Damage including Products Liability : $1,000,000 combined
single limit per occurrence,
2. Additional Insured Endorsement : The insured agrees
that the City of Huntington Beach City Council, and/or all City
Council appointed groups, committees, commissions, boards and
any other City Council appointed body , and/or elective and
appointive officers, servants or employees of the City of
Huntington Beach, wh-n acting as such arc additional assureds
hereunder.
3. Any person engaging in any activity determined by
ordinance, resolution or the City Adm:i.nl,st.rator to subject the
city to a possioility of liability shall provide the city with
a certificate of insurance containing the additional insured
endorsement and the hold harmless agreement.
t.
ti Exhibit "Cn
4, 2;ol.a Harmless A(Lreement : The insured agree~ to pro-
tect, 3e..'-nd, indemnify and save harmleso the City of Auntington
Beach against loss, duma,le or expense by reason of any suits,
claims, demands, judgments and causes, of action caused by
insured, his employees , agents or any ,iuboontractor, arising
out of or in consequence of the performance of all or any
operations covered by the certificate of insurance, and such
insurance shall be primary to any insurar:cc, of the city,
SECTION 1. Resolution No. 3887 adopted June 3, 1974, is
hereby repealed.
PASSED AND ADOPTED by the City Guancll of the City of
Huntington Beach at a regular meeting; thrreof held on the 20th
day of January, 1975•
ATTEST:
ayor
City Clerk
APPRCVED AS TO CONTIsNT: APPROVED A3 TO FORM:
City Administrator - C y 1`•t r . -
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G';
INCOR OI;1 TED CERTIFICATE OV INS'll'AUCG
TO: CITY OF HUNTINGTON BEACH
2000 MAIN STREET �
HUNTINGTON BEACH, CALIFCRNIA 92648
1711IS IS TO M'RTIFY that the iolloaJ.rg insurance: policy has been issued Co
TYNION 01L CJ_ ,',NY OF CALT_FMINIA and its subsicii ary '
SULLY-'TILLER CONTRACTING CO-PANY
and that said contract of iristtr-ance, subject to the 2'esp ctive term's and co-.1ditioT't5,
affords Dcni!y injury, Proictrty D.-,-nago 1"inbili.L•y and M-nnicet C)n1tractual Liv 'ility
for all of eraL ons, including Auto-mobiles, owned, hired or used.
CE tTTML 1%L TIO;tsL INSURLVINCE CO.;J?1;NY COABII,,ED SIiAGL:':, LI14IT BODILY'
-stcus, lltrl;�,n & Co.) YtaJUF.Y AND i:OiEi:TY u' GF
POLICY 10.. CXX-160729 FACU ACCIDE1 T OR OCCUIUR EINC)
$1,000,000.00
Term: Nover.•.her 1, 1975 MARSH & McLL11::11, INIC011rMLTED
November 1, 1976 -
By: � 3,2_. c Agent
(30) THIRTY 7
In the event of cancellation of/the above contract of insurance, the llndert!riters
t,*il] give not less than ?' )CKR} dzys advance notices by mail to the tarty pr parties
to who-m this certificate is issued at the address stated herein c>i? .ch shall be
sufficient proof of notice.
ADDITIONAL INSURED: The p rty or parties to whom this Certificate of Insurance is
issued is/MOXkM covered as Insured(s) under the terms of the contract of insurance
described above. If so covered, the in -urance with respect to such party or parties
is subject 1-o all of the terms and conditions of said contract of insurance, and to
the special conditions, if any, stated below.
SPECIAL CMDITI0'NS: 'APPLICABLE AS RESPECTS TO THE FOLLOWING LEASED PROPERTY: THE
EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TO10SHIP 5
SOUTH, RANGE 11 WEST IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, C OUNITY
OF CRANGE, STATE OF CALIFORNIA.
-SEE REVERSE SIDE-
DECEMER 31, 19715
Dated: WX} X'XX C i
LOS ATvGE US, MLIT`OMNI:1
�XA1rBIT
"THE COMPANY PGREES THAT THE CITY OF HUNTINGi0N BEACH CITY COUNCIL, AND/C€Z ALL CITY
COUNCIL APPO'.NTED GROUPS, C%lMITTEES, COMMISSIONS, BOARDS AND ANY OTHER CITY COUNCIL,
APPOINTED AGDY, AND/OR ELECTIVE AND APPOINTIVE OFFICERS, SERVANTS OR EMPLOYEES OF THE
CITY OF HUNTINGTON BEACH, WHEN ACTING AS SUCH .ARE ADDITIONAL ASSUREDS' HEREUNDEm!
"THE COMPANY ACREES TO PROTECT, DEFEND, IN-Z;rWIFY AND SAVE HARMLESS THE CITY OF HUNTINGTON
REACH AGAINST LOSS, DAMAGE OR EXPENSE BY REASON OF ANY SUITS, :CLAIMS, DEMANDS, JUDGMENTS
AND CAUSES OF ACTION -CAUSED BY IplSNRED, HIS EMPLOYEES, AGENTS OR ANY SUBCONTRACTOR,
ARISING OUT OF OR IN CONSEQUENCE OF THE PERFORMANCE OF ALL OR ANY OPERATIONS COVERED BY
THE CERTIFICATE OF INSURANCE, AND SUCH INSURANCE SHALL BE PRIMARY TO ANY INSURANCE 0)?
THE CITY."
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+1 $�1 c° 3500 WtL.Sfi1 [ LsOM e VAR12, 1 O$AII,;F I E%s.At IF OPMA y.,t ',J
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A.O. Hn• )bC91
Snn hrow I-;,1 c Nforn la .I 02 .ra IfEYLY REFER I" -
Office of the Area Director 9.�u
V
City of Huntington Beach
Attn: Mr. Floyd "Bud" Belsito
P. 0. Box 190
Huntington Beach, California, 92161,8 MAY i }it
Gentlemen: CITY OF HUNTINGTON BEACH
� Subject; Project No. OS-CA-09-16-1003 ADMINISTRgIvE OFF:CE
Contract No. O5-•CA-09-16-1003(G) .
Consolidation of Open Space Grant Contracts
We are pleased to enclose herewith one fully extcuted counterpart
of the Consolidation of Open Space Grant Contract, as identified
above.
Sincerelyl
i E.oland F. Cp=field, Jr.
Area Director
Enclosure
;..a ..
OFFICE OF
C } `i is ATTORYidEY
{7- HUNTINGTON BEACH
CALIFORNIA 92645 $f
DOM P.M4FA 15 April 1974 TELEPHONE
CITY ATTORNEY {TtA)636.62d1
honorable Mayor and City Council
City of Huntington Beach
)
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Post Office Box 190 r
,R L. Huntington Beach, California 9264$ jI i�SE
Gentlemen.
I have examined the proposed Contract for Grant to Acquire Open-
space Land therein called the "Contract") , identified as Con-
tract No. O5-CA-09-16-1003(G) to be ent,:red into between you
and the United States of America. I have also examined the two
counterparts of the Contract.
I have further examined that certain Resolution adopted by you
on April 15, 1974, wherein the execution of the Contract was
authorized.
I have made appropriate inquiry and I am satisfied that said
Resolution is still in full force and of ect, that there is no
pending or threatened litigation (either in Federal. or State
courts ) challenging your authority to enter into the Contract,
and that no legislation (either State or Local ) has been enacted
which affects your power or authority to enter into the Contract
and carry out the. Program set out therein.
I am, therefore, of the opinion that you are authorized to enter
into the Contract, that it has been executed as authorized by
said Resolution and by law, and that, when the Contract has been
executed by t' -, Government, it will constiti.ite a valid, binding,
and legal agreement beti+veen you and the Gcve,rnment,
hespeztfully submitted,
DON P . BONFA
City Attorne
DPB:ahb
UNT.TED STATES OF h.M MICA
DIIMMM OF HOUSING AND URBAN DMFELOP1,10T
SEfMSEDING CONTRACT FOR GRA14T TO ACQUIRE
IND/OR D:c.V ILOP LIM FOR OPEN-SPACE P(TRP03ES
UNDU T!Tbr, VII OF THE IIODSING ACT OF 1961,
AS AMENDED.
Projcoc No. OS-CA-09-16-1003
Contract No. OS-C-A-09-16-1003(G)
THIS AGRF Iri', consisting of this Part I and the Terms and Conditions
dated July, 1972 farming Part IT hereof (herein called the "Contrast" so
defined in 'Part 11), effective on the date hereinbelow net out, by and between
City of Iluntington Beach (herein called the "public Body") and the United
Statea of Amerl.oa (heroin called the "Government"), W.ITHESSETtia
WEEREAS, the parties hereto entered into that certain Contract for Grant
to Acquire and/or Develop Land No. Calif-OSA-375(G) dated e 18th, day of
September, :+969, as amended, and. that certain Contract for Grant to Acquire
and/or Develop Land No. Calif-OS.A-4d 8(0) dated thc, ?nl day of November, 1971,
m amended, and that certain Contract for Grant to Acquire and/or Develop
Land No. Calif. OSD-464(G) dated the 20th of JI.u1-uaz-J, 1971, as emended, and
that certain Contract for Grant to acquire and/or Dfivelop band No. os-CA-09-16
1002(G) dated the 16th of October, 1971, an xmtuidod, and that certain Cont,-act
for Grant to Acquire and/os Develop Land No. Oa-CA-09-16-1003(G) dated 'the 28th
of September., 19'11, as amended, and
WEEI,t , the Parties now desire to combine: theue five Projects under a
single Contract, a4d
WIMREAS, all acts and proceedings undertaker, by either party pursuant to
Contract for Grar:t to Acquire and/or Develop Ltuid Ncs. Calif-OSA-375(u), Calif-
OSA-I4 9"G), Calif-OSD--46*), 03-CA-09-16-1002(u), and OS-CA-•09-16-1003(G), =4
all amendments tfiereto, are not intended to be impaired or ubrogated by this
superseding contract, but are, on the oontrary, to be considered] as being within
the purview of this superaedi;ig contract,
NGd, THMEFORE, in consideration of the vaLual covj� ats, promise-Es, and
representations contained) herein, the P'artiee 1.aretc du agree as follows:
PART I t
1
SEC. 1, PlJrPOS1: 4-)(r CL()13TI3AG1'
Thi, purpose of this Cunti'act 4, Lo provide for the extension
1;7- t.hc Gover:xdu%d1-t to die Pantie 3ody c.i cr;;t..rti Vie dcral Finazcici
2t iEe.:dl7t't3 iinideJ' I Alc V l7� tll/—, heftu7�n - Ari ) 19 1, aG BfC.t riCl.C1 by
all amendatory Act!;, . ,,?: ,.cs 610NIV1,1100 ?> i.,- t.,oiforn, P-li-r:ction
Ass int: nee zindl I cal Pt e,Purty Aj7,q i—d. G ohk ivz: Act of 11'IU (ali such
Page 2
Acts being herein sometimes Called "Title V11"), with respect to the
Project described its Section 2 hereof, and to star.: the terms and
conr?srions upon which such assistance will be extended and the
utaderstandings of the parties hereto as to the manner in which they
contemplate that the Project will be carrier, out.
SEC, 2. THE PROJECT
�Tlte Public Body agrees to initiate and carry out certain
activities including the carrying out of a plan of relocation, and the
provision of relocation payments and assi_ once, for displaced
individuals. families, and business conc<:rns (herein called the
Project"), in accordance with this Contract an(1 Title V11 and as
described by the Public Body in its application filed witli, and
approved by, the Government which description is incorporated
herein and made a part hereof.
SEC. 3. THE GRANT
The Government agrees to mrikc a grant to the Public
Body to assist it in carrying out the Project in an emolint equal to the
Iesser of 6) fifty percent of the cligiblt, Project costs, not including
the relocation -costs payable under Section 4(a)(1) hereof, plus the
full amount of the relocation costs payable as specified in said
Section 4(a)(1), or (ii) $2,510,056,00.
SEC. 4. RELOCATION AND PROPERTY ACQUISITION COSTS
(a) The Public Body agrees to make relocation payments
and payments tar cligiblc cx.) nses incidental to transfer
of title and crandenuiation litigation, and to provide
relocation assistance, to or on behalf of eligible recipients
in connection with the program in accordance with and
to the full extent permitted by thc: regulations or other
requirements of the Secretary and within the budgetary
limitations of this contract.
i
(1) Not\..,ith,tandinl; any other provision of this Contract,
the Government shall fund, as part of the grant
payable under Section 3 l,creof, the full amount of
the fir;.t S25 000 of then wst to the Public Body of
providing such p.yn onl, mid a sis4ttice for each
eligiltic rc:til.)iVnt thy; 00f, 1purz,uant to such regulations
cw olho regtairt•tnents, mi account of airy displacement
oi- 171701jcrty prWr to July 1, 1932.
Page 3
(2) Costs of the: Public Bwly for providing such paymentb
and ;ansir'.ance in of said $25,000 per eligiblo
recipient on µt count of displacement or acquisition
occurring prior to July 1, 11172,. and all costs of
the Public Body for providing such payrnea is and
assistance on account i,f dis ph.cc(ment or acquisition
occurring on or after July 1. 1.972, shall be regularly
treatco and funded a:; pz,rt of the actual cost of the
Program otherwi:.o authorized hereunder.
(3) Notwithstanding any other provision, of this Contract,
the Public Body shall not, without the: express consent
of the Secretary, expend irorn funcis available under
this Contract more ih;,n ,W,0M.00 for relocation
payments or more than :; NONE for the: costs of
providing relocation assisLance to or on behalf of
eligible displacees.
(b; Assurances, The Public Body has filLel with the Secretary
the as suranc,:s with respf.:t to displ-acement of persons
and acquisition of real property rucluirc;d by the uniform
Relocation Assistance. and Real Property Acquisition
Policiws Act of 1970 and rvl.tuc? ,;ulatians of the Secretary,
which the Secretary has dclermined (subject to other
provision:4 Hereof) are ca,;!:,'actory.
SEC. 5. TIMP': OF PERFORMANCE
The Public Body agrees that it will:
(a) Com;,lete the acnu;:i!•itin,s or institute condemiation pro-
oeedingo iar acquieiv.ioi, ..it:lin Weltre a,onths following
the date of the extcxttinn o!' thia Contract unless an
eaten.,;ion of the t.izic t sac been specifically
requester and approved in writin(I by the 5eorettry.
(b) Ini.titite the clevc.loI iiiont activities oontempla•ted under
th,it; Contract within r wontho after completion of the
acquioltj un of tbo l wifl to br- developed for open space
uuc:a or within 6 Lwn41!:1 exes;utien of the Contrraot, -
wl,iehcv^,r in later.
(c) (<t,mplctr'suLh devc-lop,.an,t. autivItiea within 12 mantles
after con,iplatiun of the= ir.gaI:,itIon of the land to lie
dr,v�).;,I,rd for opf-i :tpa ot.ev or within 12 mon-,he aitur
ev.,cutjon if this Co.-Ar •d , ,=„inAwver is later,
a
Pam e 4
SEC. b. COUNT)-iRPARTS Oi, TI1E, C(,':'"YRACT
This Cuntract may be executed i7t tvlo counterparts, each of
which sliall be deemed to be an original, and such counterparts bhall
constitute one aria the same instrunivnt.
' SEC. 7. CHANCES APPLICABLE TO PART lI IIER-1 OF
"he following; changes are hereby mada in the attached Terms
and Condition6 designated Part 11 hereof: 1d0'll;,
SEC. a. SPECIAL CONDITIONS
(a) Sec: Attachment "A", attached lusreto and made a part hereof,
(b) Compliance. With the Provi.,;ions of the Clean Air Act. ,
Notwithstanding; any other pruvisions of this contract,
the Local Public Agency (or appropriate contracting;
agency) agrees to comply with il;e Clean Air Act, as
amended (42 U.S.C. 135', eat sect.), and the standards
issued thereto, in connection w,th the activities receiving
assistae.ncc hereunder .
SEC. 9. COMPENSATION TO GOVERNMENT 170-�1 ITS AUDI—S AND
I;�SPECTIONS
The twblic Bocly will covipe :sate the Government for its
inspections and audits, prov;dea for in.Sec. 103(B) of Part11 of
this Contract, a fixed fee iii the amount of S IM10i; . Tho fixed
fee shalt be payable at the time the first recuisitten for a Grant Payment
is approved by a deduction of the enti.c amount of the fixed fee from
the first Grant Payment to the Public Bouy.
IN WITNESS WHERE017, the Public Body has caused this Contract
to be duly executed in its be'oalf and ii be:al to be hereunto affixed
J
and attested; ard, thereafter, the Government ha3 c'aui ud the same to
be duly executed in its behdif this day cf
(SEAL) � CI`Py OF BEACH
By
(Signature)
ATTEST: Alvin M. Coen
q ('type Name)
WY4R
(Sign 3turc) (Title)
Alicia M. _Wentworth
(Type Wamu)
UNITJ I'1 F fATI-S 0:- AMERICA
PTY CLERK (if llow;irg and
(Title) Url,ar Development
By
Aj,.a Director
Los Area Office
I
_ JUL iz�
V
U.S. DEPARTMENT OF HOUSING AND URBtN DEVELOPMENT
OPEN SPACE LAND PROGRAM
P
i
CONTRACT FOR GRANT .
UNDER
TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED ", =t
Part II
Terms and Conditions
- - _ - - .- - - - - - e _ -
c•y>:
:i y
SEC. 101 USE OF CERTAIN TERMS <t<
Except where the context clearly indicates otherwise, then
follcniing terms, as used herein, shall have the meanings ascribed
to them in this Section:
(A) The term "Secretary' means the Secretary of Housing and
Urban Development or the person authorized to act on his behalf.
(B) The term "Contrast" means this Contract between the .
Government and the Public Body, and includes Parts I and II and .any
► additional document or documents incorporated herein by special
reference, or attached hereto, as well as any amendment.
(C) The term "Application" rtilans the written application for
the Gant by the P;•5lic Body, including any revisions thereto, to-
gether with all explanatory, supporting or supplementary documents
filed therewith.
(D) The term "land" means the interest or interests in real
property icquired or to be acquired and/or developed by the Public
Body as set out in Section 2 of Part I of this 0Dntract and shall
include a gee interest or such lesser interests as therein con-
templated.
(E) The term "Project" rcans the undertaking and carrying out
tn completion of the acquisition and/or development of land as set
,,,rth in Section 2 of Part I of this Contract.
(F) The term "Secretary's rules and regulations" includes all
written policy issuances of the Secretary, regardless of whether the,;
are published as formal regulations.
EXRIB IT E
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SEC. 102 ACCOMPLISHMENT OF PROJECT h'
(A) The Public Body will commence and carry out the Project
with all practicable dispatch, in a sound, economical , and efficient " '
manner, in accordance with the Appiicatlon, the Secretary's rules
and regulations, and the provisions of this Contract, and will
initiate and complete the Project within the time limit specified in hti,
Section 2 of Part I of this Contract. Such term may be extended �Yx:
with the written consent oe the Secretary.
(B) The Public Body will carry out the Project in compliance
with all requirements imposed by or pursuant to regulations of the
Secretary effectuating Title VI of the Civil Rights Act of 1964,
SEC. 103 PROVISIONS RELATING TO ADMINISTRATION
(A) Books and Records. The .Public Body will maintain and ��,Y
keep in one P act—a period of at least 3 years following final ; �:
disbursement of the grant full and accurate books and records with
respect to all matters covered by this Contract, including without
limiting the general coverage-of this requirement, books and records
which permit a speedy and effective audit, and will fully disclose:
(1) Adequate title evidence in the form of title policies,
Torrens certificates, or abstracts, and attorneys' opinions or
other evidence satisfactory to the Secretary relating to the
' 1 land or interest in land acquired by the Public Body under this ,
Project;
(2) The amount and disposition of both Federal and non-
Federal funds which are provided for the Project;
(3) All items of cost chargeable or which are proposed to
be charged to the total cost of the Project;
(4) All Project work and undertakings and all contracts
which are entered into by the Public Body pertaining thereto;
(5) The individuals, partnerships, corporations and asso-
ciations displaced in the carrying but of the Project, the
pertinent facts concerning their relocation and the making of x'
relocation payments therefor; and ` k
(6) ' All proceedings which are taken by the Public Body
with respect to any matters covered by this Contract,
(B) Inspections and Audits. The Public Body will, at any time
during norms us ness hours, and as often as the Secretary or the
Comptroller General of the United States may deem necessary, permit
1' 1 �'n^ S7#Yc .ty ,..n s n• � ,��yy S �� «�'4� 2 S�Ft;A= �.r.A!"��iti�.iii.k`rir ^��M`ya'.,,f"�"'d'�.t-'-' .�"�.,.E�'t-,1"✓,�t�+{� 5 v�� r�iy' `fyl:
i. ��'+r ^—, � ii +� 'fitr''w. t y5i�:L...YI'�� � t 1��t��1�:,, d,��,•s�•'�73' �
e
3
the Secretary and the Comptroller General to have full and free access .�;
to all of its books and records with respect to the matters referred };
to in subsection (A) of this Section, and will permit the Secretary .
and the Comptroller General to audit, examine, and make excerpts or tin
' transcripts from such books and rece-ds, and to raview, inspect, and
make audits of all Project work, contracts, invoices, materials,
payrolls, records of personnel , conditions of employment, books of
accounts, and other documentary data pertaining to such matters.
(C) Reports��and Information. The Public Body will , at such
times as the�ecretary may require, furnish him with periodic reports
and statements, and other documentary data and information; as hey;-,
may request, pertaining to the various matters covered by this
Contract.
SEC. 104 LAND PROVISIONS *
(A) Gene == Requirements Concarninq Land. The Public Body shall.
(1) Take all necessary steps to remove or abrogate all
legally enforceable provisions pertaining to the restriction of
the use of the land it is acquiring and/or developing, upon the
basis of race, religion, color, or national origin.
(2) Include in every agreement, lease, conveyance, or ,
other inst•rumant where;; the land is disposed of, an affirvi;tive
i covenant binding cn the coatractur, lessee, grantee, or other
party to such instrtr.•^_nt and cn the successors in interest to
such contractor, lessee, grantea, or other party that there shall
be no discrimination upon the basis of race, religion, color, or .=t}
national origin in the Gsc or occupancy of the land. The covenant
shall recite that the United States is a beneficiary of the cov-
enant and entitled to enforce i'_
(3) Not sell , lease, cr rther;rise dispose of the land
except with the prior written approval cf the Secretary.
(4) Not volunterily create, cause, or allot~ to be created
any debt, lien, i,,crtcare, charge, or encumbrance P 4nst any
of the land which in try bray will i.mpai r or otherwis,: adversely ice.
affect the preservation of said land for the use or uses set out
in Section 2 of Part I of thhis Contract.
(5) From time to time duly pay and discharge, or cause to
be paid and discharged when the same become due, all taxes,
assessments, and other governmental charges which are lawfully
imposed upon any of the land and which if unpaid may by law be-
come a lien or charge upon said land and thereby impair or other-
• :r.
jf ry�
4
wise adversely affect the holding of said land for the use or
uses set out in Section 2 of Part I of this Contract.
(6) Faithfully observe and conform to all valid require-
ments of any governmental authority relative to the land and all
covenants, terms, and conditions applicable to said land.
1
(B) Land Acquisition Requirements. In acquiring land as part
of the Pro ec , t e u 9c o y s a comply with regulations of
the Secretary issued pursuant to the uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970.
(C) 5 ecial Provisions Relating to Sale or Lease of Land, If
the Public--Bo-ay-proposes to lease or sell all or part o hand
covered by the Project, the Public Body must first obtain written
approval of the Secretary before such leasing or sale is undertaken. ti
(D) Use of Land
(1) No conversion in the 'use of the land to a use other f,y
than the open space uses set out- in Section 2 of Part I of
this Contract will be permitted without the prior written r,�}�1� t
approval of the Secretary. Before such approval will be given,
WOr
the Public Body must demonstrate to the Secretary's satisfaction
that:
F (a) The opjr'space land is being or will be replaced,
j without cost to the Federal Government, by other open-space
land of as nearly as feasible equivalent usefulness, location,
and fair market value at the time of conversion;
b The conversion and substitution are needed for
the orderly development and growth of the urban area
involved;
(c) The proposed uses of the converted and substituted
lanO are in accord with the then applicable comprehensive
plan for the urban area, meeting eviteria established by the
Secretary, '
(2) Land acquired under Section 706 of Title VII may be dis-
posed of or converted only under such terms or conditions as the
Secretary may specify.
(3) No open-space land involving historic or architectural
purposes for which assistance has been granted under Title VII
shall be converted to use for any other purpose without the prior * ~
approval of the Secretary of the Interior.
man oil 1A
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yr,;,,++.';�Y h'.rk !! -''�'����Wh^` r .Z't' .:xti.4 I�.n �{�D,��.sLyi„r�y+'x�ir�a,�'�T'''4MBF�.a�y,+�h.,•14 �4�•13.A�_J�'�Z�y, "�
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5 ,
(4) 'The Public Body shall not discriminate upon the basis
of race, religion, color, or national origin in the sale, lease,
or rental or in the use of occupancy of the land or any improve-
ments erected or to be erected thereon, or any part thereof.
(5) The Public Body shall not restrict the use of the land,
as developed, on the basis of place of residence, except that a
reasonable fee charged non-residents over and above any fee that
may be charged residents shall not be interpreted as a restriction in
of the use of such land.
(E) Transfer of Public Body's Interests in Land to Another
Public BodyBefore t e Public Body transfers its interests in the
land—d to another Public Body, it shall require its transferee to enter
into a contr.-ct wit;; the Secretary agreeing in writing to be bound by
all of the applicable terms and conditions of this Contract.
(F) Recordation and Deed Restriction. ti,
(1) The Public Body shall cause to be duly recorded in
accordance with applicable local law all instruments which are
generally recorded in the jurisdiction in order to fully protect
all of the Public Body's rights, titles and interest in and to
any land acquired or used as a part of the Project.
(2) The deed or an instrument included in the deed records »"µ
shall evidence a restriction to the effect that the sale, lease,
or other transfer of the land, or any interest therein, is subject w
to the prior approval of the Secretary of the U. S. Department of
Housing and Urban Development.
SEC. 105 PAYMENT OF GRANT
(A) Advance or Progress Payments. Under or subject to
conditions as a Government may, in writing, specify which are no%
inconsistent with applicable law, the Government may, in its dis-
.retion, make advance or progress payments to the Public Body on
account of the Grant, at such time or times prior to the completion
of the Project and the final determination cf the total cost thereof
as, in view of the status of the Proje;,4 and the matters relative �
thereto, the Government may team appropriate, but no such advance or
progress payment will be made unless and until the Public Body shall
have filed its written requost with the Secretary for such advance
or progress payment: Provided, That no such advance or progress pay-
ment shall be made if Wie71uhTic Body is in default of any of the
terms of this Contract. The Public Body shall deposit such advance f.
payment funds in a bank or banks which are members of the Federal
Deposit Insurance Corporation or in such other depository as shall 7' r
be acceptable to the Secretary.
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tr ''(�'`a`�7`a ,,�•�-"a�J.�, .r.+��ki�'µ b�-/',,.K�.r}r`n,J,'�Pt*p�'r"{}..tr �y+�'S.+�.��la..t'�`1r .
i
(B) Requisition for Grant Payment. The Public Body shall file
its requisition for payment of Grant, on a form or forms prescribed
by the Secretary. Such requisition shall be accompanied by the
Public Body's certification of purposes, demonstrating the need, at
the time, for the funds requisitioned; that the amount Sought is P: J
reasonable; and that the purposes for which it proposes to expend
the funds are within the purview of this Contract. Y ;
(C) ineligible Costs. No grant payment shall be made to (1) 37+.
defray ordinary Late or ocal governmental expenses, (2) help
finance the acquisition by the Public Body of land located outside
the urban area for which it exercises (or participates in the exer-
cise of) responsibilities consistent with the purpose of 'title VII, �.
(3) acquire and clear developed land in built-up urban areas unless
the local governing body determines that adequate open-space land
cannot be effectively provided through the use of existing undevel-
oped land, (4) provide assistance for historic and architectural Y
preservation purposes, except for districts, sites, buildings, , ..K
structures, and objects which the Secretary of the Interior deter-
mines meet the criteria used in establishing the National Register,
(5) or to pay for the cost of land acquired or development under-
taken prior to the notification of the Public Body by the Secretary
of his approval of the Application or of the acquisition or develop-
ment of such land.
SEC. 106 LABOR AND CONSTRUCTION PROVISIONS . x
1 (A) Contract and "Force Account" Work. The Public Body may
elect to carry out any necessary development activities as a part
of the Project by utilization of its own employees or it may have T
such work done under written contracts let by it. Any contracts
entered into for Project work shall contain appropriate provisions
to require compliance with all applicable Federal laws and regu-
lations pertaining to such contracts, to the work to be performed
thereunder, and tc the persons employed in the carrying out of
such contracts. '
(B) Competitive Bidding. The Pub'iic Body will give full
opportunity or free, open, and competitive bidding for each con-
tract to be let by it culling for construction, demolition,
other similar work, as a part of the Project, or for the furnish- 4
ing of any materials, supplies, or equipment for or use on, the
Project and will give such publicity to its advertisements or
calls for bids for each such contract as will provide adequate
competition; and the award of each such contract, when made, will ,
be made by it as soon as practicable to the lowest responsible
bidder: Provided, That in the selection of such materials, equip-
ment, or supplies, the Public Body may, in the interest of stand-
41
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.. ate.
t .Q � �" i '. v.t"t`My�3Yw:} -i" ""W''4`•"�'ix�'1.�.'{��� .�..�1. .r�,w�'..�..��j �,-w,t` S-'�"f,•�y�`;ea� .�o-�.
.4 0
7 "
ardization or ultimate econor<y, if the Advantage of such standard-
ization or such ultimate economy is clerrly evident and an appro-
priate provision for such action is included by it in the proposed
contract documents upon which bids are invited, award a contract to
a responsible bidder other than tiro lormst in price: Provided
further, That purchases cf such materials, equipment, oror sup�ies
i amoun of $2,500 or less, are„ :ontrccts in amounts of $2,500
or less tailing for construction, demolition, or other similar
work, as a part of the :Project, my, except were contrary to the
requirements of State or local law, be made from time to time by '
the Public Body without negotiation or competive bidding and with- `' #'
ou:: observance of the other provisions of this subsection: and
Provided further, That the Public Body may negotiate a cost-plus
a7fxed fee contract through solicitation of previously qualified
sources for restoration work for historic or architectural purposes
which is of a special nature that precludes practical application ;..i
of lump sum or unit price competition, providea that prior approval
has been obtained from the Government for an exception to the com-
petitive bidding procedure.
(C) Provisions To Be Included In Certain Contracts. Before
the Public Bo y receives bids or proposes for, or of erwise � s
negotiates for, a propose) contract which calls for the performance
of any work on the Project which will entail , for such work, the
employment by the contractor or his subcnntr ctors of laborers or
mechanics, thr Public Body shall include in the proposed contract
documt,rts appropriate rage schedules (including applicable wage �.i.
determinations of 'lie Sccret:rry of Labor, United States Department
of Labor) and other pro•;15"4-.ns Yihic;+ ara consistent with the pro- "^
visions embodied in that docu;nent a.rtitled "Federal Labor Standards
Provisions" attached hereto marked HUD-3400 and made a part hereof.
Such schedules, trace de,.ernirr;,tioos, and other provisions, as
included in such proposed contract eocunr`'its, shall also be included
in the contract docui-ors as o.,,ccu'%:d. 1;V2 Pudic Body will include
in each contract src rti__,J =n the praccdi np sentence of this sub-
section an appropriat:, pro•:ision rcgairinq the contractor to insert
j in each of his subcc,ltracts :-';rich will ent&il the employment by such
subcontractor of %I)oY,�rs or reach<:rics, as ai3-z�said, wage and other
provisions which are consistent with sirch contractor's contract with
the Public Body.
(0) State or Local Corc,.rpi:s-n race Pates for Laborers
and Mechanics. If Sta7}e G;'^'fccal s.�.rs ,-aquir2 that laborers or
mechan cs w o are employed by the i'ublic Body's contractors, or
by such contractors' subcontractors, in the development of the
Project, be paid not less than the rages which rre estabiished pur-
suant to such laws and if such wages so established are higher than
the wages which are 4etermin^_d by the S:cretary of tabor, United
y•
t'
•',.+.'. `k�,_r,. •• X-, .,.,"•f.w: •- 1rQ,.�ti �is'�A?,,Y...c C.,:+'�.c '�sray.`* rr', k4 rAk�. t ;. t n.,��' ,".�i`S'•a�=.r t:'"=�;, `�`�'�`p�+J-.:
a
f�0
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States Department of Labor, pursuant to the aforesaid Davis-Bacon
Act, to be the wages prevailing in the locality in which the Proj-
ect is situated, nothing in this Contract is to be construed as
intended to relieve the Public Body of its obligation, if any, to
require payment of such higher wages. '
(E) Equal Employment Opportunity
(1) Activities and Contracts Not Subject to Executive
Order 1124�: In the carrying of the Project, the Public
llady w�'FT not discriminate against any employee or applicant
for employment because of race, color, religion, sex or
national origin. The Public Body will take affirmative action
to ensure that applicants are employed, and that employees are
treated during employment, without regard to race, color,
religion, sex or national origin. Such action shall include, =ti
but not be limited to, the following: employment, upgrading, -:
demotion, or transfer: recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of corr>ensaa
tion; and selection for training, including apprenticeship.
The Public Body agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be pro-
vided by the Government setting ''orth the provisions of this
nondiscrimination clause. The Public Body will , in all solicita-
tions or advertisements for employees placed by or on behalf of
the Public Body, state that all qualified applicants will receive
consideration for employment without regard to race, color, { :
religion, sex or national origin. The Public Body will incor-
porate the foregoing ry uirer,ents of this subparagraph (1) in `
all of its contracts for Project work, except contracts governed ;:
by subparagraph (2) e-7 this Section lC5(E) and contracts for
standard commercial supplies or raw materials, and will require '
all of its contractors for such wrirk to incorporate s,,ch require-
ments in all subcontracts fcr Project work.
(2) Contracts Subject to Executive Order 11246. The Public
Body hereby agrcas ttia: it wi'IT incorporate ar cause to be incor-
porated into aay c-ntr4,2t for construction work, or modification �
thereof, as defined in the reotilc ions of the Secretary of Labor
at 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Goverarrant or borrowed on the
credit of the Federal Government pursuant to a grant, contract,
loan, insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance,
or guarantee, the following equal opportunity clause:
Durinq the performance of this contract, the contractor
agrees as follows:
ry
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(1) The contractor will not discriminate against any
employee or applicant for employm'nt because of race, color,
religion, sex, or national origin. The contractor will take
affirmative action to insure that applicants are employed, ,x..�
and that employees are treated during employment without
regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited toY ,
the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termina-
tion; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The con-
tractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be pro-
vided by the public Body setting forth the provisions of
this nondiscrimination clause,
(2) The contractor will, in all solicitations or
advertisements for employees .placed by or on behalf of the
contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, J~ y
religion, sex, or national origin, p
(3) The contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or ,ry
workers' representative of the contractor's commitments
y under this section, and shall post copies of the notice �N;
in conspicuous places available to employees and appli-
cants for employment.
(4) The contractor will comply with all provisions
of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary
r"
of Labor.
(5) The contractor will furnish all information and
reports required by Executive Order 11246 of September 24,
1965, and by the rules, regulations, and orders of the
Secretary of Labor or the Secretary of Housing and Urban
Development, or pursuant thereto, and will permit access
to his books, records, and accounts by the Public Body, a
the Secretary of Housing and Urban Development, and the .
Secretary of Labor for purposes of investigation to
ascertain, compliance with such rules, regulations, and
orders.
r.
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(6) in the event of the contractor's noncompliance
with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, this
contract may he canceled, terminated, or suspended in
whole or in part and the contractor may be declared
ineligible for further Government contracts. or federally
assisted construction contracts in accordance with pro- "`a=
cedures authorized in Executive Order. 11246 of September . �
24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the
sentence innediately precedino` paragraph (1) and the pro-
visions of paragraphs (1) through (7) in every subcontract
or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, gar:
so that such provisions will be binding upon each subcon-
tractor or vendor. The contractor will take such action �
with respect to any subcontract or purchase order as the
Public Body or the Secretary of Housing and Urban Develop-
ment may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided however,
s` M
That, in the event the contractor becomes nv6_ ved in, or
is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the Public Body,
the contractor may request the United States to enter _
into such litigation to protect the interests of the
United States.
The Public Body further agrees that it will be bound
by the above equal opportunity clause with respect to its
own employment practices when it participates in federally
issisted construction work: Provided, That if the Public
Body so participating is a State or focal government; the
above equal opportunity clause is not applicable to any
agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract. s
The Public Body agrees that it will assist and co-
operate actively with the Secretary of Housing and Urban
Development and the Secretary of tabor in obtaining the
compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the
Secretary of Housing and Urban Development and the Secretary :J4
c{
+st rF.
...fit
''�` �i,, fi".+ <: r�`��;,��:2 ; t _y � t.. ^�.t W.t y,°,i eyay*d" d r'`r7 a r �;a+' tJ y+pw .� •dr .�V1 yf�i. Ai
J
of Labor such information as they may require for the super- -«.,
vision of such compliance, and that it will otherwise assist
the Secretary of Housing and Urban Development in the dis-
charge of his primary responsibility for securing compliance,
The Public Body further agrees that it will refrain
from entering into any contract or contract modification ,
subject to Executive Order 11246 of September 24, 1965, = :'•
with a contractor debarred from, or who has not demonstrated :
lµ��
eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and ,
will carry out such sanctions and penalties for violation of w
the equal opportunity clause as may be imposed upon con-
tractors and .subcontractors by' the Secretary of Mousing and
Urban Development or the Secretary of Labor pursuant to
yµ',t�•
Part II, Subpart D of the Executive order. In addition, the . ..u;
Public Body agrees that if it fails or refuses to comply
with these undertakings, the Secretary of Housing and Urban
Development may take any or all of the following actions: `
Cancel , terminate, or suspend ih whole or in part this
grant contract; refrain from extending any furLher assist-
once to the applicant under the program with respect to
which the failure or refusal occurred until satisfactory
assurance of future compliance has been received from such
Public Body; and refer the case to the Department of Justice
for appropriate legal proceedings.
SEC. 107 DEFAULTS AND REMEDIES Tom.
(A) Termination or Suspension of Contract. The Government
may terminate or suspend this Contract at its discretion upon the
happening of any of the following:
(1) The failure of the Public Body to complete the Proj-
ect within the time prescribed in Section 5 of Part I of this x.
Contract;
(2) The making of any misrepresentation by the Public
Body in its Application or in the furnishing of any informa-
tion to the Secretary,
(3) The violation of any of the terms or conditions of
this Contract;
(4) Any event which makes the accomplishment of the ,t
Project by the Public Body impossible, improbable, infeasible,
or illegal; or
. t
,t 1 .Y�. .1.c a � y5` e.� b �r`y,�,.' �''-'Ss .�!'�'K F �k�'�*it��� r e'��•��'�Cr�`Y �`G'�,, � '�= Z :•'!�`�•t ?y
�� N �}n i�@ +.�,�•ht ..`,L�..L�'`�'" r i ens•+ .. '}'r ^.. C. Z
12
(5) The commencement of any litigation challenging the
performance by the Public Body of any of its duties or obliga-
tiohs which may jeopardize or adversely affect the Project, -
this Contract, or the Grant.
(B) Forfeiture of Grant. For any violation of any of the
terms of this ontract, t e ecretary may, in addition to such , 4y
other remedies as may exist at law or in equity, require repayment
i rt•r
of all or part of the Grant to the Government. rwf
(C) When Rights and Remedies Not Waived. In no event shall
the making by the Government-of any Grant payment to the Public
Body constitute or be construed as a waiver by the .Government of
any breach of covenant or any default which may then exist on the
part of the Public Body, and the making of any such payment by the
Government while any such breach or default shall exist shall in
n-) wise impair or prejudice any right or remedy available to the 4"
Government in respect of such breach or-default. ;
SEC. 108 MISCELLANEOUS PROVISIONS
(A) Interest of Public Body Personnel and Other Local Public
Officials. The Public o y s a adopt and en orce measures to
assure th t no member of its governing batty and no other officer or '`
employee of the Public Body and no member of the governing body or
other public official of any other local public body in the ,irban w
area in which the Project is situated, who exercises any functions
or responsibilities in connection with the carrying out of the
Project, shall , prior to the completion of the Project, voluntarily
acquire any personal interest, direct or indirect, in any property `
included in the Project or in any contract or proposed contract in
connection with the undertaking of the Project. If any such member,
employee, or officer presently owns or controls, or in the future
involuntarily acquires, any such personal interest, he shall immedi-
ately disclose such interest to the Public Body. Any member,
employee, or officer who shall have or acquire such interest shall
not participate in any action by the Public Body affecting the
undertaking of the Project, unless the Public Body shall determine
that, in the light of the personal interest disclosed, the partic-
ipation of such individual in any such action would not be contrary
to the public interest. The Public Body shall promptly advise the * :
Secretary of the facts and circumstances concerning any disclosure
made to it pursuant to this provision and the action taken by the "
Public Body upon being made aware of said facts and circumstances.
(B) Interest of Certain Federal Officials. No Member of or y `
Delegate to the Congress of the United 9tates, and no Resident
Commissioner, shall be admitted to any share or part of this Con-
tract or to any benefit to arise from the same.
r
,,•,, �,.,� � �i�'�: i� � .r �+n",1,.,�,+. !�i++..'.,'''w":�D�'�'�[�+tn"S��y�s.,Y!"a.v J..Pat4� M a
13 ,rat
.s
kC) Bonus or Cormrission. The Public Body shall not pay any
bonus or commission Tor the purpose of obtaining the Secretary's '
approval of the Application or any other approval by the Secretary
which may be necessary under this Contract.
(D) Government Not Obli ated to Third Parties. The Govern-
ment shall not e o gated or liable under Ms ontract to an +:
party other than the Public Body, y
(E) How Contract Affected by Provisions Beina Held Invalid.
If any pro-M-ir-o-n-o-T-Fis Contract is held nva id,t eT rem n� of 6 -
this Contract shall not be affected thereby if it is in Conformity
with the terms and requirements of applicable law.
(F) Provisions Concerning Certain Waivers. Subject to
applicable- Federal law, any right or remedy which the Government oc
may have under this Contract may be waived in writing by the
Government by a formal waiver and either with or without the
execution of an amendatory or supplementary agreement, if, in the F b
judgment of the Government, this Contract as so modified, will
still conform to the provisions and requirements o-l" 3pplicable laws,
3M�'R
r
MtiyS.'.
q.
j
•�' ,.i •L a ati.:_ `p� ^��i{�w t1`�' `� • •>i�.x:� t{!' .5. ,,;,r y,�,1a:.1.Fy r a'�0.,
y t i r r.-•y ��-a�,� y.��a�•F vk. �R'�i��14�t .^•,rl±�"y;6....iy,''`.ay`irr e#�•�`,�-�'T V'G�✓�o-wh/'�"ktr f�c
� r rd's:.�4+ a�E•j�a'��Y' ��.�li�l 'y�fiw�tysld si�rroK+'�i�r�e�i"�!�^�`��.^',7�7���i`�F,•
Srnrt ref re tfO4NtA 111f RtSoURrIS i,(.tNCY t,b•'+ltlo G. P40WN JR,Go-cans
DEPARTMENT OF PARKS AND RECREATION .Lune 3, 1975
1.0 Pnx 2390
SA%QAMElfrO 4581 t '
i
CITY OF NURTINGTON RFACH
Mr. Norman Worthy j�
Director, Parks & Rgcreation Dept JUN
75
City of Huntington Beach
P.O. Box 190 RECREATION&PARKS ULPACTMENT
Huntington Beach, ca 92648
r
R1 : Central Park #30-0016 �
Dear Mr. Worthy:
You will find enclosed for your filet, one copy of n fu11y e-:ccuted project
agreement for the above projects) under the State lsc ach, Park, Rec_rentiotial
slid Hictorical Facilitien bond Act of 1974.
Please note your obligation to submit icgnisition (lor_u;.ent:, and/or devalop-
meat plans and specifications to thin for approvi.1 prior to b2gi nning
negotiations for land acquisition and/oi project run'+truction. Also attached
is additional acquisition in£ornation for your use.
The Gr«rrts and Statewide Studies Division is al.way:J available: for assistance
with your project.
Sincerely,
OUCitt F. Bauer, Assist.'int Superv.tsor
Grants Adninistration ;Section
Attachments /
N-113
MMI13IT ]'
STATE OF CAL1FOPNIA CITY OF HUt>TINGTON BEACH
Resourc*s Agency I
Depatmanl of Parhs and fiacreathon U 1975
PROJECT AGREEMENT
STATE BEACH,PARK,RECREATIONAL,AND IIISTORICAL FACILITIES BOND ACT of 1974 RECREATION&PARKS D7 PAf'jN1ENT
Project Title Central Park
Applicant City Of }-Huntington Beach ProjectNu�mbCr
Project PerformancePer,od
'I•
Oescrrptron of Protect land purp6tesfor which grant moneys were requested)
This project is for the acquisition and develcpment of the 19.54
acre Sully.-Miller quarry which is located in Huntington Central Park.
When fully developed the area will contain 15 campsites (trailers) ,
25 tent sites, restrooms with showers, and tables and benches for
picnics and get-togehters. Facilities will also include sewers and
drainage, plants, shrubs, trees, walkways, parking lots, lawn areas,
and electrical underground lighting.
The development portion of the 1974 bond funds will be used for �\
grading, sewers and drainage, electrical underground light standards,
ana engineering.
The acquisition portion of the 1974 bond funds will be used to acquire
the 19. 54 acre parcel.
Budget Act of 1974 a_s amended � Item Number 412A (179)_
Ch.Ij22 fifatut 1s f I 7>+ ~�
1 Allocated for a quisitron y�4O?>(d�._1 )�)
2. Allocated for development 7'•F4 ____,.rt�,__^
T otar State Grant not to exceed S 496,944
The General and Special Provisions attached are made a part of and are incorporated into this Agr"ment
Cif of Huntington Beach_^_
Applicant
Trt(a Cif Administrator v�
Dart STATE OF CALIFORWO,
DEPARTMENT OF PARKS AND RECREr,Tt. .+
By
Date _ _ Late tni 1274
1
DPR 463 191741
Stele of Cplttornie The Rasourcea Agency i
DEPARTMENT OF PARKS AND RECREATION
CERTIFICATION OF FUNDING t
[-ON�kACI NUMBER -- r---^ - - FUNDState :-each, Park, i:ecre 3tional and `
fur{�pf 1974
AMOUNT OF THIS ESTIMATE APPROPRIATION
roject tuna 20-001IF g A�.UL1 _- �. _
UNENCUM EKED BALANCE ITE fM CHAP7ER— ` STATUTES FISCAL YEAR
49E',944e0U J'�1j7. 1.A, 15?2 _7 74�1�i74/7Jr
ADJ,INCREASING ENCUM- FUNCTION
BRANCE
AD.I DECREASING ENCUM• LINE ITEM ALl 0TMENT�
BRANCE
�— -- --- ,eSL,275 SED
I Hamby Coolly upon my own perwnal knowledge that budgeted funds T B.A.NUMBER B.A.NUMBER
are eveilable for:his encumbrance
t E ACC U TING OFFJCER ate
DPR b26 (603)
STATE BEACH,PARK,RECiILATIONAI AND 111ST0111f AL r-ACILI(IEti 11UND A(.T OF iy14 1
Project Agreement 3
Special Provrstoas
SSi
i
14
i;
�i
General.Provisions
A Definitions
r
1. The term"State"as used herein means the California State Department of Parks and Recreation j
2. The term"Act"as used herein means the State Beach,Park.Recreational and Hwurical c acihties Bond Act of 1974
as amended,
3. The term"Project"as used herein means the project which is described cin pa<)e t o1 tht%agreement.
4. The term"Applicant"as used herein means the party described as applicant on pale 1 of this agreement
B. Project Execution
1. Subject to the availability of grant moneys in the Act, the State hereby aranls to'he Applicant a sum of money
(grant moneysl not to exceed the amount stated or pail? 1 in cons,drraiinrt of at„S tin concfit.on that chi sum ne
expanded in carrying out the purposes as set forth in the Dewripbon of Project on page s and under the terms and
conditions set forth in this agreement
Applicant agrees to assume any ohlnlahon to furnish any it idrtional fun,h that may bt, -ecassary to tomtitete the.
project Any modification or alteration in the project as set forth in the giplicalioit,n file with the State tn,tct Ue
submitted to the State for approval prior to disbursement of grant moneys.
2. The Applicant agiees to execute and complete the Project in accordant with the time of project per formance set
forth on Page 1 and uncle, the terms and conditions of this agreement
3. If the Project includes development,the development plans and specifications shall be review4d and approved by the
State before construction is commenced,
4. The Applicant shall secure completion of the.development ..ork in accordance with the approved oevelopment
plans and specifications,
5 The Avvlicani shall pennit panoo,t site vis+ts ry the State to determine it development work is in accordance will
the approved plans and specihcal�ons including a(trial m;Ftectiori upon Project compietion,
6. All significant deviations from the Project shall be submitted to the State for prior approval
7. If the Project mc'udos acquisition of real property, the purchase price lot such reel jucipprty sliAl he clett•,mmrtj
from a State approved appraisal report prepared by a comrielent aooralser or throcgh prncerdiogs in eminent
domain.The appraisal report and quabiic..trons of su,:h appraiser shall be stibmitteti for review and approval by the
State before initiation of the acqusition procedure,
t Applicant agrees to furnish State ptehmmary title reports rrspecnng such real property or soch other evidence of
title which is determined to be sufficteot by State,.Applicant agrees,+i negutiated purchases to correct prior to or at
the close of escrow any deferts of title which in the opinion of State might interfere with the operation of the
Project,In condemnation actions such title defects must be aPmonated by the final judgment
a. Applicant in acquiring real proper';,the cost of which is to be reimbursed will)grant moneys under this age,anient,
shall comply with Chapter 16 (commencing with Se�uoo 7280) of Division 7 of Titte 1 of the Government Code
and any applicable federal, '.tale, or loc:;,i laws or ordinances DoCumenlal,no of sech ruwnt,liance will be mare
available foe review by the State upon reau?st...
2
Project costs
The grant moneys to be provided Applicant under this agreement shall be disbursed as follows
t, if the Project includes acquisition of real property, the State shall disburse to Apph,:ant the grant moneys as
follows, but not to exceed in any event the State grant amount allocated for acquisition as set forth on jtagn t at
this agreement:
a. When acquisition is through negotiated purchase,upon close of esccrw,. tale vl,lf thsh,use the antrnt,+r of the
State approved purchase price tctgethe.with State approved costs of acg,,,<•tton
b When acqui on is throh9K proceedings in ern!nent domain, State will d,%I t,,r fhe mnotmt ..I .r tvt.rt
award as provided for in ilia final order of condemnation together with State appteveaf costs a(acvatsmon
C. In the event Applicant abandons such eminent domain proceedings. Applicant igft,•es to bear al,e,•ttc in '
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 plan, and %l,pcdicanons :in,, ,ffor 51
completion of the Project at any phase or unit thereof,Stale shall d+sbur%i,r+tnrul••a e .1 rii•..,emt:in-f appllw It -
by State of a statement of Incurred coats from Applicant, the amount rill atirh approved rncorrei costs snuvvn Cr, a
such vatement, not to exceed the State grant amooni allocated for dtmetopmtni ,I, ,e, (at&h ontragr I ,.t m,s 1
agreement,or any remaining portion of such grant amount to the extent a(stir h st)teo,enl Start!Inet rl,%f .r up
to 90%of the State grant amount allocated for development as shawl,on page I of III,,,agwernent,upon n!v Ip!
and approval by State of a statement of estimated costs from Applicant All moneys-ird,doted InNioh,int O%w s
remain property of State until expended for project purposes
The statements to be submitted by Applicant shall set forth in detail file III,uuelt at estimated r,•, t nl w••b
performed or to be performed on development of the Project and wnethet performance w It Ue by conil,n;t-wi
contract or bt force account.Statements shall not be subnnueti more liequenity tt.an ninety day prteodn mti:
otherwise requested by State.
Modifications of the development plan and schedule must tl,r approved toy Sidle`I •tor n,Illy tl�tal,ors hurl toll-
State approved plan and schedule.
D Project Admin,etiaucin
t. The Appht ant shall promptly submit such reports as the State may teru,e%1
In any event Applicant shall ptovicfe State,a report showinq total I,nai Prntecl eyren+^r•rr.rs nrcuidrrtg Slaw d,t-•.I'M
other moneys expended within sixty(60)days after conrplelinn of Prn;ec,i
2 Property and facilities acquired or developed pursuant to this agreement shall III,a+alfabtr,for„Ispt+ta:uc b� tf.•
Slate upon request.
J. The Applicant shall use any moneys advanced by the State under she terms of thin.agreeni-o,l<ofely tot ptr I,ik p,I
herein described,
4, it grant moneys are advanced, the Applicant.%hail I ice such moneys In•t separate •Ierp,f Iroarrnq o,t.tl,n+,—frog
up and identifying such account prior to the advan I r++tetest earned un grant I- y%advaticrri nutwam r 1 1•
agreement<hall be p,ad to',late I f Ilia it mnnt•I s it.--I-da rrl toil not rip......, I-onu%erf
shall III,,etu,ne.t Iu III«Milk.Hit • bu,lay4 or •,.,,P•.I,rcl I.e.it 'tame I...,I+.
whichever I-earlier.
!! Gross Income that is earned by the A.pjrllcdnt from a State approved nu"iecnedu.ondl ttnr on an atvlu!olmn t,tnlrl�t,
subsequent to taking title by the Apphvant•must he dsw,by she Atl-want tat tectem,onat purtlostts at file Proje l
E. Project Termination
1. The Applicant may unilaterally rescind lhts agreement at any time prtttt to tit"I a ItIl— erurti(of tl'o ptotet t Allkt
Project commencement this agreement may be rescmded,muddied at amrnd,vf by mutual dryreen,en,I-t wr•titin !I
project shall he ,teemed corritnenced when the Applicant makos any exnenoxure, t✓epives in advatl,x of gr,fnt
moneys or incurs any obligation will,respect to the Project
2. Failure by xte Applicant to comj%ly oolh the terns n(the arlierment at any vther;fgreemlmt tinder lht!A.I n,d4 I.,•
cduse for %UfrtenSlOn -t ail obligalransof the Stale hereunder
3 Failure of the Aonhcanl to comply with the terms at ih•s ulteetnent shall not be raute tut the IUtw%N" Tr.of di;
obligations of the State heieunde., if in the Judgment at the Mate such failure was due to no fault of the apphtafo
In such case,any amount required to seltle ail minimttm cost any tf revucablo obl,oal oats prdpedy incurred:hall tee
eligible for reimbursement under this agreement.
4. Because the benefit to be derived by the State,from the full compliance by the Applicant with the forms of this
agreement, is the preservation,protection and net increase in the quantity and quality of beeches,parks,public
outdoor recreation facilities anti historical resources available to the people of the Slate of California and because
such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by thr,Slhle
by way of grant moneys under the taims 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 ApplicaW further
agrees therefore,that the appropriate remedy in the event of a breach by the Applicant of thisagreemiim shalt bn
the specific performance of this agreement,
i•
F. Hold Harmless
a_+
1. Applicant hereby waives all claims and recourse against the State including the right to conb,bulit,,lo• ro ti nr
dt rte" to persons or property arising from,growing out of or in any way connected with or utcrrl—t to this
agretxr#nt except claims arising from the concurrent,resole negligence of State,its officers,agents,and iimptoyees,
J
2. Applicant shall indemnify, hold harmless and defend State,its officers,agents and employees against inv and all
aaims, demands, damages, costs, expenses or liability costs arising out of the aLriorsitton, dwrionnrem
construction,operation or maintenance of the property described as the Ptojec which cld,ms,demands or rd:,se:of
action arise under Government Code Section 895.2 or otherwise except for Itab,:.ty at-snit'out of the cm:%"tent rn
sole negligence of State,its officers,agents,or employees
3. In the event State is named as codefendent under the provisions of Government Code Section 895 .t ,r:r,, the
Applicant shall notify State of such fact and shall represent State in the legal action+,mess State unde,t,r..as to
represent itself as codefendent in such legal action in which event State shah bear its own litigation crash.,exiiiiuw!i,
and attorney's fees.
d. in the event of judgment entered against State and Applicant because of the concurrent negligence of Stain and
Applicant, their officers,agents,or employees,an apportionme,nl of tidbiluy in nay such judgment shall he•shale:y
a court of competent jurisdiction.Neither party shah request a iury apportionment
G. Financial Sacords t
f
1. The Applicant shall maintain 5atistaetory financial accounts,documents and records for the,Project and shay i.a
them available to the Stale for auditing at teasonable tirnes.Surh accounts,documents ann ncGords shall be*•, ii•,a.
by theAciplicant for three years following project termination or completion
During regular office hours each of the parties hereic,and their duty at•ihotu^d r¢peesenlatwes shall havi•iht riglii
to inspect and make copies of any hooks, records or reports of the other party pertaining to this agrepn••ri it
matters related thereto.Applicant shall maintain and make available for inspection by State accurate retrow,or eft
of its costs,disbursements and receipts with respect to its activities dndet this agreement.
2. The Applicant may use any genetalty accepted accounting system ornvided such system meets the hunin.-im
requirements as may be established by State.
H. Use of Facilities
1 The property acquired or developed with grant moneys under this agieernant shill o.•used toy the Apttlr;a,,r at ly for
the purpose for which the State Grant moneys were tequested and no other ,+.,• of fire area shall be per rotted
except by specific act of the Legislature,
2 The Applicant shall withouo rost to State operate and maintain th.•orrtnetty acquired or developed pursuant r., or
agreement,n the manner and according to the standard.aeceptawe I . ,'ate,
1 Nondiscrimination
1. The Applicant shall not discriminate against any person oh the bash r•f sex,fine•,rotor,no nalion:h ar,gin tit ,+•trip
of any property or facility a tIurred or developed pursuant to this agreement
2. The Applicant shall not discriminate, against any person on the basis of ,rsulpr•te except to trip drtri+I thdt
reasonable differences in admission or other fees may be matntdired on the oasts of resut+tnce and p0r5uant tit luw
4
AGREEMENT
This Agreement made and entered into this s9th day
of January , 1976', between Sully-Miller Contracting
Company, a California corporation, having its principal office
at 3000 East South Street, Long Beach, California, 90805,
(hereinafter called "SELLER") and. the City of Huntington Beach,
a municipal corporation in the State of California, having
its offices at 2000 Main Street, Huntington Beach, California
92648, (hereinafter called "BUYER").
W z T N E S S E T H:
WHEREAS, BUYER desires to purchase the property of SELLER
which is hereinafter described; and
SELLER is willing to sell such property,
NOW, THEREFORE, in consideration of the mutual promises
and covenants hereinafter set forth, and subject to the terms
and conditions of this Agreement, the parties hereto agree as
follows:
1. SELLER agrees to sell to BUYER, and BUYER agrees to
E
purchase from SELLER, the land situated 4n the County of grange,
State of California, which is described in Exhibit "A" attached
hereto, and its perimeter fencing but otherwise exclusive of
all improvements, facilities and structures situated thereon
("the PROPERTY"),
Prior to closing, SELLER will deliver to BUYER title reports-,
issued by a title insurance company doing business in Orange
WSA;er ] .
IAI
9/2 /7a
County, California, on the title to the parcels of real property
set forth in Exhibit "A". The cost of said reports shall be
at SELLER's expense. BUYER will, within a reasonable time there-
after, give notice to SELLER of its objections to the conditions
of the title to be conveyed, if any, and thereafter, will allow
SELLER a reasonable time to clear the objections to title raised
by BUYER.
In the event that the SELLER is unable to convey a good and
marketable title satisfactory to BUYER within sixty (60) days
after BUYER has given SELLER any such notice of deficiency then
this agreement may be terminated at the option of either. The
exercise of this option to terminate shall be effected by delivering
a notice in writing to the other indicating such action. There-
after, each party shall be forever relieved of any and all obliga-
tions to the other arising out of this agreement.
Upon closing of the sale hereunder, SELLER will deliver to
BUYER a good and marketable title to the land conveyed evidenced
by an instrument of conveyance of title covering the PROPERTY
in the form of a Grant Deed, subject to existing covenants,
conditions and reservations of record, and subject also to the
reservation by SELLER of all oil, gas and mineral rights in the
PROPERTY below a depth of five hundred (500) feet but w thout
any right of surface entry, and a policy of title insurance in
the California Land Title Association form in the amount of the
purchase price shoviing title to BUYER subject to the aforesaid
conditions, restrictions and reservations. Such conveyance shall
2.
be in form and execution satisfactory to the City Attorney of
BUYER.
2. The purchase price for the PROPERTY is SIX HUNDRED
NINETY THOUSAND DOLLARS ($690,000) which amount will be paid
by BUYER in the form of a bank check or draft payable to
the order of SELLER which check or draft will be delivered to
SELLER at the time of closing hereunder.
3. It is hereby made a condition of closing hereunder for
the benefit of SELLER that BUYER concurrent with the closing
hereunder will lease all of the PROPEF1Y to SELLER, and that the
parties will at or before the time of closing hereunder execute
a lease of the PROPERTY in the form attached hereto as Exhibit
"A-111 . Such lease will be dated as of the date of closing
hereunder, and will be for a term of three (3) years from such
closing, subject to the right of termination by SELLER as
provided in the form of lease attached hereto.
4. BUYER represents that it has made a thorough site
inspection of the PROPERTY and is familiar with the PROPERTY
and its condition. BUYER is aware that an extensive rack,
sand and gravel pit exists on the PROPERTY, and that SELLER intends
to make further excavations during the period of the aforesaid
lease and to conduct other operations in ^.onnection with its
rock, sand and &ravel business which may affect the condition
of the PROPERTY. BUYER hereby assumes any and all obligations
that may exist to render and maintain the PROPERTY in a safe
condition from and after the date of the termination of the
aforesaid lease.
3.
x
5. The closing of sale hereunder will take place at
the aforesaid office of BUYER, at such time as SELLER and BUYER
may mutually agree in writing, but not later than January 30,
1976 .
6. Real Property taxes on the PROPERTY shall be pro-
rated between BUYER and SELLER as of the time of closing hereunder.
7. By execution of this agreement SELLER acknowledges
that the agreed purchase price hereunder is just compensation
for the .property, that the agreement to lease back the
PROPERTY incorporates a rental obligation which is the fair
rental value of the PROPERTY and that the extension of said
leaseback from BUYER to SELLER at the termination of the
lease together constitutes a bargained-for waiver by SELLER
of any right SELLER might have to relocation assistance or
other benefit arising out of operation of Public Law 91-646,
as the provisions thereof might be applicable to either this
sales agreement or the lease, or either of them.
8. The obligation of the BUYER hereunder is subject to
fulfillment of the condition that prior to the date of closing
BUYER will have received from the State of California or from
the United States Government, or either or both of them, funds
for the purpoe;- of this acquisition, and which funds are in aggre-
gate amount equal to the purchase price of the PROPERTY.
IN WITNESS WHEREOF, the parties hereto have duly executed
(Rest of Page Not Used)
4.
Ifl °
� STATE OF CALIFORNIA,
ss.
COUNTY OF I3; f�` f LTvi 9� December 30, 19 75
I before me, the undersigned, a Notary Public in and for said State, personally appeared
W. DI RASH known to me to be the
of the .Flt �t31�CTt�c1Q� 'IVff
the Corporation that executed the within Instrument, known to me to be the person who
executed the within Instrument,on behalf of the Corporation,therein named,and acknowledged
i�
orFictAL SEAL o a to me that such Corporation executed the same.
v UONI NO M. TEPPEP
°
o � j P 4:MC1P^G CF CE "I
a ��s a G'ss ,u:. t WITNESS my hand and official seal.
(�� o My Cornnission Expires March 5, 1977 0
ij _
oo®madaosA�,�..-vma4aomeasaa,r�aa
el
a Notary Public in and for said State.
0.CKNOtYlEU6AlEHt—cac0atattan. �..._ .. �,-, ��may'
i
this agreement as of the date first above written.
CITY F HUNTINGTON EACH (BUYER)
Byf ' `t` �c
ATTEST: -- "M Mayor
City Clerk
APPROVED AS TO CONTENT: APPRMKED AS TO FORM:
City Administrator ) City Attorne
SULLY-MILLER CONTRACTING
COMPANY (SELLER)
By .
11. K. I)1aCGREG013 - PRES 'T
B��'� u4,�
IV. Duane Rash- Secretary
SULLY-MILLER CONTRACTING
COMPANY (SELLER)
By G�ui' _✓
R.K. UncGs ,GOR - PimS T
W. Duane Rash-Secretary
All of that certain land situated in the State of California,
County of Orange, described as follows:
The East half of the Southwest quarter of the Northwest
quarter of Section 35, Township 5 South, Range 11 West in
the Rancho Las Bo lsas, in the city of Huntington Beach,
County of Orange, State of California, as shown on a map
recorded in book 51 page 13 of Miscellaneous Maps, Records
of Orange County.
Exhibit "All
RESOLUTION NO. 4185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A PURCHASE AGREEMENT AND A LEASE
AGREEMENT WITH SULLY-MILLER CONTRACTING COMPANY,
AND ESTABLISHING A SPECIAL TRUST FUND
WHEREAS, the City of Huntington Beach desires to purchase
certain real property from Sully-Miller Contracting Company,
and Sully-Miller Contracting Company desires to lease such
real property for a period of thirty-six (36) months in order to
relocate its business; and
Such real property is described as:
The east half of the southwest quarter of the
northwest quarter of Section 35, Township 5
South, Range 11 West 1n the Rancho Las Bolsas
In the city of Huntington Beach, county of
Orange, state of California, as shown on a map
recorded in Book 51, page 13 of Miscellaneous
Maps, Records of Orange County, California.
The City of Huntington Beach has agreed to pay the sum of
Six Hundred Ninety Thousand Dollars ($690,000.00) for the real
property hereinabove described, and Sully-Miller Contracting
Company has agreed to lease such property for the sum of Forty-
six Thousand Dollars ($46,000. 00); and
The City of Huntington Beach has agreed to establish a
special trust fund in which the moneys to be derived from such
lease shall be deposited and designated only for future develop-
ment of such land for open space purposes,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that it does hereby authorize the mayor
and City Clerk to execute both the purchase agreement and the
lease agreement with Sully-Miller Contracting Company whereby
the City of Huntington Beach agrees to purchase for bhe. sum of
WSA:cs 1.
a o
Six Hundred Ninety Thousand Dollars ($69o,000.00) , and Sully-
Miller Contracting Company agrees to lease for thirty-six (36)
months for the sum of Forty-six Thousand Dollars ($46,000.00)
that certain real property desc ')ed herein.
BE IT FURTHER RESOLVED that the moneys derived from such
lease shall be deposited in a special trust fund set aside for
future development of such land for open spade purposes . The
Finance Director of the City of Huntington Beach is hereby
directed to furnish to the United States Department of Housing
and Urban Development the number of such special trust fund.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to furnish copies of this resolution to the United
States Department of Housing and Urban Development and the
California Resources Agency, Department of Parks and Recreation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of January, 1976.
ATTEST:
Mayor
e f/'
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
City Administrator . 5 t'c ity Atto ne
d
2.
4
No. 4185
r
STATE OF CALIFORNIA )
COUNTY OFORANGE
CITY OF HM INGTON "„EACH
1, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 19th day
of January , 1976 by the following vote:
AI'ES: Councilmen: j';
2 J"z
Bartlett, Coen, Matter Shipley, Gibbs
NOES: Councilmen:
None
ABSENT: Councilmen:
wieder, Duill,
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
REQUE,-F FOR CITY COUNCIL ACTION
Submitted by Vincent Moorhouse, Director Department Harbors,Beaches, Recreation & Parks
Date Prepared January 29 , 1979 Backup Material Attached F] Yes � No
Subject SULLY-MILLER GRAVEL LEASE EXTENSION/H.C.P.
City Administrator's Comments
Approve as recommended.
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions: y�(Q
Statement of Issue:
The Sully-iMiller Company has requested the City extend their lease of the gravel pit on Ellis
Street east of Goldenwest Street within Huntington Central Park to March 19, 1979 for $500
per month to allow them to use up their stockpiled gravel inventory. They would not
antic°-)ate any further excavation of the pit.
Recommended Action:
Approve the Sully-Miller request to extend their contractual use of the Ellis Street gravel pit
to March 19, 1979, for the sum of $1,000 to allow them to use up their stockpiled gravel
inventory. This would be in addition to the 60 day lease condition to remove their plant and
equipment and to clean up the site. A continuation of the $1,000,000 combined limits
insurance provision in favor of the City would be required through May 19, 1979.
Analysis:
T e City entered into an agreement with Sully-Millar Company in January, 1976 following
acquisition of their 20 acre gravel pit on Ellis Street east of Goldenwest Street adjacent to
Huntington Centre: Park to allow them to continue to excavate gravel for a three year period.
At the conclusion of the lease, which expired lost week, it calls for Sully-Miller Company to
completely remove their plant and equipment at their expense and to render and maintain the
property in a safe condition upon return to the City.
The Sully-Miller Company owns an adjacent 5 acre parcel to the east of the gravel pit property
which they plan to continue to use to recycle broken concrete and asphalt for road subbase
material.
Alternatives:
Not approves the lease extension and require the Sully-Miller Company to remove their
inventory plant and equipment by March {° as originally called for in the lease.
Funding Source:
Income producing.
P10 W18
Mw an
PAC IU?i '
3580 VNILSHIRE aOULElARO
LOS ANGELES, CAL:FORN1A 90010
AREA CODE(2131 380-5650
July B, 1978
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Re: Named Insured: Sully-Miller Contracting Company
3000 East South Street
Address ; Long Beach, California
Policy No. CNX 160729
Gentlemen:
In accordance w1th the conditions of the Certificate issued to you or,
October 25, 1976 ) this is to notify you that the policy
in caption is being cancelled effective August 10, 1978
Sincerely,
ward M, Smith
Underwriting Manager
EMS:
Applicable as respects to the following leased property: The East Half
of the Southwest Quarter of the Northwest Quarter of Section 35, Township 5
South, Range ll West in the Rancho Las Bolsas, In the City of Huntington
Beach, County of Orange, State of California
P
K
corogga
H f f f C P I•0
COMPANIES AFFORDING COVERAGES
Johnson fT Higgins of Pennsylvania, Inc. — ----•-- — -
Grant Building i}M fA Aetna Casualty & Surety Company
Pittsburgh, PA
^MFFRY iE?"ER B
..�.. r-4.4'ANr I•ST.1T101Y
101
Koppers Company, Inc, and its subsidiary — - j y ____
Sully-Miller Contracting Company
3000 E. South Street
Long Beach, CA 90805 LETTER
gy Syw; T r
iETTER i}„I
----- ---
' r, 'Insurance irsted belvb, nave beer os":uef7 t the insured named above a td are m force at this time.
Limits of Liability in Thousands{ 00
Manph..q r -
iF'. N ;A'E �_._-_.._.__._... •r-- FVH C.URREIII AfiiRECA7E
GENERAL LIABILITY —_
._ � •.
A 03AI253539SRA i s/1j19 i
e ;:1• M AN'
.-N 1J 000 i 1,000
rq)rfq.Y -AF,E 3F 5 b
- a. cqS ',A: INAWP,
--------------__- __--_____-__ .,--____-- ----.__-'--INCLUDED IN ABOVE
AUTOMOBILE LIABILITY
A -X INCLUDED IN ABOVE r R a
EA.;N�A Kr41
V
EXCESS LIABILITY -- - ---
WORKERS"COMPENSATION
and
EMPLOYERS'LIABILITY
OTHER
1 fi'.t••_::h [.it+Y N, _X.AT,(:NS-VC Hi(:LFS
Applicable as respects to the following leased property: The east half of the southwest
quarter of the northwest quarter of Section 35, Township S South, Range 11 {Vest in the
iancho Las Bolsas, in the City of Huntington Beach, County of Orange, State of California.
-
Cancellation! uiu any of the above described pokies be cancelled before the expiration date thereof, the Issuing com-
;;any will ex)dxm.txfx mall days written notice to the below named certificate holder.XX1(l 7GXRa
r;�aaYc�x.;fxtE�}cfae^ x.�x :xrxr��v;,#�ascaaa�d�t't�aa�;s�1��-+e�cse�.^r�r.
Y 9E �
AN[.A'1DWI<DF CE RTfFtC.ATE HOLDER-
DATE ESSEI£D_ g
; August 1 19/n7
8 y_._.__..___,.____ r_,....,
City of Huntington Beach
2000 plain Street
Huntington Beach, CA 92648
- ALtZHOREZEp RFPRF5EM;Air4.�j"�r
STATE OF CALIFORNIA—THE RESOURCES AGE! ,44' EDMUND G. BROWN A, Governor
Tow
DEPARTMENT OF PARKS AND RECREATION t7tf �t ys�{3 `try rapt �!
r o BOX 2390 CITY i OF �"UNTI171i ON BEACH 1;
SACRAMFNTO 95811
(916) 445-4441 MAY 20 1977
May 16, 1977 Recreation & Parks Department
Mr. Nora Worthy, Director '
Farks and Recreation
City of Huntington Beach
Recreation and Parks Department
Huntington Beach, CA. 92648 �/
Re: Central Park, #30-0016 �.-u iii _a...-
Dear Mr. Worthy:
You will find enclosed for your files, one copy of a fully executed project
amendment for the above projects) under the State Beach, park, Recreational
and Historical Facilities Bond Act of 1974.
The Grants and Statewide Studies Division is always available for assistance
with your project.
Sincerely,
0tton F. Bauer, Assistant Supervisor
Grants Administration Section
Attachments
State of California—The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CEAT)FICATION OF FUNDING
CONTRACT NUMBER FUND
_ d + "
AMOUNT OF THIS ESTIMATE APPROPRIATION
5 o$ W400 $ TIUM �,, sift
UNENCUMBERED BALANCE ITEM g CHAPTER STATUTES FISCAL YEAR
1322
ADJ.INCREASING ENCUM- FUNCTION
BRANCE
P.O!.^ECS'ASiNG ENCUM• I LINE ITEM ALLOTMENT
BRANCE 30-7.5
I Hereby Certify upon my own personal knowledge that budgeted funds T.B.A.NUMBER B.H.NUMBER
are available for this,encumbrance.
SIGNATURE OF ACCOUNTING OFFICER date
DPR 526(6/73)
,V
STATE OF CALIFORNIA
THE RESOURCES AGENCY
DEPARTMENT OF PARKS AND RECREATION
PROJECT TITLE: Central Park
Contract No.: 30-16-084
PROJECT NUMBER, 30-0016
AMENDMENT TO AGREEMENT
THIS AGREEMENT, made and entered into this day of ,by and between the State of
California, Department of Parks and Recreation, and the CIty Of Un t I nq tOn , hereinafter called the
"APPLICANT". Beach
W ITNESSETH•
WHE PEAS,APPLICANT and STATE entered into an agreement dated 5—30-75 _for grant of;money put;:ant to
the State Beach,Park,Recreational and Historical Facilities Bond Act of 1974,and
WHEREAS, APPLICANT is desirous of extending the completion date of its PROJECT from b-30-77 to
6-30-79 :and
WHEREAS,it is considered to be to the mutual benefit of STATE and APPLICANT to extend said completion date;
NOW.THEREFORE,it is mutually agreed as follows:
T+}y�'j�t P$iect Perfor ante Period of said agreement be amended to extend the completion date of the PROJECT from
6-jl!-7r/ toi-30-79
IN WITNESS WHEREOF,the parties hereto have set their hands the day and year first above written.
_ City of Huntington Beach
Applicant
Title t�� ��•6
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
e By
Tale BY_
MAY S S 197T
Date
r
e
r
fe CITY OF HUNTINGTON BEACH
�S
COUNCIL - ADMINISTRATOR COMMUNICATION CA 36-48
HUN}INGTON MACH
To Honorable Mayor and From City Administrator
City Council Members
Subject RESOLUTION NO. 4224 AMENDING Date April 14, 1976
PROJECT AGREEMENT NO. 30-0016
BETWEEN THE STATE OF CALIFORNIA
AND THE CITY OF HUNTINGTON BEACH
Enclosed is Resolution No. 4224 amending the Project Agreement No.
30-0016 between the State of California and the City of Huntington
Beach. This agreement relates to the acquisition of the Sully Miller;
properties by the City of Huntington Beach which was accomplished
with the assistance of funds from the State of California and the Fed-
eral Government. The original contract with the State of California
allocated $405,000 for acquisition and $91,944 for development. As a,
result of negotiations which have subsequently been completed, it was
necessary to request the State of California Department of Parks and
Recreation to transfer funds from development into the acquisition
account.
Therefore, the attached Amendment to Project Agreemnt authorizes an
increase in acquisition from $405,000 to $416,900 and a decrease in
development from $91,944 to $80,044.
RECOMIYIENDAT I ON
Adopt Resolution No. 4224 and execute the Amendment to Project Agreement.
Respectfully submitted,
�
01�L' -I
David D. Rowlands
City Administrator
DDR/FGB:p
Enclosure
x
r
MEOW
5111tE tit t lltCrtt�tlA
Drrndrrnrent of Pa,sdrul Flecreatron
,
AAiENDRIENTTO PROJECT AGREGNIENT
State Geack, i'arlc, flecreationat and Phstoriral Facilities Bond Act of 1974
Project!intendment ►d ;. 30-0016.11 _
l l llti \1:1 1,r Proµ•ct Agreement No. _. 30-00].6 is harclr nt.,dc aliff a reed twon Gt tar Soot,
! ,0,I, tm t,.,t nor,tltrn Ugh the{)n"tor of[tic Depatinivtl ui Pxks and RetteJt:url and by Of,
ar h _ tannic aot)____` ,pursuant to flit State Itt•�dh,.Park, hocrc.uu,nal and}li•,trrri;al
It,ntl;h t of 107.1,Cttaptar 1,67,Division 5 of the f ubbl;Itl,uurr c.Code,
..I.;1+ltr Ail,ric.ull,in mtr:u.tl consideration of the pnomi;cs made herein and in the qrccnr:nt in which this is
an,t;m.n in nt,do pruntise as fuituws-
1 hat ow ah,,%c mt nutmed agreee:ent is aniendeti by:
on page 1 change:
1 . Allocated for acquisition from $405,000 to $416,500
2. AII0c:aLod for development from $91 ,91111 to $80,D44
Ur,,r,dl C„"trat.t No. 30-16-0134 _
In d11,,ttr,r rr,trt t,ts tilt•dgre,:tnent of which this is an intendment,and the plans and specifications if relevant thcretu,
sh,li It m.rin rn Iull Iort,c end cI led. In witness wherenf the parties hereto have executed this anlendnicnt as of the date
cntctcti I)CIUw.
A
STA`l I_DUAR►MENT 01' PARKS AND RLCRE.Al ION
AI,Ph,. A— City of H:tnt i ngton 6caclt
tsy Date
ft i f
City Administrator
Appltcata's Auth,xvcd ts shown
Ili Rcs„iulion F 'j ty
6'tell @
Date Y_A' 17
ZY
DtOfd f7, P(.ntFA
Mayor 01y AW:lr,0,^Y
ify Clef
STATE OF CALIFORNIA
Department of Parks and Recreation
AMENDMENT TO PROJECT AGREEMENT
State teach, Part(, Recteationaf and Historical Facilities Bond Act of 1974
Project Arnendment fvlo. 30-00 i 6.1
1!Its 1 `.l)',K NI fIo I'miect Agreement No. _-Q--OO i L is htieby made and agreed upon by the Stme
t :, 1%nng thrnugh the Director of the Department of Parks and Recreation and by the_Cam' of i#unt i tlgtnn
"-,a( h �Arrg«a u) _ _ � _ ,pursuant to tine State Be,wh,Park,Recreational anti liisturical
i Es r:.i A:t of 107%,Chapter 1.67,Division 5 of the Public Resources Code.
,t+;,c•AppIic.uiI,in mutual consideration of the promises made herein and in the agreement in whicis tidy k
an a:n.udn„nt,dt,prurnise as fuilows'
PI,,; PW at,n,c mentioned agreement is amended by: ;r {
On page 1 change; t
1. Allocated for acquisition from $405,000 to $416,900 �t �
2. Allocated for development from $91 ,944 to $80,044 t' ' U
d. ,
Vu
C ; : 41?A
Uric r;Ai C,wiract No. 30-16-084
III at!01II•r fcsth!cts the dgrecrnent of which this is an amendment,and chc plans and specifications if relevant thereto,
shstl r;neat=, M lull Eurce and ci Ictt. In witness whereof the parties hereto have executed this amendment as of the date
cntcfcd bcfuw.
STATE DEPARTMENT OF PARKS AND RECREATION
By
Aiplrc< � City of Huntington Beach
City Administrator date
Appitcani's Aulhorr/ed Representative as shown
rn Rcsuluiion TO Ft RA(
Mayor--_ _ (:1tV Atl7itt �I
City Clerk
-SlAff,OF C iIfORNIA--THE RE50URCES AGENCY EDMUND G. BROWN JP_ Gn.,,00,
UEPARTMENT OF PARKS AND RECREATION
PO PDX 2390 -�
5ACRAtnENTO 95811
Cliff' Or NUNTINi�iOP,] RTAC.T
May 7, )976 t�lAYZ n 1976
Norm Worthy RECREATION&Phfi!;a C }' "Ir-1 1 -
Dir. Rec. & Parks
City of Huntington Beach
Rec. & Parks Dept.
Huntington Beach, CA 92648
RE: Huntington Beach Central Park 'f30-0016
Dear Mr. Worthy:
You dill find enclosed for your files, one copy of a fully executed pro-
ject amendment for the above project(s) under the State Beach, Park,
Recreational and historical Facilities Bond Act of 1974.
The Grants and Statewide Studies ;7i:vision is always available for assistance
with your project.
Sincerely,
Otton F. Baur ,r, Assistant Supervisor
Grants Administration Section
Attachments
P
`�'�"`rs,1 TP' �},��i��q'xw�, �v`*�„0?X" "'Fwr>.rY�,vw�w:.k�-. +�•.e��nn-rb-Y'.vye�.�•.^"^`..p.,"�.��, �°.w. '•y"�s ,. ;r..�^L
•�-F, ,,�, h°��`'yki,�„�r' .""`°�"�.iay� KL'c't'r' e"�,�i5 ��°eJ.v`�,"CT.avrt;!y-� "S�"�..G'� �`�wk�r!+.Ar^'..�'�,-�{,"'°�•� *a+• ��..�,x.
�. � � .''',�yt�at�"s"+'i�i,'J�Ns57*as. '�a�;•�,a. r�" -�~ `�•u• r�?�K+'���+•'Y-�w;��c .,,� vw. sa°r�.�tnl�yx� y s, ,� "9�'' y,•*.
_ �`r .A+x, +w "'"-'ii+I..�+°�"�'.+Yk�'sy'.C'C7 i+"`i't�.+i.� +?�1�"i•,`4�?,:%',rt
''t4 � .v'� �" �.j" ...11��`'¢Mv�.�t'af!`K`7^r��"" '."P'�_ + ,�`"✓'1�„3�+a'��.�`'� ��l ��e�_��'�x"�+' �fsy
i��.`;+}'.G a[..�'Y_°x+°7-�•..'4' 3F ^s-,..°.�T��{�'��'7'a�.'°�.M.. �"�.'W �.�.�'��!.?.•T,^�r'"�vr"xV.�f �f~Y�.J�sa�z8 'a�'rP ,. A��1�+K3 �
t�:Mq�� � +/','i�3 JM�C .a�r'�+n'dy,'�� �^.��R' j. .✓,Z"'.-tSI' + .Z"�2-v. „cL!'�.+✓�...:Y ^uJ�Y�y, R�'4.'Y4.,,7� ?1�
_ Stn.e of Cellrorwe- The r4asourcex Agency
DEPARTMENT OF PAnK5 AND RECREATION
CERTIFICATION OF FUNDING
FUND .` tcate vea-ch ar3,: I:ecrecitional ran-.,
CUN TRACTT NJMBER
`�V T't;^torjcol acJlities r'und nf: V-74
AMOUNT OF THIS ESTIMATE APPROPRIATION
. ro Jpct 30-0
0Ir a 3, S'l:�t-� C i�an.� r:7•x'
UNENCUMBEREDBALANCE ITEM 1 CHAPTER STATUTES Fl5CALYEAR
_ !�. �, 17" Z, r22 �� 1 LJY517t
AD,.INCREASING ENCUrl- FUNCTION
BRANCE
ADJ.DECREASW5 ENCUM- LINE ITEM ALLOTMENT
BRANCE .10r75 SG27` £(r
3 -
I Hereby Cei' ,!upon my own psrso;.sl kn -Aledge that budgated funds T.B.A.NUMB!- H.R.NUMBER
are available for this encumbrance. �_�
SIGNATURE OF ACCOUNTING OFF4CER �aie
DPR 526(6/73)
+':i+?- �.. �i*.-•;r..2. y4^^.r-.. •ce:e�ry M�.e rt ,.dr f.•y,,r,.i,.R ,.., r,n,r�', t +:.y,.,,,-,..a,,,,,r, r`"K•yayyy>r..,>v:. w} „K '.44 ;.
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- ��....'�.r++n-r "�'.+` -+�I- _ .+.°.••-.r-uw:nn-,.rr+..•r..�r...�.�n�r.....-.•,.r...-.,....�rm.�.r..++-.r.��.-.x+
..mot a.�.7'�, �...y,Tvw+a�'•,+�ria.`�'a..J�M .. .:°..-.�w.�w.•+..+as.«.c'. ``.nsw,. al-.-•^ 'nn.'ti.$ w:'•i..�..+".:,x`�`a'w mC'"`' tii_..r'� tiw ,••-arn:�„+,_..
-zyn.,..?`y ..,o......+.t y�ri,.,.:I'ha• ��..w" .s .;t. w �..+«�^�+L �.w.���h'�.,+. r'7i°rt^°Nq .�.t^ - .a=^' �. +., ..�.rt � x :�a
a '
STATE OF ChLJFORNIA—THE RESOURCES AGENCY _ EDMUND G. GRGNN JR., Governor
DEPARTMENT OF 'ARKS AND RECREATION
R.O. M 2'
SACRAMENP�:)
95811
(916) 445-4441
March 9, 1976
D �. � VE DD
�
PPP r, 1976
Mr. Floyd G. Belsito, Executive Assistant U'( OF 81EA
: C1J
City of Huntington Beach AN-Jif!fST[kil'YEE OFFICE
Post Office Box 190
rfuntington Beach, California 92648
Dear Dir. Belsito:
Attached are five copies of w7, amendmeut and a copy of a sample resolution
for the Central Parr Project, No. 30-0016. Please have your City Cocmc.il
pass a. resolution, per the sample, and return it, along with four signed
copies of the ameni-aent, to my attention.
In the meantime, the material you submitted per your February 20, 1976 letter
will be processed. upon receipt of the amendment, we can also process the
payment request ;:or the acquisition part of the project.
If there are aay questions, please do not hesitat, to contact me,
Sincerely,
Wayne H. chug �t
Park and Recreation Spec 1&"fist Z
,attachments
516
Y
a
4
RESOLUTION NO. 4224
A RESOIXTION OF THE; CITY COUNCIL OF THE CITY
of HUNTIN,TON BEACH AMENDING PROJECT AGREEMENT
NO. 30-0016 BETWEEN STATE OF CALIFORNIA AND
THE CITY OF HUNTINGTON BEACH
WHEREAS, the Ci y of Huntington Beach and the State of
C'r_ilifurnia entered into an agreement No. 30-0016 on May 30,
I 7 :,; and
The cost of acquisition of subject property exceeded
tht, allocation for acquisition in said agreement,
NOW, THEREFORE, the City Cou,acil cf the City of Huntington
!,,each hprebir authorize the amendment of said agreement to
increa:>e the allocation for acquisition of subject property
`rcm $405,G00 in the original contract to the amount of
Z'+ly,UO(?; ara to further amend the agreement 4o provide a
i iml nui.io r in the amount of funds. allocated for development
�,"p :,ubjec.t property from $91,9214 in the original agreement
t.,w am_ unt of $80,044 as specifically set forth in Exhibit 1
f.rirh l hereto and incorporated herein by reference.
.E I`" FURTHER RESOLVED that the City Administrator, the
irt,:i the City Clerk are authorized to execute said agreement
r: u,:. .alf cIf the City.
PASSED AND ADOPTED by the City Council of the City of
i :nt inr zort Beach at a regular meeting; thereof held on the 19th
a, --If April , 1976•
A T Mayor
-- C 4 ty Clerk
APFR(iVED AS TO CONTENT- AP AS T_a,FOR
iILy Administratcr City Attorn
APPROVED BY 'NITTATING DEPARTMENT: NO FISCAL IMPACT
FISCAL IMPACT- NOT BUDGETED�.
REQU RES PINAil(CIA' iMPACT REPORT-
{
. Ices tI. *224
b
STATE OF CALIFORNIA
<<< UNH OF ORANGE ) gs
CITY OF tlUNTING'TON BEACH )
1, AL ICIA M. WEMORTH, the duly elected, qualified City
Cieck of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certi€;r rbat the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passrd ansi adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 19rh daffy
of April , 19_76 r by the following vote:
AYES: Councilmen:
Bartlett, Gibbs, Coen, Siebert, Shenkman, Pattinson, Wi.eder_
IJOES: Councilmen:
None
ABSENT: Councilmen;
None
City Clerk and ex.,-officio Clerk
of the City Council oaf the City
of Huntington Beach, California
+ . A
STA. C of CAMGk+-:A--i'4E RESOURCLS AGENCY EWAJN� G. BROWN RJR., Guvcrrnr
DEPARTMENT QC PARKS`NI REKRE TIT June 3, 1975
r �
SAC.tAbiEN10 95811
�1
}
CITY OE HUNTINGTON RFACH
14r. Norman Wcx.hy
Director, Parks & Recreation Dept JUN 5 1975
City of Huntington Beach
P.O. BOX 190 RECREATION&PARKS DFFAF TMENT
I1untingto'> Beach, Ca 92648
RE: Central Park #30-0016
Dear sir. Worthy:
You will find enclosed for your files, one copy of + fully exCcuted project
agreement >_or the above PrOject(S) under. the State. Beach, Parlc, Racreati.oaal
and lli,;toric_cl Facil'i.ti i 11on;1 Act of 1974.
Ple2-�e note your oldigai:jon to submit 7cq lisitYrll docui-aants p ud/or develop-
n1e, t l:leus and sp^ci.f±c:.tzons i..., Chas l; :pre; t T*:r_1tt fo rrp;r,�r�zl prior. to L:f, nnifz0
negoCiafAolis for land acgif:iji.ti.on rnd/ol, project cow-:tructiou. Also attached
is a lditional acgt.i.ci t i.ea infori-aacion for your use,
The Gnuits and St'aceb7:'.de Stud:Ics Division is al-.,rays available for assistance
wit. your project-.
Since.raly,,
&,,-
ottor4 F. Bauer, Assistant Supervisor
Grants hd-fnistratifgn Sectiol•,
Attachments
N-1/3
i
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State of Callfornia-The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CERTIFICATION OF FUNDING
CONTRACT NUMBER I rUND,^,L 1 ocreil'tianaa? and
?r1�j r.. ll'c fl i '•.?7 � ri[L !tJ nP r1ind of 1974
AMOUNT OF TH IS ESTIMATE APPROPRIATION
IJNENCUM EREDBALANCE ITEM CHAPTER STATUTES FISCAL YEAR
r3r C)tl,'(.00 IT.?A 17' r^? 7,1
ADJ.INCPEASING ENCUM- FUNCTION
r r BRANCE
ADJ.DECREASING ENCUM- LINE ITEM ALLOTMENT
9RANCE
I Hereby Certify upon my own personal knowledge that budgeted funds T.B.A.NUMBER B.3.NUMBER
are available for this encumbrance.
SjGAIASIJRE O ACC TING OFF ERDate
�//, /s
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DPR 526(6173)
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. .c4
• STATE OF CALIFORNIA CITY OF HUNTINGTON BEACH
Resources Agency
Department of Parks and Recreation JUN 5 1975
F-iOJECT AGREEMENT
STATE BEACH,PARK,RECREATIONAL AND HISTORICAL FACILITIES RECREATION&PARKS DEPi1f T6"ENT
BOND ACT of 1974
Projec'Title Central Park
Applicant City of Huntington Beach Project Number 3o-oo16
Proiect Performance Period �2f,¢ bf Av ;xl_�o�sT,lnf}^j�1�_Lg�7u
Description of Project(and purposes for which grant moneys were requested{
This project is for the acquisition and development of the 19.54
acre Su.,ly-Miller quarry which is located in Huntington Central Park..
W[Len fully -developed the area will contain 15 campsites (trailers),
25 tent sites, restrooms with s11o::rers, and tables and benches for
picnics and get=togehters. Facilities will also include sewer-5 and
drainage, plants , shrubs , trees , walkways , parking lots , lawn areas,
and electrical underground lighting.
The development portion of the 1974 bond funds will be used for
grading, sewers and drainage, electrical underground light standards;
and engineering.
The acquisition portion of the 1574 bond funds will be used to acquire
the 19.54 acre parcel.
Budget Act cf 1974 as amendeq__by Item Number 412A (179)
Ch. r522 atatut s of a�5 3 74
1. Allocated for acquisition�y"?�470�5_Lv
2. Allocated for development 91,944
Total State Grant not to exceed 5 496,944
The General and Special Provisions attached are made a part of and are incorporated into this Agreement.
1
City of Huntington Beach
t Applicant
i i
Title City Administrator
Date_ STATE OF CAL'�OnN1A
,y DEPARTMENT OF PARKS AND RECREATION
I By
Title
Date _ _ _ .__. Dat@
I t
OPR 463(91741
b
STATE BEACH,PARK,nECREATIONAL AND HISTORICAL FACILITIES BOND ACT OF 1974
Project Aa=cement
Special Provisions
General Provisions
A. Definitions
1. The term"State"as used herein means she Cuhfornm State Department of Parks and recreation,
2, The term"Act"as used herein means the State Beach,Park,Recreational and Historical Fatalities Bond Act of 1974
as amended,
3. The term"Project"as used herein means the project which is described on page i of this agreement.
4. The term"Applicant"as used herein means the party descrebed as applicant on page i Of this agreement
a. Project Execution
1. Subject to the availability of p snt moneys in the Act, the State hereby grants to the Applicant a sum of money
(grant moneys)not to exceed el"e amount state[[ oa page I m consideration of anJ on condition that the sum be
expended in carrying out the purposes as set forth in ttm4 Desatptton of Protect on gage I anti under the terms and
conditions set forth in the;agreamrnL
Applicant agrees to assume any ebtigation to furnish any addirrnnat funds tt'.at may be necessaty to complete the
Oject.Any modification or after,.mon to the prajett a,set 14'rTth m the:aplrcaucin on file with theStnte must be
submitted to the State for approval prior to disbursement of grant money,,.
2. The Applicant agrees to execute and complete the Project m accordance with the timc of project performance set
forth on Page 1 and undo. the terms and condiltons of this agreement.
3. If the Project includes development.the development plans and specifications shall be reviewed and approved by the
State before construction is commenced
4 The Applicant shall secure comp`etion of tt a development ..ork in accordance witn the approved dwelnpment
plans and specifications.
S. The Applicant shdll pr,finet periodic site visits by the State to determine it development work is in accordance Ath
the approved plans and s,ec ficattons including a fmat inspectton usx+n Project completion,
6, All significant deviations from.he Project shad be submitted to the State for prior approval
7. If the Project inciudes acqutsttios,of teat property, the pvrchase piece lot such rebt property shall be detemminal
from a State approved appraisal report prepared by a competent aepraiser or through proceedings in eminent
domain.The appraisal report and qualifications of such appraiser shalt be 4ubmitted'or review and approval by the
State before initiation of the acqusrtionprocedure.
Applicant agrees to furnish State ptelimenary title reports respecting such teat property at such other evidence of
title which is determined to be sUffecit.nt by State Applicant agrees.n negotiated purchases to correct Fier 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 ire Conde tnatton actions such title defects must be eliminated by tee final judgment.
S. Applicant in acquirinD real property,the cost of which is to be reimbursed with Grant moneys under this agreemer.r,
shall comply+meth Chapter 16 lcorrnnencing vttth Set;tion7260)of Division 7 a1'Title t of the Government Codc
and any'applicaola federal, state, or local laws or ordinancins.Documentation cf such compliance will be made
available It:"review by the$rate upon rerl'atnt. r
2 ,
k'
i. PraiectGostt
The grant mone:y<to be provider!Atiplic int tinder this agu"'T lent;hall be disbursed as follows
1. If the Project inciudes ukquisnion of real prcovity, Pre State chaff dsst,urse to Appbcow tltE grad moneys a,
follows,but not to exceed in any event the State grant amount ahnrarod for act,.imi.on as set forth on I,'frk,1 tit
%his agreement:
a. When acquisition is through negotiated Purchase,anon close of esrro.ti,State wof doh,r,e Ili-arnn Inf of the
State approver purchase r.ric-tngethr•::vfth Stale approved costs of acqu.solorl
b. When acquisition Is through proccrdings ,n ern,nent dum:nn, St'-le will ti,5huese 11w t,no,•L<,t ;d I•r hotel
award as pro•"lded for in the final order of condemnation together With Stole at;travrfl costs of a,nut"tion
C. In the event Applicant altandors such ern rent do•nain proci=edntg5. AV;,!;,-ant agrf,ps to in:tl ali<;:,:r,.in
connection therewith a'id that no grant moneys shah he disbursed for such costs
2, If the Project includei. rlevelopment.attc• approval by State of Applicant's pfan.s and spec£friations anr! after
completion of the Project or arty phase or trout thereof,State shah dfehurse tc Apphra t opts.rtv:ri3t an fir pteai
by State of a slatenwrot of-Barred rests front Anpl,canr,the amour."of 5,twi1 ant,roved of-r;eaf coo..,,r,uiran„t,
such statement, not to exceed the State gran' a,r•wml dfln 8lo•S 'rye =jevrlq(�ml'nt- it,o forth Dot k'agr I r,f :1,,s
agreement,or any remaining pottron of iurh chant as,rount fn the CKt„nl Ui• ft fit.its.e•It "aIP foray•1-, i jl r.tt'
to f30%of the State grant amount alictalrd for r on clopn,:ni aS =t:n,,•I on t`=ae I of ih,s aCr,ernew.uron w(i,fn
and approval by State t.,f a statement of e5t,ni.11etl cost;lr>r,t Ani,t<can; Ali n:nnnys :,
remain property of Sta-v until expevmod for prole.•t}imposes
The statements to Joe suf7mitwo 1)y App:cant sfiail set forth In ,1010 if',, .n.torn^,f I'll $>Iir,a',rrt r 1.11 Or 41="k
perforated or to be perfglrmd on deveto:,rient of the Project a:,d ctirlCllwf t:P,rnf1 t:,cs svtit hP t,V I I t:t,.:.
contract or by force ocrncinr. Statenrenls shalt rt=)t lSe -I mnra flr;t:refl'y t ,n mt.ery clay trrr,
oth,rwlse requested by State.
Modifications of the dfvii;0polent Wail trod -h.kt ranst tn=a£tt,ra e i t)y St;ro; ,o,of to ir,y 3,^ at,-i• tr;,n=1:-
State approved Flan anti-;rtlert.le.
n Project Administration
1, The Applicant Shall pro^iptty sixfrol such reports a,,tim.."t
In any event A rplu:am .`,all pt,w,otr°r..ttr, 't or,-itt,rt shore,q 1,.,w 1...,tl Pfirtgt=,t f hires:•: i:r.i,+>qot v. I:,A
other moneys PX','441dol Vv1h 11•.ax Iy tt..'p 11a,- allot I;nert,'rnon of t' "I.,
2, Property atilt (tty,tlt.e5 i.c:ft,l if i."it fit t?4'l':if)r'x<S p, it) th,t tt,"e.lnew t,i,i Ire J,c pf.:.)ff 1 , t_,-+, 1`v
State upon tef;tiCsk.
3. Tt e Applicant shall use any ninneys,1Jvelns.xf by li;p.Stale a""I"I the wfin".,A fhls. fr_ar,.,.v ,1'.�ty!u, 1i.,i
he:etn desr•ribetl.
4. If grant moneys are at-';r nenft,,hi AUphrwo ,.hiiki pltcn Stich'friwir,a It,,+5e1*a-AP I +Nt'§ttirai•,k;? ;ktnt,,.:Itmr
Lip and tdentifycrg Sucil a-counl pngr Ili She advance. 1rs9ie•,t I•atn i cn giant nlaney'S adrant,,, moot cant to tfu5
agreement shall he f,.tt<S sn:''t,in It f}ra',I moneys are act an.Pd s ii`nn(exi7e,tttet£.tie portion''themart
shaft he,tetuttleft to the Stall:imrliw 60tf,fy,el,t nmt;i{',u,n of the f'rnj,ft-i art Plot of the ProlrM i,elfrr,-tram c,oi I.It
whichever is earl=er
5. Gross inCtlnte that is 4arned 1,q 1tJ`.1pplif--I it frC.n,<t,"tale.KTV.10vaA no:. nn an A,,r JVAI"..,to nrzn'C,
subsivItient to(along fill"Icy ow Aiq"-L:;..,t,vw, I,n`US". 4y p.P Ili trails„t for rt"wargta,tt ptufin+e3 a,chit tkrJlett.
E Project Termination
1. The Appicant n,)y stnil*ral'y at•.""'q aul MI( ill aly,once:l,r-I 11, it, ,"toil, Yn ni F,-to, Aft,Iz
Project ConYttienc Cn,snl t;ti.itgrr k'1E fit. ,t'.av<-'f*it 11'11 In 311 t 1,j nr.rrlett f,'f f".,4n"9 tat i'tT et.n,1 •I,:<f'I,nn.♦,
protect AhJIf be deenl'o em"'t, for•t victim the lips,,t•d,N n,.tkl. .rY.y avt,.atri.ft,fp
moneys Ur incurb.drty col elation a i'6 f-,}t,1 tit In:,
2. Paduree by.Tile,Aprlic ant to:.,1oviy 4w•(f.ttx,lv"r;: :of an dq,a,2rnr?a1.`.r<tl y.,41wr,Iktt pPmt•rit t f W 01. 1:II tiv I I,
cause for-uspirtision eat all nbinjaiiom of till,oi,fln pert=..under
3, Failure of the Alflph rant In toor,,,ly toth the wmis,of the.x rretrrnt r,tit-,ra tie Gaols hni'the stfst,ensrn:=or a'd
obligations of the!Stall,lttaneundn, if,n th,a ludgrwrit of theSkaie surh f,ahrru wasdup to no fiaaft Ut the apphtant
In sudi case,any orrrnunt rt etuuPd to •r!t11ti.lt mallmurn coat any ut"itfacahle ohligahons nfoprrly nmim.of sh+'itf l7L
eligible for terntt ursen,nnt•indt•i flits owenm¢nt
4. Because the benefit to he danved by the State, from tine tt 11 Cwnpllanc^by the App!icam with the tftnr i,f tilt-
agreement, is the prescrvJl,nn, protection and VOL Increase m III, q,)?nrtiy and ouattt;of hr.tir.he;)+arf.:,}.. :,
outdoor recreation facilities and htstnricat resources aviulabie to il,tt people of the Stair.of C,,h(nrna an,t Istrr,)r%t
such benefit exceeds to no imineasurahle and unas'_ertatnable extent the,w,,,,tit or mnnry furnishe,i by fir,
1>y war of grant mnn.;ys under the terms of this agreement,the Applicant:,ernes that Pdvintrnt by 11 Arobtrc-inf,n
the State of an anlount equal to tilt'amount of the,giant moneys disbursed under this agreement by,he State woidil
be inadequate compensation to the S+ate for any breach by the Apulicant of this agrerment.The Anpi,t,yni fit:if,.
agrees therefore,that the appropriate remedy in the event of a breach by the Appl v:ant of tn;>.�,trpe•pi ni 0"M E•e
the specific performance of this agree nent.
F. Hold Harmless
i. Applf^ant hereby waives all claims and recourse against tile. Slate includang the rgPt to vontnbultt•i,`nr to-.
damage to persons or property =rising from, growing out of or in any away cont,ecicd with or in^-!r„1 :n ir.,s
agreement except claims arising from tile concurrent or We neflligrnrr,of Stair,its officers,agents.an,f=tnptoya:,
2. Applicant shall indemnify, hold harmless and defend State, its officers,agents and emvleye•^s t.("JJrJL t nlr.+ r j1,
claims, demands• darnages, costs, expenses or hibdity Costs arising oi,l of ih:, awa.nsiuon, r:e i ir'n ^+"
construction,operation or marttenanco of the pret)etty described as the Project,vh,ffl vld•mS,deimeri)s or c r.l if
action arise under Government Code S,tciion 895.2 or otherwise except fot habd,ty at ^y nor of Ib^
soI, negligence of Slate,its officers,agents,Or employers.
3. In the event State is named as codefohdem under the provisions of Governr)ent Code S,r-tic t Ft^>.t• rr-., ,tr„
Applicant Shall notify State of soil)) tact and shall rpmeioni State ut We h+ya),t:nf t „,li.: i-t+
represent itself a:;codefendent in such Iegal action ill which eveni State%hall belt Hs own hnn ),r,:ry �r=•:,
and atioricy's fees.
4. in the event of judgnlLnt entered against Stairs and ApPncant becaw,,of th,r tcnzurrent neg"igeni=,nt fttA,.,�d
Applicant, their officer;,agents•or cinploynes,an apportionninnt n1 iiahility in:+ay
a court of competent jurisdicnon.Neither party shah request a fury anportianIP,rlt.
G, Financial Records
1. The Applicant shall nidinian•caN '.dctrry firlwir ial acrminc;, docurit-nis anif rera,(k for n•t pr wc,ai._, ',r:
them avanablit it)iheS.)c.for a+"liyu g}t rel:UL`dbie hn)TM. Fuch ariv ints,?)^ itm,rr d .I I b: rr
by theAjiplicant for three years fr)iluwr,g prr^i .t te-miol,on or rnmptet nn.
During regular otf,c^,hov,g rack of the part—,harrto anti trea drily a;;lhom^d"fit) r„lit,vt,31;4
to insl)G,;t and rnr,ke rq w., .)I an,, bon.,, r.)t:[rds n, rrpotl-i t)f )lie olhir rnw;y
matt,..$relater) therew App,want .hd11 oulml:nn a:,,l"rake awn f;-6lr for inspect,:)"I,, ;tat.!
of its costs,disbunnni;:mn re !ir;r;Iit)ts c,1111 10 i"I to 115 actrerl,v5 uo,ler ihrt a�rpen):•r.t.
2. The Apolicant may n%a arr/ 9,,nrr,ti)y arcrplp,f BC^ountrne w.11"n rrovuled '11-h r.yhiArn nine,, ,,I, r,,,,,-•..,IT
requirements as mayoe e.taplshn,l I r,t;A'te
H Us2 of Faculties
1. Tire property dC HillPit nr .1 wuh(It)tit under thr, "I I-,!*umt sh,lit t,,,wl,I-,,. 1f r
the purpnwr for wh.ch the:)tote fir.tnt money,%+ :U renar'lerf.+:+,f n,, o1b,", of Pr•au .n n ,
except by stimfie act ul the I
2. The Anpiieant Shah wrthocio I. TO aide ooeriic end m iintaw th• to aI I ,a,,used tit d,,,moptu ote,a tot
dprearrlenf in the manner anc,a,:cor"ll:1 to lbe mlllda)da arr eptowe I,:iratp.
I. Nondiscrimination
1. The Apnitcant shall not,fi"antn`te ttq-unst arty pen.tla on flip I.t,-.„f sp>:.,r,trr,c"!IT.of 11+un.o 7[u;,.u)'I
of any properly or far;rt ty:;comri,ti o,rlritelaped pun:Cant In flit agreement.
2. The Al)trlir..art shaft to t ik,,.im n its ,q.,,w I ,iny ;u•r ec:n r n th of r>14 Wv,r "Ve.r•r 1., t'„ :a '!+;,
rpasanabfe t)fffetrnrr.,u)adms6a)n nr.ill-Wr fwr".ntey bo en,,$mined no the i),',,v tit It-I.+..r,:p •ort;„r:,r),,to I r..
4
AP 111--+0_71-31s�
ReCOP-rG R£OUEST 28615 116359 351.
r RECORDING REQgFSTED 6Y
EXci14PT CHICAGO TffLE INS. a
Aao wwaw waax:oo,roan a..,t.to R=RC D IM 0FF3CfA4.RE=W0128
�oRAPttiE r�llNTY,DAt)fOlRibFR
City of Huntington Beach 40 Z10 l� JRR3€y1�f8
P. O. Boy: 190
Aar" Huntington Beach, CA 92648 LWngCMntCatsty beaft
of a LAttt F. G. Belsito
St+ACR ADOVE THIS UNZ FOR RSCORDEWS.USM---^^
d>i\Salt p>Rl.iMF 10
-� This document is solely for the 1
New. City Clerk official business of the City
b r City of Huntington Beach of Huntington Reach, as contec-
" w P. O. Box 190 plated under Government Code
aw a Huntington Beach, CA. 92648 Sec. 6103 and Should be recordee
L J free of obarae,
D.T.T.a..
Corporation Grant Deed
TO AOe CA,Taal TNIS FOSIM FUrcAIRNiO BY TITL[INCURANCL ANO TRUST COMWAmY
FOst A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
SULLY-MILLER CONTRACTING COMPANY
a corporation organized under the laws of the slate of CALIFORNIA
hereby GRANTS to
CITY Or HUNTI.NGTON BEACH, a municipal corporation
the following described real property in the City of Huntington Beach
County of Orange State of California:
AS described in the description Sheet hereto attached and
hereof bade a part.
SUBJECT Tn all covenants, conditions, restrictions and easements
of record.
APt'ROVEP AS TO FORM.
DOY F. BONFA
City Attorney ol
uyC �� v
In�riYttc;s Whemf,"Ad corp.'rntion has caused its corporate name and real to be aMaed hereto and this inuru-
raent to he executed by W4 _.President and Asst, %cretary
thereunto duly authorized.
Dated- Januaryz 197 �1Tt.T.Y M7T.L• r. rnafpa�ry
5rATl;OF CALIFORNIA By
COUNTY OF LAS ANOL>;S ,,,,,,,,_ SC 1'mideIt
Os .Jariggry 29 1976 _ before mt.iltt uneer- By +
signed,a Naary t•uh)ie in and in,Bald State,prteonaiby►ppeered p"$®t+Secrr.Urry
A. dt. hiacf revo known.
to sne to be the Preaidrnt.and
R. R. MUltro known 10 rue to be
Assistant_ ocrelAq of the L'Arparmlon that exe trd tht
within Iudrument,known to me to be tht persons who exmined tht
within Towumect on behalf of the Corwadon Ile rp n named•ad wYw+a.b+wr♦w�yvrs♦♦.w.bs w.
■ekntrdlodgcd to 0*tlut bocit the wltWo.Instru Is OiFlGAL OFJtI s
uxne pnrbuant lylaw>or'a rt )oa of its M,ard of dirrdors..
W17NESS my an xnd o�, �� DONNA K TEP P ERa NotMYptetC- IA se u fklNCtpAL 07fICE it(
ea Signature F'a�""� ♦ t09 AtJOWS WUWY t
Ay GotaFIuW fxpita Muds i,1977 s
_DO9NA,M. TEPPE$ oaa♦as+erx�i�aaaos♦s•>a*sas��s�
`-- -.
:iytnc Cl�prd ar}'rlutedl tT�aw.rw•art sw.ett.»>U •.
it de Ordrr No _ _.._.,,`Escrow or Load No
"t TAX STATEMENTS AS DIRECTED ABOYE
352
LEGAL DESCRIPTION
The East half of the Southwest quarter of the Northwest
quarter of Section 35, Township 5 South, Range 11 West
in the Rancho Las Bolsas, in the City of HW tington Beach,
County of Orange, State of California, as shown on a map
recorded in Book 51, Page 13 of Miscellaneous Maps, records
of Orange County.
E.,>CEPTING therefrom the South 20 feet for roads, aqueducts;
ditches, pipes, flumes or other conduits for water, as set
forth in the deed from The Stearns Ranchos Company, recorded
December 12, 1900 in Book 43, Page 193 of Deeds and as re—
served in subsequent deeds of record.
SAVE AND EXCEPT AND RESERVED UNTO GRANTOR all oil and gas,
hydrocarbon substances, geothermal energy and minerals,
except sand and gravel, below a depth of 500 feet from the
surface, but without the right to use the surface of said
land in connection with the exploration, development or
production thereof, provided, however, the same shall not
be construed to prohibit slant or directional drilling
operations or such other operations which in no way use
or affect the surface rights of said land and which co
not enter said land at a point less than 500 feet below
the surface of said land.
XI
�r IT;1 OF HUNTINGTON BEACH CA 76-4
COUNCIL - ADMINISTRATOR COMMUNICATION
HUNTINGIGS, RAW,"
To Honorable Mayor and From City Administrator
City Council Members
Subject PURCHASE OF SULLY Date January '14, 1976
MILLER PRO' ERTY--
CHRONOLOGICAL LISTING
OF ;VENTS
December 7, 1970--Resolution No. 3248 approved by the Huntington. Beach.
City Council or submission of an application to the Department" of
Housing and Urban Development for an open space grant totaling $607,898.
December 14, 1970--Receipt by the City of Huntington Beach of a letter
to proceed with negotiations from the Department of Housing and Urban
Development.
March 22, 1971--Letter of inquiry by City' s appraiser (Robert Bowdle) to
-gully Miller concz-rning operational costs at the gravel pit.
April 29,_,.1971--Copies of preliminary title report sent by the City of
Huntingtoff' Beach to the Department of Housing and Urban Development.
May 1, 7971--Receipt by the City of Huntington :leach of appraisal of
said by Harrison. Baker and Associates. The property was
appraised at $581,700
May 13, j.971--Receipt by the City of Huntington Beach of an appraisal of
su 7ect property by Bowdle, Booth and Drumm_. The property was appraised
at $516,870.
May 14, 1971 Submittal. by the City of Huntington Beach of first appraisal:
Of Sully Miller (Union Oil) property by Bowdle, Booth and Drumm and
second appraisal of Sully Miller by Harrison Baker and Associates to the
Department of Housing and Urban Development -or their concurrence.
June 18, 1971:--Receipt of answers to appraisers inquiry from
Sully Mi ler (Union. Oil)
July 16, 1971--Notification to City of Huntington Beach of grant approval
y t e Department of Housing and Urban Development.
Ju�ly _2�6, 1971- City of Huntington Beach sent the Department of Housing
an&_ Wrlian Development completed copies of required HUD form 274
October 13, 1971--Receipt by the City of Huntington Beach of the Depart-
ment of Housing anal. Urban Development's concurrence on Sully Miller
property of $550,000.
October 18P 1971--City of Huntington .Beach sent a copy of HUD's concur-
rence to 'uily Miller (Union Oil) . ' .'
CA 76-4 -2.- January 14, 1976
March 9, 1972--Receipt by the City of Huntington Beach of a letter from
Union OIl Company indicating the City's offer was not acceptable to
Sully Miller.
August 23, 1972--The City of Huntington Beach submitted HUD forms 6501
and 6502 to t e Department of Housing and Urban Development.
September 14, 19'72--The laity of Huntington Beach received an unexecuted
contract from the Department of Housing and Urban Development for the
City' s execution. It should be noted that a contract was not tendered
to the City until approximately fourteen months after the grant was ap-
proved. The primary reason for such a delay was due to the fact that
there were problems in clearing tie title to this property which required
some extensive legal investigation.
C-tober 2, 1972--The City Council of Huntington Beach approved Reso3ution
No. 3581 executing an open space contract with the Department of Housing
and Urban Development,
October 3, 1972--The City of Huntington Beach forwarded the executed
contract Tact to HUD.
October 3.6, 1972- HUD executed the contract and returned a copy to the
City ofHuntirig_ton Beach.
June 8, 1973--The City of Huntington Beach met with representatives of
Union Oil and Sully Miller to further discuss a. negotiated acquisition
of their property. Because of Sully Mill.er's lack of preparation for
this meeting (they expressed a value of $' ,000,000 on the property, how-
ever, no documentation was prese,ited to back up this estimated value) ,
it was agreed that the City would recontact HUD requesting an extension
of time on the contract. If this could be given, the City would notify
Sully Miller, at which time a decision would be made regarding an additional
appraisal.
August 6, 1973--The City of Huntington Beach contacted Congressman Craig
Hosmer to request his assistance in having surplus funds from the Hunt-
ington Central Park, Phase II transferred to Huntington Central Park,
Phase IIA to assist us in acquiring the Sully Miller property.
October 1, 1973--The City Council in its Executive Session authorized
staff to proceed with negotiations with Sully Miller and to offer a
purchase price of between $600,000 and k650,000 and if not acceptable,
to proceed with condemnation, and an extension of time from HJD.
October 2, 1973--Appr6val by the Department of Housing and Urban Develop-
meet to c --isolidate all open space grants involving the City of Huntington
Beach including the Sully Miller parcel.
April 3, 1974--Communication from the City of Huntington Beach to Union
oil Company Yndicating that HUD has requeste- the City to obtain a new
49 appraisal of the Sully Miller property because of the passage of time
since the original appraisals at which time the City would then reinstitute
negotiations with Sully Miller (Union Oil) for the purchase of the Sully
Miller parcel.
Ask
CA 76-4 -3- January 14, 1976
April 22 , 1975--A letter from the State Department of Parks and Recreation
indicating tit the City of Huntington Beach would be receiving $496,<944
as its prorated share as a result of the passage of the State Beach, Park,
Recreational and Historical Facilities :Bond Act of 1974. The project
identified in the City's application to the State was the Sully Miller
acquisition and development.
April 30, 1975--A letter from the City of Huntington Beach to the Sully
Miller Company (Union Oil) indicating that the City is anxious to re-
institute the negotiations for the acquisition of the Sully Miller parcel.
September 19, 1975-- Letter from the State Department of Parks and Rec-
reation to tNe-City of Huntington Beach indicating that the revised. ap-
praisal prepared by Mr. Harrison Baker indicating a new value of $690,000'
for the Sully Miller parcel was approved.
Based upon the approvals of both the Department of Housing and Urban
Development and the State Department of Parks and Recreation, MT. Belsi:t-6
negotiated with the Sully Miller (Union Oil) people to acquire their
property at the appraised value. The only finds to be used for this
purchase will be from the Federal Government and the State Government
and no City funds will be used for this purchase. A significant kei to
this acquisition is that a lease agreement has been prepared which will
enable the Sully Miller people to continue their operations for 36 more
months. They have agreed to pay the Ci::y of Huntington Beach $10,000 at
the outset of the lease and $1,000 a month for the next 36 months. These
funds will be placed in a special trust account to be used for development
of this parcel at the time Sully Miller evacuates the property. Also,
Sully Miller has agreed to relocate its operation at the conclusion of
its lease with the City at no expense to the City.
This chronology is an attempt to update the City Council regarding the
lengthy procedures involved in attempting to acquire this property. Be-
cause of the fact that there were considerable technical problems relating
to the approval of the lease by the Federal Government and the coordination.
of the funding between the two agencies, that is why these negotiations
have taken such a long time to reach fruition. It is with pleasure that
I can now report to the City Council that we are now in a position to
consummate these negotiations at the January 19, 1976 Council meeting.
Mr. Belsito will be available to make a presentation to the City Council
and attempt to explain in detail many of the problems we have encountered
that would be difficult to put down in writing. I feel the City Council
should be commended for giving Mr. Belsito this authorization to acquire '
this property and it is my feeling that this particular property will be
developed into one of the most intensely used areas of our Huntington
Central Park.
Respectfully submitted,
David D. Rowlands
City Administrator
DDR/FGB:p 3