HomeMy WebLinkAboutAccept and appropriate funds from the State of California Na o
�d CITY OF HUNTINGTONPEAL11
Interdepartmental Memo
701B FEB -2 PH l- 56
OF
TO: Honorable Mayor and City Councilmembers , .,CITY
FROM: Antonia Graham, Assistant to the City Manager
DATE: February 2, 2018
SUBJECT: Supplemental Communication for Agenda Item#5—Accept and appropriate funds from the
State of California Natural Resources Agency Department of Parks and Recreation for the
Central Park Trail Rehabilitation; and, authorize execution of a Deed Restriction
There is a correction to the Financial Impact and Recommended Action sections of the Request for Council Action.
The Financial Impact section should read:
The City will receive$35,000 from the State of California Natural Resources Agency Department of Parks and Recreation.
The grant has a matching requirement of 50 percent($35,000). Matching funds are available in the Park Development
Impact fund (Fund 228) and will also be appropriated for compliance with match requirements.
The Recommended Action section should read:
A) Authorize the City Manager or his designee to accept grant funds from the California Natural Resources Agency
Department of Parks and Recreation; and
B) Accept and appropriate$35,000 from the State of California to grant account 124845001.82900, and
appropriate an additional $35,000 in the Park Development Impact Fund 228 to meet the local match
requirement (22845008.82900); and,
C) Approve and authorize the Mayor and City Manager to execute a Deed Restriction on a portion of the Central
Park Trail.
SUPPLgMENTAL
COMMUNICATION
WleelthV Date: l sl ids
Agenda Item No..___�
1
Dept. ID AD-18-002 Page 1 of 2
Meeting Date:2/5/2018
re"r"'"'� -;. ray.�upnl�En��'�Tt►'L.Cv�rlmurvl�j�7v�
CITY OF HUNTINGTON BEACH
pu. REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 2/5/2018
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Antonia Graham, Assistant to the City Manager
SUBJECT: Accept and appropriate funds from the State of California Natural Resources
Agency Department of Parks and Recreation for the Central Park Trail
Rehabilitation; and, authorize execution of a Deed Restriction
Statement of Issue:
This Request for Council Action formally accepts grant funds from the State of California Natural
Resources Agency Department of Parks and Recreation for the Central Park Trail Rehabilitation.
Financial Impact:
The City will receive $35,000 from the State of California Natural Resources Agency Department of
Parks and Recreation. The grant has a matching requirement of a 50 percent match ($35,000).
Matching funds are available in the Park Acquisition and Development Fund (Fund 209) and will
also be appropriated for compliance with match requirements.
Recommended Action:
A) Authorize the City Manager or his designee to accept grant funds from the California Natural
Resources Agency Department of Parks and Recreation; and,
B) Accept and appropriate $35,000 from the State of California, and appropriate an additional
$35,000 in the Parks Acquisition and Development Fund to meet the local match requirement; and,
C) Approve and authorize the Mayor and City Manager to execute a Deed Restriction on a portion
of the Central Park Trail.
Alternative Action(s):
Do not accept grant funds and direct staff how to proceed.
Analysis:
The Habitat Conservation Fund (HCF) Program allocates approximately $2 million per year to the
California Department of Parks and Recreation to provide grants to local entities to protect fish,
wildlife, and native plant resources; to acquire or develop wildlife corridors and trails; and to provide
for nature-interpretation programs and other programs which bring urban residents into park and
wildlife areas. The California Wildlife Protection Act of 1990, Fish and Game Code, Chapter 9,
defines the program and authorizes grant funding to local agencies.
The City was granted $35,000 to fund improvements to a portion of the Central Park Trail. This
portion of the Central Park Trail links the Urban Forest area to the developed trails in Central Park,
HB -8)- Item 5. - l
Dept. ID AD-18-002 Page 2 of 2
Meeting Date: 2/5/2018
which lead to Huntington Lake, Shipley Nature Center, and the Senior Center. The trail, as it
stands today, is in major need of improvements.
The grant funds will be used to better define the path of travel and improve uneven surfaces over
sections of the trail. Decomposed granite will be applied over existing native soil. Landscape
timbers and interpretive signage will also be placed along the trail. These much needed
improvements will enhance the enjoyment and safety of those who wish to traverse this portion of
Central Park. The project will significantly increase trail opportunities for Huntington Beach
residents and visitors to experience a passive recreation opportunity in the midst of a suburban
setting. Visitors will experience native plants and wildlife as the trail is adjacent to the Raptor
Foraging Habitat site.
In order to receive funding from the State of California, this grant requires that a deed restriction be
recorded on the title to the property. The deed restriction protects the State's interest in the
property and ensures that the property will be used for purposes consistent with the grant contract.
Environmental Status:
The grant submittal required the preparation of environmental documents pursuant to the California
Environmental Quality Act (CEQA). As such, in accordance with CEQA, staff has determined that
the work for the restoration of trails and habitat do not result in new or the intensification of
environmental impacts in that no new trails will be constructed and no new swathes of habitat will
be created. Therefore, the restoration project is Categorically Exempt pursuant to Class 1, Existing
Facilities, and Class 4, Minor Alterations to Land.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Award Notification from the State of California
2. Grant Agreement
3. Deed Restriction
Item 5. - 2 HB -84-
s
. State of California.Natural Resources Agency Edmund G.Brown Jr.,Governor
DEPARTMENT OF PARKS AND RECREATION Lisa Ann L.Mangat,Director
P.O.Box 942896•Sacramento,CA 94296-0001
(916)653-7423
JUN 0 5 2011
Antonia Graham, Assistant to the City Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: Central Park Trail Rehabilitation $35,000
Dear Antonia Graham:
The Office of Grants and Local Services (OGALS) completed the application review
process for the Habitat Conservation Fund (HCF) Program. OGALS is pleased to
inform you that the project identified above has been selected for funding, contingent
upon inclusion of the funds in the 2017-2018 State Budget. Congratulations!
As an HCF grant recipient, a representative from your agency must attend an HCF
Grant Administration workshop to learn more about the HCF contract and grant
administration process. Workshop attendance is mandatory prior to receiving a grant
contract. Information on the mandatory workshop will follow in a separate letter.
The contract performance period for this project will begin on July 1, 2017. Do not
begin project work until you receive a fully-executed grant contract. OGALS will initiate
a contract and send it to you for signature after the State Budget is enacted and the
mandatory workshop attendance has occurred.
The liquidation date for this project will be June 30, 2021. Therefore, the Project
Completion Packet will be due to OGALS by March 31, 2021. This OGALS due date
allows time for the final site inspection and processing of the final payment prior to the
liquidation date.
Each HCF grantee receiving funds for acquisition, enhancement, restoration, or
development must record a Deed Restriction on the project property (if owned by the
grantee). The Deed Restriction ensures that the property is used for a purpose
consistent with the grant scope for the length of the contract performance period. The
Deed Restriction is required after the acquisition is complete (for acquisition projects) or
prior to grant payment for enhancement, restoration, or development costs (for
enhancement, restoration, or development projects).
If you have questions about your project or the HCF Program, please contact your
Project Officer, Karen Sims, at 916-651-7739, or Karen.Sims(a)_parks.ca.gov. Additional
HCF grant program information is available on OGALS website at
http://www.parks.ca.gov/grants. Click on the "Habitat Conservation Fund Program" link.
H13 -85- Item 5. - 3
Antonia Graham
Page 2
Congratulations again on your successful application! OGALS looks forward to working
with you to deliver quality recreation opportunities to your constituents.
N
y,
AMitcheF,
External Affairs
cc: Project file
Item 5. - 4 HB -86-
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
RECORDING REQUESTED BY: II I I II II II I I I III 11�111$��II R NO FEE
California Department of Parks and Recreation * $ R 0 0 0 9 8 8 4 4 9 0 $ *
Office of Grants and Local Services 201800004857510:34 am 02/13/18
232 407 DI 22
WHEN RECORDED MAIL TO: 0.00 0.00 0.00 0.00 63.00 0.00 0.000.00 0.00
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Melinda Steinert
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
DEED RESTRICTION
I. WHEREAS,the City of Huntington Beach(hereinafter referred to as "Owner(s)" is/are
recorded owner(s)of the real property described in Exhibit A,attached and incorporated herein by
reference(hereinafter referred to as the"Property"); and
II. WHEREAS,the California Department of Parks and:Recreation(hereinafter referred to
as "DPR") is a public agency created and existing under the authority of section 5001 of the California
Public Resources Code(hereinafter referred to as the "PRC"). And
III. WHEREAS, Owner(s) (or Grantee)applied to DPR for grant funds available pursuant to
the Habitat Conservation Fund, Trails Program for a project to restore approximately 1,332 linear feet of
the Central Park Multi-Purpose Trail and install interpretive signage at Central Park in the City of
Huntington Beach on the Property; and
IV. WHEREAS, on_July 1, 2016 , DPR's Office of Grants and Local Services conditionally
approved Grant HT-30-010 ,(hereinafter referred to as"Grant")for a project to restore approximately
1,332 linear feet of the Central Park Multi-Purpose Trail and install interpretive signage at Central Park in
the City of Huntington Beach on the Propert.y, subject to, among other conditions, recordation of this
Deed Restriction on the Property; and
' 1`6 docu"w is wisly for the&Pi W
buskow of the City of Furydngtw dsgch,
as contarn~under Govure"wt Cods
Ss_27363 ssd shouidU roc ded*go
Of chw9s.
1
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the
Grant would not be consistent with the public purposes of the Habitat Conservation Fund, Trails
Program and the funds that are the subject of the Grant could therefore not have been granted; and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant,
so as to enable Owner(s),to receive the Grant funds and perform the work described in the Grant;
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the
undersigned Owner(s)for himself/herself/themselves and for his/her/their heirs, assigns, and successors-
in-interest, hereby irrevocably covenant(s)with DPR that the condition of the grant(set forth at
paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this
Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use
and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective
components thereof.
1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall
bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1,
2017 through June 30, 2037.
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a)Article XIII, section 8, of the
California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor
statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to
the Property within the meaning of section 3712(d)of the California Revenue and Taxation Code, or
successor statue,which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s)to ascertain whether the use restrictions set forth above are being
observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s)whether
written or oral which uses or would cause to be used or would permit use of the Property contrary to the
2
terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and
all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction.
In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof
shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any
reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: ,�� .y 06,20 /8
Business Name (if property is owned by a business):
Owner(s)Name(s): a1tLA Q-'P 4+"r1-h ncrtprN aeach
Signed: /� Sign d:
Fred Wilson, City Manager Mike Posey, Mayor
PRINT/TYPE NAME&TITLE OF ABOVE PRINT/TYPE NAM TITLE ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE,AS REQUIRED)
i rmd Ho L,t,'r
AP ROVED AS TOFORM
By.
MICHAEL E.4TES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
**NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
3
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On February6 2018 before me P. L. Es ar a Notary Public personally
P z , y � P Y �
appeared Fred A. Wilson who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
P.L.ESPMZA
WITNESS my hand and official seal. Notary Public-California
Z Orange County
a Commission 0 2204197
Mi Comm.Extras Aug4,2021
/I (Seal)
(Notary Sidnatuye)
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On 2/6/2018 before me, P. L. Esparza, Notary Public, personally appeared Mike
Posey who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
rA P.L.ESPARZA
Notary Pubic •CaliforMa
WITNESS my hand and official seal. Orange Commission 4to2204197
Mi Comm.Ex ires Aug4,2021
(Seal)
(Notary Sijnatijre)
Exhibit A
Exhibit A
ASSESSOR'S
# PARCEL No. -
�_ NI
V D —
A= 110- 163-01 — _—
8= 110- 163- 12
C= 11 D- 163- 11
D= 110- 163- 10 = "
E= 110- 163—09 :
F= 110— 16 3—08
— 163-06
H= 110 _
I= 110- 163-05
J= 110- 163—04 --- -"
L= 110- 163—02
M= 110- 163—01
N= 110- 163- 19
0— 110- 163-20
P— 110- 163-21
Q= 110- 163-22 k T " MP
R— 110- 163-23 u INP o c I
rn li0 -- - MOND ST - �G,Q� GNODF�AL
+ n < = o
m EXP. 12-31-19
S Q
�y L.S. 7340
I TF OF Cq,�F�� - <
I �
GRAPHIC SCALE
200 0 100 200
NOTE: 1 ' CONTOUR INTERVAL
JOSEPH G. DERLETH SHOWN HEREON.
PLS 7340 EXPIRES 12/31 /19 IN FEET )
N 1 inch =200ft.
PROJECT BOUNDARIES
CENTRAL PARK MULTI PURPOSE TRAIL '�• >»t
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Exhibit "B "
A.
State of California.Natural Resources Agency E)Chiv,.�
G.Brown Jr.,5rnor
DEPARTMENT OF PARKS AND RECREATION Lisa Ann L.Mangat,Director
® P.O.Box 942896•Sacramento,CA 94296-0001
(916)653-7423
JUN 0 5 2011
Antonia Graham, Assistant to the City Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: Central Park Trail Rehabilitation $35,000
Dear Antonia Graham:
The Office of Grants and Local Services (OGALS) completed the application review
process for the Habitat Conservation Fund (HCF) Program. OGALS is pleased to
inform you that the project identified above has been selected for funding, contingent
upon inclusion of the funds in the 2017 2018 State Budget. Congratulations!
As an HCF grant recipient, a representative from your agency must attend an HCF
Grant Administration workshop to learn more about the HCF contract and grant
administration process. Workshop attendance is mandatory prior to receiving a grant
contract. Information on the mandatory workshop will follow in a separate letter.
The contract performance period for this project will begin on July 1, 2017. Do not
begin project work until you receive a fully-executed grant contract. OGALS will initiate
a contract and send it to you for signature after the State Budget is enacted and the
mandatory workshop attendance has occurred.
The liquidation date for this project will be June 30, 2021. Therefore, the Project
Completion Packet will be due to OGALS by March 31, 2021. This OGALS due date
allows time for the final site inspection and processing of the final payment prior to the
liquidation date.
Each HCF grantee receiving funds for acquisition, enhancement, restoration, or
development must record a Deed Restriction on the project property (if owned by the
grantee). The Deed Restriction ensures that the property is used for a purpose
consistent with the grant scope for the length of the contract performance period. The
Deed Restriction is required after the acquisition is complete (for acquisition projects) or
prior to grant payment for enhancement, restoration, or development costs (for
enhancement, restoration, or development projects).
If you have questions about your project or the HCF Program, please contact your
Project Officer, Karen Sims, at 916-651-7739, or Karen.Sims(a_parks.ca.gov. Additional
HCF grant program information is available on OGALS website at
http://www.parks.ca..qov/grants. Click on the "Habitat Conservation Fund Program" link.
Antonia Graham
Page 2
Congratulations again on your successful,application! OGALS looks forward to working
with you to deliver quality recreation opportunities to your constituents.
ince ely,
edri k Mitche, eputy Director
External Affairs
cc: rProject file
State of California a Natural Resources Agency Edmund G. Brown Jr.,Governor
DEPARTMENT OF PARKS AND RECREATION Lisa Ann L.Mangat,Director
P.O.Box 942896 a Sacramento,CA 94296-0001
916-653-7423
December 8, 2017
Dave Dominguez
Facilities Development and Concessions Manager
City of Huntington Beach
P.O. Box 190
Huntington Beach, CA 92648
i
1
Re: Project Name: Central Park Trail Rehabilitation
Program Name: Habitat Conservation Fund
Trails
Project Number: HT-30-010
Contract Number: C9778013
Dear Dave Dominguez:
Enclosed for your files is a copy of a fully executed contract for the above referenced
project. Refer to your procedural guide for grant process information. Please
remember that you must comply with all applicable state and federal laws and
regulations including, but not limited to, legal requirements for construction contracts,
building codes, health and safety codes, and the laws and codes pertaining to
individuals with disabilities.
In addition, this grant requires that a deed restriction be recorded on the title to the
property. The deed restriction protects the State's interest in the property and ensures
that the property will be used for purposes consistent with the grant contract. No
payments, except those necessary for acquisition, can be made until we receive a copy
of the recorded deed restriction. The deed restriction and instructions are attached.
If you have any questions, please contact me at (916) 651-7744 or email me at
Melinda.Steinert@parks.ca.gov.
Sincerely,
Melinda Steinert
Project Officer
Enclosure(s)
State of California-Natural Resources Agency
Department of Parks and Recreation
GRANT CONTRACT
Habitat Conservation Fund
Trans
GRANTEE City of Huntington Beach
GRANT PERFORMANCE PERIOD is from July 01,2017 through June 30,2022
CONTRACT PERFORMANCE PERIOD is from July 01,2017 through June 30,2027
PROJECT TITLE CENTRAL PARK TRAIL REHABILITATION PROJECT NUMBER HT-30-010
The GRANTEE agrees to the terms and conditions of this contract,hereinafter referred to as AGREEMENT,and the State of Caiifomia,
acting by and through the California Department of Parks and Recreation,agrees to fund the total grant amount indicated below, The
GRANTEE agrees to complete the GRANT SCOPE as defined in the GRANT SCOPE J Cost Estimate Form of the APPLICATION
submitted to the State of California.
GRANT SCOPE:
Restore approArnately 1,332 linear feet of the Central Park Multi-Purpose Trail and Install interpretive signage at Central Park in the City of
Huntington Beach.
Total State Grant not to exceed $35,000,00 (or 50%of the total project, which ever Is less)
The General and Special Provisions attached are made a part of and incorporated Into the Contract.
City of Huntington Beach
Grantee
ByWg �
�� (� `� STATE OF CALIFORNIA
Authorized Representative
DEPARTMENT OF PARKS AND RECREA,TIO,pN
fzed Representative By
ry
Title 'Vl G �. '� / pate c�
Date - /
CERTIFICATION OF FUNDING
CONTRACT NO AMENDMENT�NOCALSTARS VENDOR NO. PROJECT NO.
C9778013 40000000930b HT-30 016
AMOUNT ENCUMBERED BY THIS DOCUMENT FUND.
$35,000.00 Habitat Conservation Fund
PRIOR AMOUNT ENCUMBERED FOR THIS ITEM CHAPTER STATUTE FISCAL YEAR
CONTRACT 3790-601-0262(1) 9 1990 2017J18
TOTAL AMOUNT ENCUMBERED TO DATE INDEX. OBJ.EXPEND PGA PROJECT J WORK PHASE
$ $35,000.00 1091 702 63666
T.B.A.NO. I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance,
--]DATE.
B.R..N0. ACCOUNTING OFFICER'S,SIGNATURE
l
3
n
GRANT CONTRACT
1. RECITALS
1. This agreement is entered into between the State of California, by and through the
California Department of Parks and Recreation (hereinafter referred to as "STATE") and
City of Huntington Beach (hereinafter referred to as "grantee").
2. The California Wildlife Protection Act of 1990, Fish and Game Code, Chapter 9,
commencing with Section 2780 (the ACT) authorizes the STATE to award grants to
eligible entities.
3. Pursuant to the California Wildlife Protection Act of 1990, Fish and Game Code,
Chapter 9, commencing with Section 2780, the STATE is authorized to oversee and
manage grants to eligible entities for the purposes stated within its provisions. Funding
for this $2,000,000 GRANT program was made available through the California Wildlife
Protection Act of 1990, Fish and Game Code, Chapter 9 (commencing with Fish and
Game Code § 2780).
4. The STATE hereby grants to grantee a sum (hereinafter referred to as "grant monies")
not to exceed Dollars ( $35,000 ), subject to the
terms and conditions of this agreement, the HCF Application GUIDES, any legislation
applicable to the ACT and the APPLICATION.
5. In consideration thereof grantee agrees to abide by the terms and conditions of this
agreement as well as the provisions of the ACT, Grantee acknowledges that the grant
monies are not a gift or a donation.
6. In addition to the terms and conditions of this agreement, the parties agree that the
terms and conditions contained in the documents set forth below are hereby
incorporated into and made part of this agreement.
a. The Grant Administration Guide
b. The APPLICATION GUIDE
c. The submitted APPLICATION
It. SPECIAL PROVISIONS
1. This agreement includes the following special provisions, when project circumstances
warrant (by either party):
1
III. GENERAL. PROVISIONS
A. Definitions
As used in this agreement, the following words shall have the following meanings:
1. The term "ACT" means the statutory basis for this grant program.
2. The term "APPLICATION" means the individual project APPLICATION packet for a grant
pursuant to the enabling legislation and/or grant program process Grant Administration
Guide requirements.
3. The term "ACQUISITION" means to obtain fee title of real property or a permanent
easement which provides the recipient permanent rights to use the property for the
purposes of the project. Leases or rentals do not constitute ACQUISITION.
4. The term "CONTRACT PERFORMANCE PERIOD"means the period of time described
on page 1 of this agreement.
5. The term "DEVELOPMENT" (trails category only) means capital improvements to real
property by, but not limited to, improvement, construction, reconstruction, and/or
protection of permanent or fixed features of the property.
6. The term "ENHANCEMENT" means to increase the habitat value of the land to benefit
the targeted species.
7. The term "GRANT PERFORMANCE PERIOD" means the period of time described on
page 1 of this agreement, during which eligible costs can be charged to the grant and
which begins on the appropriation date and ends on the fund liquidation date.
8. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE(cost estimate
form found in the APPLICATION.
9. The term "GUIDES" means the documents identified as the APPLICATION and Grant
Administration GUIDES for the Habitat Conservation Fund program for deer/mountain
lion habitat, rare, endangered, threatened, or fully-protected species habitat, wetlands,
anadromous salmonids.and trout habitat, riparian habitat, trails, and WILDLIFE AREA
ACTIVITIES, as incorporated by reference in Title 14, California Code of Regulations,
Section 4870-4877.
10.The term "RESTORATION" means the act of bringing either land or a species back into
a former, non-impaired condition.
2
11.The term "STATE" refers to the State of California acting by and through the Department
of Parks and Recreation.
12.The term 'WILDLIFE AREA ACTIVITIES"means an event, or series of events to be
accomplished with grant funds, such as a nature interpretation, educational, or other
enrichment project, (e.g., classes, trips, etc.), organized and/or conducted by the
grantee, and intended to bring urban residents into park and wildlife areas.
B. Project Execution
1. Subject to the availability of grant monies in the ACT, the STATE hereby grants to the
grantee a sum of money not to exceed the amount stated on page 1 of this agreement, in
consideration of, and on condition that, the sum be expended in carrying out the purposes
set forth in the GRANT SCOPE, and under the terms and conditions set forth in this
agreement.
The grantee shall assume the obligation to furnish any additional funds that may be
necessary to complete the GRANT SCOPE.
2. After the STATE has approved the APPLICATION, all changes and alterations to the
GRANT SCOPE must be approved in writing by the STATE. Grantee's failure to comply
with this provision may be construed as a breach of the terms of the agreement and result
in the termination of payment of the grant monies provided for in this agreement.
To maintain the integrity of the competitive grant program, the grantee agrees that any
other project changes or alterations which deviate from the GRANT SCOPE in the
original competitive APPLICATION must be submitted in writing to the STATE for'prior
approval.
3. The grantee shall'complete the GRANT SCOPE in accordance with the time of the
GRANT PERFORMANCE PERIOD set forth on page one of this agreement, and under
the terms and conditions of this agreement.
4. The grantee shall comply with the California Environmental Quality Act (Public Resources
Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et.
seq.).
5. The grantee shall at all times comply with all applicable current laws and regulations
affecting ACQUISITION, ENHANCEMENT, RESTORATION, DEVELOPMENT, AND
WILDLIFE AREA ACTIVITIES projects, including, but not limited to, legal requirements for
construction contracts, building codes, health and safety codes, and laws and codes
pertaining to individuals with disabilities, including but not limited to the Americans With
Disabilities Act of 1990(42 U.S.C. §12101 et. seq.) and the California Unruh Act
(California Civil Code§51 et seq.)
3
6. If the GRANT SCOPE includes ACQUISITION of real property, the grantee agrees to
comply at all times with all applicable STATE and local laws or ordinances affecting
relocation and real property ACQUISITION.
7. Grantee agrees that lands acquired with grant monies shall not be acquired through the
use of eminent domain.
C. Project Costs
1. Grantee agrees to abide by the GUIDES.
2. Grantee acknowledges that the STATE may make reasonable changes to its procedures
asset forth in the GUIDES. If the STATE makes any changes to its procedures and
guidelines, the STATE agrees to notify grantee within a reasonable time.
D. Project Administration
1. If the STATE advances grant monies for ACQUISITION projects, the STATE shall place
the grant monies in an escrow account. If grant monies are advanced and not expended,
the unused portion of the advanced funds shall be returned to the STATE within 60 days
after the close of escrow.
2. If grant monies are advanced for an ENHANCEMENT, RESTORATION,;
DEVELOPMENT, or WILDLIFE AREA ACTIVITIES.project, the advanced funds shall be
placed in an interest-bearing account until expended. Advanced funds must be spent
within six months from the date of receipt, unless the STATE waives this requirement.
Interest earned on the advanced funds shall be used on the project as approved by the
STATE. If grant monies are advanced and not expended, the unused portion of the
advance and any unused interest earned shall be returned to the STATE within 60 days
after project completion or the end of the GRANT PERFORMANCE PERIOD, whichever
is earlier.
3. The grantee shall submit a written status report within 30 calendar days after the STATE
has made such a request. In any event, the grantee shall provide the STATE a report
showing total final project expenditures within 60 days of project,completion or the end of
the GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT
PERFORMANCE PERIOD is identified on page one of this agreement.
4. The STATE shall have the right to inspect all property or facilities acquired and/or
developed pursuant to this agreement and the grantee shall make such property or
facilities available for inspection upon 24 hours' notice from the STATE.
5. The grantee and the STATE agree that if the GRANT SCOPE includes ENHANCEMENT,
RESTORATION, DEVELOPMENT, or WILDLIFE AREA ACTIVITIES project activities,
4
final payment may not be made until the work described in the GRANT SCOPE is
complete.
6. Any grant funds that have not been expended by the grantee by the date on the
PROJECT COMPLETION Certification form, or by end of the GRANT PERFORMANCE
PERIOD, whichever is earlier, shall revert to the STATE.
E. Project Termination
1. In the event of non-completion of a GRANT SCOPE, the STATE may request the return
of any grant funds advanced or reimbursed.
2. This agreement may be rescinded, modified or.amended only by mutual written
agreement between the grantee and the STATE, unless the provisions of this agreement
provide that mutual agreement is not required for a rescission, modification or amendment.
3. Failure by the grantee to comply with the terms of this agreement, as well as any other
agreements that grantee has entered into with STATE, may be cause for suspension,of
all obligations,of the STATE under this agreement unless the STATE determines that
such failure was due to no fault of the grantee. In such case, STATE may reimburse
grantee for eligible costs properly incurred in performance of this agreement despite
non-performance of the grantee. To qualify for such reimbursement, grantee agrees to
mitigate its losses to the best of its ability.
4. The grantee agrees that in the event of a breach of this agreement, the STATE may seek,
in addition to all remedies provide by law, specific performance of the agreement'in
accordance with the purpose of the agreement to preserve, protect and increase the
quantity and quality of habitat opportunities and/or resources available to the people of the
State of California.
F. Budget.Contingency Clause
For purposes of this program, if funding for any fiscal year is reduced or deleted by the
budget.act, executive order, the legislature, or by any other provision of statute, the
STATE shall have the option to either cancel this agreement with no liability occurring to
the STATE, or offer an amendment to the agreement to reflect a reduced grant amount.
This paragraph shall not require the mutual agreement as addressed in Paragraph E,
subsection 2, of this agreement.
G, indemnity
1. The grantee shall waive all claims and recourse against the STATE including the right to
contribution for loss or damage to persons or property arising from, growing out of or in
5
any way connected with or incident to this agreement, except valid legal claims arising
from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. To the fullest extent of the law, the grantee shall indemnify, hold harmless and defend
the STATE,its officers, agents and employees against any and all claims, demands,
damages, costs, expenses or liability costs arising out of an ACQUISITION,
ENHANCEMENT, RESTORATION, DEVELOPMENT, or WILDLIFE AREA ACTIVITIES
project, construction, operation or maintenance of the property described as the project
which claims, demands or causes of action arise under California Government Code
Section 895.2 or otherwise except for liability arising out of the concurrent or sole
negligence of the STATE, its officers, agents, or employees.
3. The grantee agrees that in the event the STATE is named as codefendant under the
provisions of California Government Code Section 895 et. seq., the grantee shall notify
the STATE of such fact and shall represent the STATE in the legal action unless the
STATE undertakes to represent itself as codefendant in such legal action in which event
the STATE shall bear its own litigation costs, expenses, and attorney's fees.
4. The grantee and the STATE agree that in the event of judgment entered against the
STATE and the grantee because of the concurrent negligence of the STATE and the
grantee, their officers, agents, or employees, an apportionment of liability to pay such
judgment shall be made by a court of competent jurisdiction.
5. The grantee shall indemnify, hold harmless and defend the STATE, its officers, agents
and employees against any and all claims, demands, costs, expenses or liability costs
arising out of legal actions pursuant to items to which the grantee has certified. The
grantee acknowledges that it is solely responsible for compliance with items to which it
has certified.
H, Financial Records
1. The grantee shall maintain satisfactory financial accounts, documents and records for
the project and make them available to the STATE for auditing at reasonable times.
The grantee also agrees to retain such financial accounts, documents and records for at
least five years following project termination or final payment, whichever is later..
2. The grantee shall keep such records as the STATE shall prescribe, including records
which fully disclose (a) the disposition of the proceeds of grant monies, (b) the total cost
of the project, (c) the amount and nature of project funds provided by other sources, and
(d)any other records that will facilitate an effective audit of the grant monies.
3. The grantee agrees that the STATE shall have the right to inspect and make copies of
any books, records or reports pertaining to this agreement or matters related thereto
during regular office hours. The grantee shall maintain and make available.for
6
inspection by the STATE accurate records of all of its costs, disbursements and receipts
with respect to its activities under this agreement. Such accounts, documents, and
records shall be retained by the GRANTEE for at least 5 years following final payment of
grant monies.
4. The grantee shall use a generally accepted accounting system, per state and federal
requirements.
I. Use of Facilities
1. The grantee agrees to operate and maintain project sites and/or locations for the
duration of the CONTRACT PERFORMANCE PERIOD. If any property is acquired,
enhanced, restored, or developed with grant monies, the grantee is required to operate
and maintain the same for the duration of the CONTRACT PERFORMANCE PERIOD,
2. The grantee agrees that'during the GRANT PERFORMANCE PERIOD, any income
earned by the grantee from a STAT&approved use of the project shall be used for
project purposes, or, if approved by the STATE, for other purposes within the grantee's
jurisdiction.
3. The grantee acknowledges that reasonable public access shall be provided except
when that access may interfere with habitat protection.
4. All facilities shall have operating hours consistent with the times proposed in the
APPLICATION and be open to members of the public in accordance with the project
selection criteria in the APPLICATION, unless otherwise granted permission by the
STATE and except as noted under the special provisions of this'agreement or under
provisions of the enabling legislation and/or grant program.
5. The grantee agrees that for the duration of the CONTRACT PERFORMANCE PERIOD,
any property acquired, enhanced, restored or developed with grant monies under this
agreement-shall be used only for the purposes of the grant and consistent with the-
GRANT SCOPE referenced in the APPLICATION unless prior written approval is given
by the STATE.
6. The grantee agrees to use any property acquired, enhanced, restored, or developed
with grant monies under this agreement only for the purposes of the grant and no other
use, sale, or other disposition.shall be permitted except as authorized by a specific act
of the legislature in which event the property shall be replaced by the grantee with
property of equivalent value and usefulness as determined by the STATE.
7. The property acquired, enhanced, restored, or developed with grant monies may be
transferred to another eligible entity only if the successor entity assumes the obligations
imposed under this agreement and with written approval of the STATE.
7
8. Any real property acquired or developed with grant monies (including any portion of it or
any interest in it) may not be used as security for any debt or mitigation, without the
written approval of the STATE, provided that such approval shall not be unreasonably
withheld as long as the purposes for which the grant monies were awarded are
maintained. Any such permission that is granted does not make the STATE a guarantor
or a surety for any debt or mitigation, nor does it waive the STATE's rights to enforce
performance under this agreement.
9. All real property or rights thereto, acquired with grant monies shall be subject to an
appropriate form of restrictive title, rights, or covenants required and approved by the
STATE. If the project property is taken by use of eminent domain, grantee shall
reimburse the STATE an amount at least equal to the amount of grant monies received
from the STATE or the pro-rated full market value of the real property, including
improvements, at the time of sale, whichever is higher.
10.if eminent domain proceedings are initiated against grantee, grantee shall notify the
STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The grantee shall not discriminate against any person on the basis of sex, race, creed,
color, national origin, age, religion, ancestry, sexual orientation, disability, medical
condition, or marital status in the use of project site(s) as included in the APPLICATION.
2. The grantee shall not discriminate against any person on the basis of residence, and
shall not apply differences in admission or other fees on the basis of residence. Fees
shall be reasonable and.not unduly prevent use by economically disadvantaged
members of the public.
K. Severability
If any provision of this agreement or the application thereof is held invalid, that invalidity
shall not affect other provisions or applications of the agreement which can be given effect
without the invalid provision or application, and to this end the provisions of this contract
are severable.
L. Liability
STATE assumes no responsibility for assuring the safety of construction, site
improvements or programs related to the GRANT SCOPE, The STATE's rights under this
agreement to review, inspect, and approve the GRANT SCOPE and any final plans of
8
implementation shall not give rise to any warranty' or representation that the GRANT
SCOPE and any plans or improvements are free from hazards or defects.
M. Assignability
Without the written consent of the STATE, the grantee's interest in and responsibilities
under this agreement shall not be assignable by the grantee either in whole or in part.
N. Section Headings
The headings and captions of the various sections of this agreement have been inserted
only for the purpose of convenience and are not.a part of this agreement and shall not be
deemed in any manner to modify, explain, or restrict any of the provisions of this
agreement.
9
O. Waiver
Any failure by a party to enforce its rights under this agreement, in the event of a breach,
shall not be construed as a waiver of said rights; and waiver of any breach under this
agreement shall not be construed as a waiver of any subsequent breach.
City of Huntington Beach
GraAeofA�tkhorrized
t
By:
Sig Representative (Position Authorized in the Resolution)
Title:
Date: ��-t X 2
10
0 State of California a Natural Resources Agency Edmund G. Brown Jr., Governor
DEPARTMENT OF PARKS AND RECREATION Lisa Ann L.Mangat,Director
P.O.Box 942896•Sacramento,CA 94296-0001
916-653-7423
December 8, 2017
Dave Dominguez
Facilities Development and Concessions Manager
City of Huntington Beach
P.O. Box 190
Huntington Beach, CA 92648
Re: Project Name: Central Park Trail Rehabilitation
Program Name: Habitat Conservation Fund
Trails
Project Number: HT-30-010
Contract Number: C9778013
Dear Dave Dominguez:
Enclosed for your files is a copy of a fully executed contract for the above referenced
project. Refer to your procedural guide for grant process information. Please
remember that you must comply with all applicable state and federal laws and
regulations including, but not limited to, legal requirements for construction contracts,
building codes, health and safety codes, and the laws and codes pertaining to
individuals with disabilities.
In addition, this grant requires that a deed restriction be recorded on the title to the
property. The deed restriction protects the State's interest in the property and ensures
that the property will be used for purposes consistent with the grant contract. No
payments, except those necessary for acquisition, can be made until we receive a copy
of the recorded deed restriction. The deed restriction and instructions are attached.
If you have any questions, please contact me at (916) 651-7744 or email me at
Melinda.Steinert@parks.ca.gov.
Sincerely,
Melinda Steinert
Project Officer
Enclosure(s)
State of California-Natural Resources Agency
Department of Parks and Recreation
GRANT CONTRACT
Habitat Conservation Fund
Trails
GRANTEE City of Huntington Beach
GRANT PERFORMANCE PERIOD is from July 01,2017 through June 30,2022
CONTRACT PERFORMANCE PERIOD is from July 01,2017 through June 30,2027
PROJECT TITLE CENTRAL PARK TRAIL REHABILITATION PROJECT NUMBER HT-30-010
The GRANTEE agrees to the terms and conditions of this contract,hereinafter referred to as AGREEMENT,and the State of California,
acting by and through the California Department of Parks and Recreation,agrees to fund the total grant amount indicated below. The
GRANTEE agrees to complete the GRANT SCOPE as defined in the GRANT SCOPE/Cost Estimate Form of the APPLICATION
submitted to the State of Califomia.
GRANT SCOPE:
Restore approximately 1,332 linear feet of the Central Park Multi-Purpose Traif and install interpretive signage at Central Park in the City of
Huntington Beach.
Total State Grant not to exceed $35,000.00 (or 50%of the total project, which ever is less)
The General and Special Provisions attached are made a part of and incorporated into the Contract.
City of Huntington Beach
Grantee
By
0*'r ri t name of Authorized Representative STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
igAature of Authorized Representative By
Title i ��G Date
Date
CERTIFICATION OF FUNDING
CONTRACT NO AMENDMENT NO CALSTARS VENDOR NO. PROJECT NO.
C9778013 400000009300 HT-30-010
AMOUNT ENCUMBERED BY THIS DOCUMENT FUND.
$35,000.00 Habitat Conservation Fund
PRIOR AMOUNT ENCUMBERED FOR THIS ITEM CHAPTER STATUTE FISCAL YEAR
CONTRACT 3790-601-0262(1) 9 1990 2017/18
TOTAL AMOUNT ENCUMBERED TO DATE INDEX. OBJ.EXPEND PCA PROJECT/WORK PHASE
s $35,000.00 1091 702 63666
T.B.A.NO. I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
B.R..NO. ACCOUNTING OFFICER'S SIGNATURE DATE.
GRANT CONTRACT
I. RECITALS
1. This agreement is entered into between the State of California, by and through the
California Department of Parks and Recreation (hereinafter referred to as "STATE") and
City of Huntington Beach (hereinafter referred to as "grantee").
2. The California Wildlife Protection Act of 1990, Fish and Game Code, Chapter 9,
commencing with Section 2780 (the ACT) authorizes the STATE to award grants to
eligible entities.
3. Pursuant to the California Wildlife Protection Act of 1990, Fish and Game Code,
Chapter 9, commencing with Section 2780, the STATE is authorized to oversee and
manage grants to eligible entities for the purposes stated within its provisions. Funding
for this $2,000,000 GRANT program was made available through the California Wildlife
Protection Act of 1990, Fish and Game Code, Chapter 9 (commencing with Fish and
Game Code § 2780).
4. The STATE hereby grants to grantee a sum (hereinafter referred to as "grant monies")
not to exceed Dollars ( $35,000 ), subject to the
terms and conditions of this agreement, the HCF Application GUIDES, any legislation
applicable to the ACT and the APPLICATION.
5. In consideration thereof grantee agrees to abide by the terms and conditions of this
agreement as well as the provisions of the ACT. Grantee acknowledges that the grant
monies are not a gift or a donation.
6. In addition to the terms and conditions of this agreement, the parties agree that the
terms and conditions contained in the documents set forth below are hereby
incorporated into and made part of this agreement.
a. The Grant Administration Guide
b. The APPLICATION GUIDE
c. The submitted APPLICATION
II. SPECIAL PROVISIONS
1. This agreement includes the following special provisions, when project circumstances
warrant (by either party):
1
III. GENERAL PROVISIONS
A. Definitions
As used in this agreement, the following words shall have the following meanings:
1. The term "ACT" means the statutory basis for this grant program.
2. The term "APPLICATION" means the individual project APPLICATION packet for a grant
pursuant to the enabling legislation and/or grant program process Grant Administration
Guide requirements.
3. The term "ACQUISITION" means to obtain fee title of real property or a permanent
easement which provides the recipient permanent rights to use the property for the
purposes of the project. Leases or rentals do not constitute ACQUISITION.
4. The term "CONTRACT PERFORMANCE PERIOD" means the period of time described
on page 1 of this agreement.
5. The term "DEVELOPMENT" (trails category only) means capital improvements to real
property by, but not limited to, improvement, construction, reconstruction, and/or
protection of permanent or fixed features of the property.
6. The term "ENHANCEMENT" means to increase the habitat value of the land to benefit
the targeted species.
7. The term "GRANT PERFORMANCE PERIOD" means the period of time described on
page 1 of this agreement, during which eligible costs can be charged to the grant and
which begins on the appropriation date and ends on the fund liquidation date.
8. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE]cost estimate
form found in the APPLICATION.
9. The term "GUIDES" means the documents identified as the APPLICATION and Grant
Administration GUIDES for the Habitat Conservation Fund program for deer/mountain
lion habitat, rare, endangered, threatened, or fully-protected species habitat, wetlands,
anadromous salmonids.and trout habitat, riparian habitat, trails, and WILDLIFE AREA
ACTIVITIES, as incorporated by reference in Title 14, California Code of Regulations,
Section 4870-4877.
10.The term "RESTORATION" means the act of bringing either land or a species back into
a former, non-impaired condition.
2
11.The term "STATE" refers to the State of California acting by and through the Department
of Parks and Recreation.
12.The term `WILDLIFE AREA ACTIVITIES" means an event, or series of events to be
accomplished with grant funds, such as a nature interpretation, educational, or other
enrichment project, (e.g., classes, trips, etc.), organized and/or conducted by the
grantee, and intended to bring urban residents into park and wildlife areas.
B. Project Execution
1. Subject to the availability of grant monies in the ACT, the STATE hereby grants to the
grantee a sum of money not to exceed the amount stated on page 1 of this agreement, in
consideration of, and on condition that, the sum be expended in carrying out the purposes
set forth in the GRANT SCOPE, and under the terms and conditions set forth in this
agreement.
The grantee shall assume the obligation to furnish any additional funds that may be
necessary to complete the GRANT SCOPE.
2. After the STATE has approved the APPLICATION, all changes and alterations to the
GRANT SCOPE must be approved in writing by the STATE. Grantee's failure to comply
with this provision may be construed as a breach of the terms of the agreement and result
in the termination of payment of the grant monies provided for in this agreement.
To maintain the integrity of the competitive grant program, the grantee agrees that any
other project changes or alterations which deviate from the GRANT SCOPE in the
original competitive APPLICATION must be submitted in writing to the STATE for prior
approval.
3. The grantee shall complete the GRANT SCOPE in accordance with the time of the
GRANT PERFORMANCE PERIOD set forth on page one of this agreement, and under
the terms and conditions of this agreement.
.4. The grantee shall comply with the California Environmental Quality Act (Public Resources
Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et.
seq.).
5. The grantee shall at all times comply with all applicable current laws and regulations
affecting ACQUISITION, ENHANCEMENT, RESTORATION, DEVELOPMENT, AND
WILDLIFE AREA ACTIVITIES projects, including, but not limited to, legal requirements for
construction contracts, building codes, health and safety codes, and laws and codes
pertaining to individuals with disabilities, including but not limited to the Americans With
Disabilities Act of 1990 (42 U.S.C. §12101 et. seq.) and the California Unruh Act
(California Civil Code §51 et seq.)
3
I
6. If the GRANT SCOPE includes ACQUISITION of real property, the grantee agrees to
comply at all times with all applicable STATE and local laws or ordinances affecting
relocation and real property ACQUISITION.
7. Grantee agrees that lands acquired with grant monies shall not be acquired through the
use of eminent domain.
C. Project Costs
1. Grantee agrees to abide by the GUIDES.
2. Grantee acknowledges that the STATE may make reasonable changes to its procedures
as set forth in the GUIDES. If the STATE makes any changes to its procedures and
guidelines, the STATE agrees to notify grantee within a reasonable time.
D. Project Administration
1. If the STATE advances grant monies for ACQUISITION projects, the STATE shall place
the grant monies in'an escrow account. If grant monies are advanced and not expended,
the unused portion of the advanced funds shall be returned to the STATE within 60 days
after the close of escrow.
2. If grant monies are advanced for an ENHANCEMENT, RESTORATION,,
DEVELOPMENT, or WILDLIFE AREA ACTIVITIES.project, the advanced funds shall be
placed in an interest-bearing account until expended. Advanced funds must be spent
within six months from the date of receipt, unless the STATE waives this requirement.
Interest earned on the advanced funds shall be used on the project as approved by the
STATE. If grant monies are advanced and not expended, the unused portion of the
advance and any unused interest earned shall be returned to the STATE within 60 days
after project completion or the end of the GRANT PERFORMANCE PERIOD, whichever
is earlier.
3. The grantee shall submit a written status report within 30 calendar days after the STATE
has made such a request. In any event, the grantee shall provide the STATE a report
showing total final project expenditures within 60 days of project.completion or the end of
the GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT
PERFORMANCE PERIOD is identified on page one of this agreement.
4. The STATE shall have the right to inspect all property or facilities acquired and/or
developed pursuant to this agreement and the grantee shall make such property or
facilities available for inspection upon 24 hours' notice from the STATE.
5. The grantee and the STATE agree that if the GRANT SCOPE includes ENHANCEMENT,
RESTORATION, DEVELOPMENT, or WILDLIFE AREA ACTIVITIES project activities,
4
final payment may not be made until the work described in the GRANT SCOPE is
complete.
6. Any grant funds that have not been expended by the grantee by the date on the
PROJECT COMPLETION Certification form, or by end of the GRANT PERFORMANCE
PERIOD, whichever is earlier, shall revert to the STATE.
E. Project Termination
1. In the event of non-completion of a GRANT SCOPE, the STATE may request the return
of any grant funds advanced or reimbursed.
2. This agreement may be rescinded, modified or amended only by mutual written
agreement between the grantee and the STATE, unless the provisions of this agreement
provide that mutual agreement is not required for a rescission, modification or amendment.
3. Failure by the grantee to comply with the terms of this agreement, as well as any other
agreements that grantee has entered into with STATE, may be cause for suspension of
all obligations.of the STATE under this agreement unless the STATE determines that
such failure was due to no fault of the grantee. In such case, STATE may reimburse
grantee for eligible costs properly incurred in performance of this agreement despite
non-performance of the grantee. To qualify for such reimbursement, grantee agrees to
mitigate its losses to the best of its ability.
4. The grantee agrees that in the event of a breach of this agreement, the STATE may seek,
in addition to all remedies provide by law, specific performance of the agreement in
accordance with the purpose of the agreement to preserve, protect and increase the
quantity and quality of habitat opportunities and/or resources available to the people of the
State of California.
F. Budget Contingency Clause
For purposes of this program, if funding for any fiscal year is reduced or deleted by the
budget act, executive order, the legislature, or by any other provision of statute, the
STATE shall have the option to either cancel this agreement with no liability occurring to
the STATE, or offer an amendment to the agreement to reflect a reduced grant amount.
This paragraph shall not require the mutual agreement as addressed in Paragraph E,
subsection 2, of this agreement.
G. Indemnity
1. The grantee shall waive all claims and recourse against the STATE including the right to
contribution for loss or damage to persons or property arising from, growing out of or in
5
any way connected with or incident to this agreement, except valid legal claims arising
from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. To the fullest extent of the law, the grantee shall indemnify, hold harmless and defend
the STATE, its officers, agents and employees against any and all claims, demands,
damages, costs, expenses or liability costs arising out of an ACQUISITION,
ENHANCEMENT, RESTORATION, DEVELOPMENT, or WILDLIFE AREA ACTIVITIES
project, construction, operation or maintenance of the property described as the project
which claims, demands or causes of action arise under California Government Code
Section 895.2 or otherwise except for liability arising out of the concurrent or sole
negligence of the STATE, its officers, agents, or employees.
3. The grantee agrees that in the event the STATE is named as codefendant under the
provisions of California Government Code Section 895 et. seq., the grantee shall notify
the STATE of such fact and shall represent the STATE in the legal action unless the
STATE undertakes to represent itself as codefendant in such legal action in which event
the STATE shall bear its own litigation costs, expenses, and attorney's fees.
4. The grantee and the STATE agree that in the event of judgment entered against the
STATE and the grantee because of the concurrent negligence of the STATE and the
grantee, their officers, agents, or employees, an apportionment of liability to pay such
judgment shall be made by a court of competent jurisdiction.
5. The grantee shall indemnify, hold harmless and defend the STATE, its officers, agents
and employees against any and all claims, demands, costs, expenses or liability costs
arising out of legal actions pursuant to items to which the grantee has certified. The
grantee acknowledges that it is solely responsible for compliance with items to which it
has certified.
H. Financial Records
1. The grantee shall maintain satisfactory financial accounts, documents and records for
the project and make them available to the STATE for auditing at reasonable times.
The grantee also agrees to retain such financial accounts, documents and records for at
least five years following project termination or final payment, whichever is later.
2. The grantee shall keep such records as the STATE shall prescribe, including records
which fully disclose (a) the disposition of the proceeds of grant monies, (b) the total cost
of the project, (c) the amount and nature of project funds provided by other sources, and
(d) any other records that will facilitate an effective audit of the grant monies.
3. The grantee agrees that the STATE shall have the right to inspect and make copies of
any books, records or reports pertaining to this agreement or matters related thereto
during regular office hours. The grantee shall maintain and make available for
6
inspection by the STATE accurate records of all of its costs, disbursements and receipts
with respect to its activities under this agreement. Such accounts, documents, and
records shall be retained by the GRANTEE for at least 5 years following final payment of
grant monies.
4. The grantee shall use a generally accepted accounting system, per state and federal
requirements.
I. Use of Facilities
1. The grantee agrees to operate and maintain project sites and/or locations for the
duration of the CONTRACT PERFORMANCE PERIOD. If any property is acquired,
enhanced, restored, or developed with grant monies, the grantee is required to operate
and maintain the same for the duration of the CONTRACT PERFORMANCE PERIOD.
2. The grantee agrees that during the GRANT PERFORMANCE PERIOD, any income
earned by the grantee from a STATE_approved use of the project shall be used for
project purposes, or, if approved by the STATE, for other purposes within the grantee's
jurisdiction.
3. The grantee acknowledges that reasonable public access shall be provided except
when that access may interfere with habitat protection.
4. All facilities shall have operating hours consistent with the times proposed in the
APPLICATION and be open to members of the public in accordance with the project
selection criteria in the APPLICATION, unless otherwise granted permission by the
STATE and except as noted under the special provisions of this agreement or under
provisions of the enabling legislation and/or grant program.
5. The grantee agrees that for the duration of the CONTRACT PERFORMANCE PERIOD,
any property acquired, enhanced, restored or developed with grant monies under this
agreement.-shall be used only for the purposes of the grant and consistent with the-
GRANT SCOPE referenced in the APPLICATION unless prior written approval is given
by the STATE.
6. The grantee agrees to use any property acquired, enhanced, restored, or developed
with grant monies under this, agreement only for the purposes of the grant and no other
use, sale, or other disposition shall be permitted except as authorized by a specific act
of the legislature in which event the property shall be replaced by the grantee with
property of equivalent value and usefulness as determined by the STATE.
7. The property acquired, enhanced, restored, or developed with grant monies may be
transferred to another eligible entity only if the successor entity assumes the obligations
imposed under this agreement and with written approval of the STATE.
7
8. Any real property acquired or developed with grant monies (including any portion of it or
any interest in it) may not be used as security for any debt or mitigation, without the
written approval of the STATE, provided that such approval shall not be unreasonably
withheld as long as the purposes for which the grant monies were awarded are
maintained. Any such permission that is granted does not make the STATE a guarantor
or a surety for any debt or mitigation, nor does it waive the STATE's rights to enforce
performance under this agreement.
9. All real property or rights thereto, acquired with grant monies shall be subject to an
appropriate form of restrictive title, rights, or covenants required and approved by the
STATE. If the project property is taken by use of eminent domain, grantee shall
reimburse the STATE an amount at least equal to the amount of grant monies received
from the STATE or the pro-rated full market value of the real property, including
improvements, at the time of sale, whichever is higher.
10.If eminent domain proceedings are initiated against grantee, grantee shall notify the
STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The grantee shall not discriminate against any person on the basis of sex, race, creed,
color, national origin, age, religion, ancestry, sexual orientation, disability, medical
condition, or marital status in the use of project site(s) as included in the APPLICATION.
2. The grantee shall not discriminate against any person on the basis of residence, and
shall not apply differences in admission or other fees on the basis of residence. Fees
shall be reasonable and not unduly prevent use by economically disadvantaged
members of the public.
K. Severability
If any provision of this agreement or the application thereof is held invalid, that invalidity
shall not affect other provisions or applications of the agreement which can be given effect
without the invalid provision or application, and to this end the provisions of this contract
are severable.
L. Liability
STATE assumes no responsibility for assuring the safety of construction, site
improvements or programs related to the GRANT SCOPE. The STATE's rights under this
agreement to review, inspect, and approve the GRANT SCOPE and any final plans of
8
implementation shall not give rise to any warranty or representation that the GRANT
SCOPE and any plans or improvements are free from hazards or defects.
M. Assignability
Without the written consent of the STATE, the grantee's interest in and responsibilities
under this agreement shall not be assignable by the grantee either in whole or in part.
N. Section Headings
The headings and captions of the various sections of this agreement have been inserted
only for the purpose of convenience and are not a part of this agreement and shall not be
deemed in any manner to modify, explain, or restrict any of the provisions of this
agreement.
9
1
O. Waiver
Any failure by a party to enforce its rights under this agreement, in the event of a breach,
shall not be construed as a waiver of said rights; and waiver of any breach under this
agreement shall not be construed as a waiver of any subsequent breach.
City of Huntington Beach
Grantee
By: /
Signa I e of Nuthorized Representative (Position Authorized in the Resolution)
Title:_
c
r
Date: f,`�-51 A 7
10