HomeMy WebLinkAboutCC Resolution 15070 (Sun Valley Park Deed Restriction)RESOLUTION NO. 15070
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER
TO EXECUTE A DEED RESTRICTION ON THE CITY OWNED PARCEL (APN 010-071-01)
FOR SUN VALLEY PARK
WHEREAS, in 2018 voters passed Proposition 68, the “Parks, Environment and Water
Bond Act of 2018” which provides a variety of funding opportunities for local jurisdictions including
one grant opportunity through Prop 68 known as the Per Capita Grant Program; and
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility by the Legislature of the State of California for the administration of the Per Capita
Grant Program; and
WHEREAS, in 2019 the City submitted the Per Capita Allocation Questionnaire to
determine the City’s allocation under the grant program which is based on population; and
WHEREAS, in July, 2020 the State notified the City of their allocation amount of
$177,952.00; and
WHEREAS, on November 16, 2020 City Council adopted Resolution No. 14872 approving
an application for Per Capita Grant Funds to go towards Sun Valley Park Playground Project; and
WHEREAS, the City owns the real property on which Sun Valley Park is situated and the
State Department of Parks and Recreation requires a deed restriction to be recorded on the title
where the grantee owns the project land, to allow allocation of the grant funds; and
WHEREAS, the deed restriction must be recorded on the title where the grantee owns the
project land and shall be in effect from July 1, 2018 through June 30, 2048.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael the
City Manager is hereby authorized to execute the Deed Restriction on the City Owned Parcel
(APN 010-071-01) attached as Exhibit A, for the Sun Valley Park Playground Project.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of said City held
on Monday, the 16th day of May 2022 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Lindsay Lara, City Clerk
RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Dennis Carlson
COPY of Document Recorded
2:2,0,PM 1 -Jul -2022 2022-002537:1
Has not been corrip_ ared Wraith
original
MARIN COUNTY RECORDER
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
DEED RESTRICTION
L WHEREAS, City of San Rafael (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
Il. 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 California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018
Parks Bond Act, 2018 Parks Bond Act Per Capita Program to Replace play equipment and renovate
ADA access to playground on the Property; and
IV. WHEREAS, on _July l , 2020, DPR's Office of Grants and Local Services conditionally
approved Grant 18-21-004, (hereinafter referred to as "Grant") to Replace play equipment and renovate
ADA access to playground on the Property, subject to, among other conditions, recordation of this Deed
Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the
Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond
Act Per Capita 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,
2018 through June 30, 2048.
2. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the
California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor
statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to
the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or
successor statue, which survives a sale of tax -deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being
observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether
written or oral which uses or would cause to be used or would permit use of the Property contrary to the
terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and
all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction
up to and including a lien sale of the property. 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.
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: v UA e 90_, 20 A`
Business Name (if property is owned by a business):
Owner(s) Name(s): City of San Rafael
Signed:- a
Ji C t2 Ci Ma ager
PRINT/TYPE NAME & TITL • ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE)
Signed:
PRINT/TYPE NAME & TITLE OF ABOVE
(ADDITIONAL SIGNATURE, AS REQUIRED)
**NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document_
State of California
County of Marin
On dL.Ch i° before me, Brenna Kathleen Nurmi, Notary Public
(insert name and title of the officer)
personally appeared v jA-j Ul%�1 G� f Z
who proved to me on the basis of satisfactory evidence to be the NeS
n whose name i e
bscri ed to the within instrument and acknowle ed to me that Ith executed he same in
hi /h lth/r authorized capacity(i�), and that boh- it signature( on the instrument the
person or 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.
WITNESS my hand and official seal.
Signature
BRENNA KATHLEEN NUTI
< =-
Notary Public -California
€ = Marin County
Commission K 2297544
(Seal) MY Comm, Expires Jul 1E, 2023
FOR VALUE RECEIVED, WELLS FARGO BAfqK & UNION TRUST CO., a corpora-
_,,
tion, and WELLS FAB.GO BAl~K & UNION TRUST CO., Trustee under the L"l st ·11ill
/
and Testament of Edgar M. Wilson, deceased,
GRANTS TO
the CITY OF SAN RAFAEL,~ municipal corporation, wi. thout. 1Nar1.•9_nty or im-
plied covenants, :eol_ly fOI l!.lte we 'i.J5 €ie Ci=t;:y elf @SB rwr@Cl !et 1§&6118
'¥fCT'k.stiiJ~1en's 1/J:a:s 6 1 1,md 111111111se:s, all its right, title and interest,
in and to that certain parcel of land loc~ted in the City of San Rafael,
County of Marin, State of California, more particularly described as fol-
lows:
BEGINNING at the most Ea.sterly corner of Lot 150, Sun
Valley Unit #2, San Rafael, C~lifornia, as shown on map
filed August 7, 19Lr3, iri. Eook ~ of Maps at pa.ge 100, .1111a.rin
County Records; runnin5 thence along the exterior bounda.ry
line of Sun Valley Unit #2 and Unit #1 South 39° 48' V.'est
COMPARED ,~~~g 310 feet; thence leaving seid bounc.l.ar7 line South 51° 00'
E1?.st 50 feet; thence in a curve to the right, whose center
-F=~-0-/..,,,, ---~bears E:outh 39° 00' E est, and whose radius is 800 feet, a
distance of 220 feet; thence North 43° 59 1 -East 3/iJ.64-5
feet; thence North 50° 12' ·::est 285 feet to the poirit of
be5inning, together with a roadvmy easement over the ex-
tension of Sola.no Street to the Southerly extension of the
Easterly line of the above-described property.
IN WITNEEE V•.P...E.fi.EOF, the said granter has ce.used this deed to be signed
by its officers thereunto duly authorized and its corpornte seal to be af-
fixed this 2.."~y of Januery, 1945.
WELLS .F'ARC-0 BJ..l"JK & UNION TRUST CG. ,
By
By ,0[f/4 ------------A sistant Trust Cfficer
./
WELLS FARGO S.ANK & mno~ TRUeT co.,
Trustee under Last Wi}l ana Testament
of Edgar ·· v~ j
,--C
-~~..::_.......:..:::_-=... __________ _
/ sistant Trust Officer
STATE OF CALIFORNIA i
City and County of San FranciscoS lss.
NANCY EVERETT
NOTARY PUBLIC 34 SUTTER STREET
PHONE EXBRCJCJK 5S10
~
N A ~
1 t~······/; ;t··;:·~·~·:···:;:o::;·· ;b7ir:··in and for the Gizy and··;~:·::,
4
:~;n b;!:::i:;::
State ol Ca/i/omia, residing therein, duly commissioned and sworn, persona//y appeared .n!J;:.::~~·~~.~LJ/_L~ru1.t~
<t:t::t:::::"z ~~;::~:~.~~,;~~:~~:~;~=::;~~:~:~;~~~~~:~~:;~~~
be the 'p erso11.:#..who executed the 111ithin instrument on behalf of the Cnrporation ...... therei11 named
and acknowledged to me that such Corporation ...... exemted the same.
IN WITNESS WHEREOF, I have hereunto set my hang,.apd affixed my Official Seal at my
of.lice in the City and County of Sa , rancisco, State of Calif~nia, '.the day and year in this certificate
first above written. I V ·
-· -----······-----------··............................................... -----------------------·····
Notary Public in and for the iry and County of San Francisco, State of California
My C&m.izy ssion Expires November 2, 194 6
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program
GRANTEE
THE PROJECT PERFORMANCE PERIOD is from
Grantee
The General and Special Provisions attached are made a part of and incorporated into the Contract.
By
Title
Date
(Signature of Authorized Representative)
By
Date
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
City of San Rafael
City of San Rafael
City Manager
The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting
through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees
to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost
Estimate Form or acquisition documentation for the application(s) filed with the State of California.
PROJECT NO.
CERTIFICATION OF FUNDING
(For State Use Only)
AMOUNT ENCUMBERED BY THIS DOCUMENT
CONTRACT NO
FUND.
PRIOR AMOUNT ENCUMBERED FOR THIS
CONTRACT
FISCAL SUPPLIER I.D.
TOTAL AMOUNT ENCUMBERED TO DATE
$
ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured.Account/Alt Account. ACTIVITY CODE PROJECT / WORK PHASE
2021/22
C9801372
3790-101-6088 29
69801
Drought, Water, Cln Air, Cstl Protc, Outdoor Fund
37900091 5432000-5432000000
$177,952.00
0000006973
18
AMENDMENT NO
$177,952.00
CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048
July 01, 2018 through June 30, 2024
18-21-004
11/10/2021
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11/29/2021
1
I. RECITALS
This CONTRACT is entered into between the California Department of Parks and
Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and
City of San Rafael (hereinafter referred to as “GRANTEE”).
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT
MONIES”) not to exceed _$177,952___, subject to the terms and conditions of this
AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018,
Item number – 3790-101-6088 (appropriation chapter and budget item number
hereinafter referred to as “PER CAPITA GRANT”). These funds shall be used for
completion of the GRANT SCOPE(S).
The Grant Performance Period is from _July 01, 2018_ to _June 30, 2024_.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal
Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this
CONTRACT.
2. The term “APPLICATION” means the individual project APPLICATION packet for a
project pursuant to the enabling legislation and/or grant program process guide
requirements.
3. The term “DEPARTMENT” or “STATE” means the California Department of Parks
and Recreation.
4. The term “DEVELOPMENT” means capital improvements to real property by
means of, but not limited to, construction, expansion, and/or renovation, of
permanent or fixed features of the property.
5. The term “GRANTEE” means the party described as the GRANTEE in Section I of
this CONTRACT.
6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost
Estimate Form or acquisition documentation found in each of the
APPLICATIONS submitted pursuant to this grant.
7. The term “PROCEDURAL GUIDE” means the document identified as the
“Procedural Guide for California Drought, Water, Parks, Climate, Coastal
Protection, and Outdoor Access For All Act of 2018 Per Capita Program.” The
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PROCEDURAL GUIDE provides the procedures and policies controlling the
administration of the grant.
B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the
GRANTEE a sum of money not to exceed the amount stated in Section I of this
CONTRACT, in consideration of, and on condition that, the sum be expended in
carrying out the purposes as set forth in the scope described in the enabling
legislation and referenced in the APPLICATION, Section I of this CONTRACT, and
under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that
may be necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT
SCOPE(S) in writing to the STATE for prior approval. This applies to any and all
changes that occur after STATE has approved the APPLICATION. Changes in the
GRANT SCOPE(S) must be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time
of the Performance Period set forth in Section I of this CONTRACT, and under the
terms and conditions of this CONTRACT.
3. 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.).
4. The GRANTEE shall comply with all applicable current laws and regulations
affecting DEVELOPMENT 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.).
C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its
procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any
changes to its procedures and guidelines, STATE agrees to notify GRANTEE
within a reasonable time.
D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced
funds shall be placed in an interest bearing account until expended. Interest
earned on the advanced funds shall be used on the project as approved by the
STATE. If grant monies are advanced and not expended, the unused portion of the
DocuSign Envelope ID: 279CF149-C4E2-4365-95D7-D4E491E64C5F
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grant and any interest earned shall be returned to the STATE within 60 days after
project completion or end of the Grant Performance Period, whichever is earlier.
2. The GRANTEE shall submit written project status reports 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 in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed
pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any
grant funds that have not been expended by the GRANTEE shall revert to the
STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the
commencement of the project. The commencement of the project means the date
of the letter notifying GRANTEE of the award or when the funds are appropriated,
whichever is later. After project commencement, this CONTRACT may be
rescinded, modified or amended only by mutual agreement in writing between the
GRANTEE and the STATE, unless the provisions of this CONTRACT provide that
mutual agreement is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL
GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as
any other grant contracts, specified or general, that GRANTEE has entered into
with STATE, may be cause for suspension of all obligations of the STATE 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 CONTRACT despite non-performance of the GRANTEE. To
qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best
of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by
the GRANTEE shall be a default of this CONTRACT. In the case of any default by
GRANTEE, STATE shall be entitled to all remedies available under law and equity,
including but not limited to: a) Specific Performance; b) Return of all GRANT
MONIES; c) Payment to the STATE of the fair market value of the project property
or the actual sales price, whichever is higher; and d) Payment to the STATE of the
costs of enforcement of this CONTRACT, including but not limited to court and
arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes
DEVELOPMENT, final payment may not be made until the work described in the
GRANT SCOPE is complete and the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
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If funding for any fiscal year is reduced or deleted by the budget act for purposes of this
program, the STATE shall have the option to either cancel this contract with no liability
occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the
reduced grant amount. This Paragraph shall not require the mutual agreement as
addressed in Paragraph E, provision 2, of this CONTRACT.
G. Hold Harmless
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 any way connected with or incident to this CONTRACT except
claims arising from the concurrent or sole negligence of the STATE, its officers,
agents, and employees.
2. 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 the ACQUISITION, DEVELOPMENT,
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 GRANTEE agrees to pay the STATE’s
litigation costs, expenses, and reasonable attorney 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.
Neither party shall request a jury apportionment.
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, including
loan documents, and all other records for the project and to make them available to
the STATE for auditing at reasonable times. The GRANTEE also agrees to retain
such financial accounts, documents and records for five years following project
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termination or issuance of 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 STATE funding
assistance, (b) the total cost of the project in connection with such assistance that is
given or used, (c) the amount and nature of that portion of the project cost supplied
by other sources, and (d) any other such records that will facilitate an effective
audit.
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 contract or matters related
thereto during regular office hours. The GRANTEE shall maintain and make
available for inspection by the STATE accurate records of all of its costs,
disbursements and receipts with respect to its activities under this contract. Such
accounts, documents, and records shall be retained by the GRANTEE for at least
five years following project termination or issuance of final payment, whichever is
later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property
acquired or developed with the GRANT MONIES, for the duration of the Contract
Performance Period.
2. The GRANTEE agrees that, during the Contract Performance Period, the
GRANTEE shall use the property acquired or developed with GRANT MONIES
under this contract only for the purposes of this grant and no other use, sale, or
other disposition or change of the use of the property to one not consistent with
its purpose shall be permitted except as authorized by the STATE and the
property shall be replaced with property of equivalent value and usefulness as
determined by the STATE.
3. The property acquired or developed may be transferred to another entity if the
successor entity assumes the obligations imposed under this CONTRACT and
with the approval of STATE.
4. Any real Property (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 was awarded are maintained. Any such permission
that is granted does not make the STATE a guarantor or a surety for any debt or
mitigation, nor does it waive the STATE’S rights to enforce performance under
the Grant CONTRACT.
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5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject
to an appropriate form of restrictive title, rights, or covenants approved by the
STATE. If the project property is taken by use of eminent domain, GRANTEE
shall reimburse STATE an amount at least equal to the amount of GRANT
MONIES received from STATE or the pro-rated full market value of the real
property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall
notify 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, color, national origin, age, religion, ancestry, sexual orientation, or disability
in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of
residence except to the extent that reasonable differences in admission or other
fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted
under the special provisions of this project contract or under provisions of the
enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that
invalidity shall not affect other provisions or applications of the CONTRACT which can
be given effect without the invalid provision or application, and to this end the
provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of
construction, site improvements or programs related to the GRANT SCOPE.
The STATE’S rights under this CONTRACT to review, inspect and approve
the GRANT SCOPE and any final plans of 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.
2. GRANTEE will secure adequate liability insurance, performance bond,
and/or other security necessary to protect the GRANTEE’s and STATE’S
interest against poor workmanship, fraud, or other potential loss associated
with completion of the grant project.
M. Assignability
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Without the written consent of the STATE, the GRANTEE’S interest in and
responsibilities under this CONTRACT shall not be assignable by the GRANTEE
either in whole or in part.
N.Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the
purpose of making any leverage loan, pledge, promissory note or similar financial
device or transaction, without: 1) the prior written approval of the STATE; and 2)
any financial or legal interests created by any such leverage loan, pledge,
promissory note or similar financial device or transaction in the project property
shall be completely subordinated to this CONTRACT through a Subordination
Agreement provided and approved by the STATE, signed by all parties involved in
the transaction, and recorded in the County Records against the fee title of the
project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been
inserted only for the purpose of convenience and are not a part of this CONTRACT
and shall not be deemed in any manner to modify, explain, or restrict any of the
provisions of this CONTRACT.
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a
breach, shall not be construed as a waiver of said rights; and the waiver of any
breach under this CONTRACT shall not be construed as a waiver of any
subsequent breach.
_City of San Rafael____________________________________
GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________
City Manager
11/10/2021
DocuSign Envelope ID: 279CF149-C4E2-4365-95D7-D4E491E64C5F
11/29/2021