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2013-630948 L THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON OCT 22,2013 DOCUMENT NUMBER 2013-0630948 Etriest J Dronenburg, Jr COUNTY'RECORDER 1 RECORDING REQUESTED BY- SAN DIEGO COUNT(RECORDER'S OFFICE California Department of Parks and Recreation TIME 413 PM 2 Office of Grants and Local Sennces 3 WHEN RECORDED MAIL TO: Office of Grants and Local Services 4 ':' PO Box 942896 Sacramento,CA 94296-0001 5 Attn: Luan Aubin SPACE ABOVE FOR RFCOR.DER'S USE 6 FOR BENEFIT OF THE CITY DEED RESTRICTION 9 Assessor's Parcel No's. 260-1_83-01,02 03 05 06.07.08 2�1 25 2ti 27 28. 2960 31 32..33 &260- 650-01✓ to 1 t I WHEREAS,City of Encinitas,a Municipal Corporation,(hereinafter referred to as -Owner(s)'"and/or"Grantee")is/are recorded owner(s) of the real property described in Exhibit A. 13 attached and incorporated herein by reference(hereinafter i-eten-ed to as the'`l'ropert}..>and the recipients 1-t of California Department of Parks and Recreation Grant 02-37-062A, and 15 II WHEREAS,the California Department of Parks and Recreation (hereinafter referred to 16 as "'DPR") is a public agency created and existing under the atithorit4 of section 5001 cif the C'alitornia 17 Public Resources Code(hereinafter referred to as the-PRC") And is III WHEREAS,Owner(s) (or Applicants)applied to DPR for grant funds available pursuant 19 Zu to the 2002 Resources Bond Act,Per Capita Program to Constrict a new park in the City of Encinitas 21 with parking, lighting,restroom,walling trails, athletic fields,turf recreation areas, basketball courts. 22 play areas and dog park. on the Property; and 23 IV WFIEREAS,on_July 1.2011 , DPR's Office of{;rants and Local Sen ices conditionally 24 approved Grant 02-37-062A,(hereinafter referred to as"Grant"")to Construct a nct3 park in the Cit} of 25 Encinitas with parking, lighting,restroom, walking trails,athletic fields, turf recreation areas, basketball '`t' courts,play areas and dog park on the Property, subject to, aniong other conditions, recordation of this 27 Deed Restriction on the Property; and i V. WHEREAS,but for the imposition of the Deed Restriction condition of the Grant,the 1 ' Grant would not be consistent with the public purposes of the 2002 Resources Bond Act, Per Capita and the funds that are the subject of the Grant could therefore not have been granted, and 4 VI. WHEREAS,Owner(s)hasrve elected to comply with the Deed Restriction of the Grant, g so as to enable Owner(s),to receive the Grant funds and perform the work described in the Grant; G NOW,THEREFORE, in consideration of the issuance Of the Grant funds by DPR,the undersigned Owner(s) for himselfi'lierselfithemselves and for his.Jierttheir heirs,assiL)7ris,and successors- in-interest,hereby irrevocably covenant(s)with DPR that the condition of the grant(set forth at 9 paragraph(s) 1 through 5 and in Exhibit B hereto)shall at all times on and after the date on which this 10 Deed Restriction is recorded constitute for all purposes covenants,conditions and restrictions on the use 11 and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective 12 components thereof' i; 1 DLIILITION_ (a)This Deed Restriction shall remain in full force and effect and shall 14 bind Owner(s) and all his:tier,theirassiLms or successors-nn-interest for the period running from July l is 2011 through June 30 2031 t� i? TAXES 11ND ASSLSMLNI'S It is intended that this Deed Restriction is irrevocable I s and shall constitute an enforceable restriction within the tncannlg of a) =article XII1, section 5,of the 1� California Constitution. and b)section 402.1 of the California Revenue and Taxation Code or successor 20 statue. l-urthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to 21 the Property withal the meaning of section 3712(d)of the C'ahfbi-nia Revenue and Taxation Code, or 2'- successor statue, which survn es a sale of tart-deeded property 2.3 3 R161 IT_01- ENTRY. DPR or its agent or employees may enter onto the Property at times 24 reasonably acceptable to Owner(s)to ascertain whether the use restrictions set forth above are being 25 observed. 2f, l RLMEDIES 'n} alt,conveyance,contract, or authorization by Owner(s)whether 27, written ar oral which uses or-wOUld cause to be used or wou id 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 t all available legal and:or equitable remedies to enforce the terms and conditions of this Deed Restriction. 2 3 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. SEVERAI3ILITY. If any provision of these restrictions is held to be invalid,or for any 6 reason becomes unenforceable,no other provision shall be affected or impaired 7 8 Dated /�� . 20 9 10 CITY OF ENCINIJI AS, A_MUNICIPAL CORPORATION H 12 Signed: 1` tNV V S.PGPA?NTZFFi?U1 IlORIl1 DR FPRI.SEN'r4rivr. I C I �oS V_I.N,A PRI\T\ANIF f ll GiTy MAND,GE-2 10 7 rrl.r i' 1<> eta **NOTARY ACK.Nt: WI—FI)GENIEN r ON THE NEXT PACYE** -1 22 1T 4 7# 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ca Yl ►1 J=e 1) On (QCi o6eC1Y,4-pl 3 before me, 61lv/f Date Here Insert Name and Title of the Otlhcer personally appeared 1�s u 5 ul/U� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(q) is/are subscribed to the within instrument and acknowledged to me that he/she4vey executed the same in his/heOtheir authorized capacity(ies), and that by his/herheir signature(s) on the O NA FRANCES IENNS instrument the person(s), or the entity upon behalf of Comnftsion#► 1878445 which the person(s) acted, executed the instrument. Notary Public-California San Diego County My Comm.ExpAres Jan 29,2014+ 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 SignaturA22A Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: b&Y-o PE S//2 i C T/o r\J Document Date- VCiZ eP_ i V,a UI Number of Pages. i H(LE� Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name. (D u S V;A 19- Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s) ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ Ge ral ❑ Attorney in Fact • - ❑Attorney in Fact El Trustee ❑Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator ❑Guardian or Co rvator EP Other Ci T-L i LYWAiA6 t-'-'— ❑Other Sn­ir Is Representing: Signe Representing: ar 02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402•www.NationaiNotary.org Item#5907 Reorder Call ToN-Free 1-800-876-6827 EXHIBIT"A" LEGAL DESCRIP'T'ION APNS: 260-183-01,02,03,05,06,07,08,24,25,26,27,28,29,30,31, 32,33&260-650-01 VESTING: CITY OF ENCINITAS,A MUNICIPAL CORPORATION PARCEL 1 THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF SECTION 22,TOWNSHIP 13 SOUTH,RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN,IN THE CITY OF ENCWI'TAS,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881,DESCRIBED AS FOLLOWS: BEGINNIIIING AT AN ANGLE POINT IN THE EASTERLY BOUNDARY OF RIDGEWAY IIEIGHTS MAP 2163,RECORDED JULY 3, 1929,AS FILE 38018,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,SAID ANGLE POINT BEING THE SOUTHERLY TERMINUS OF THAT BOUNDARY LINE HAVING A BEARING AND DISTANCE OF SOUTH 10°10'EAST 1028,19 FEET; THENCE ALONG SAID EASTERLY BOUNDARY NORTH 10 010'00"WEST 358.15 FEET TO THE SOUTHERLY LINE OF DEED RECORDED JUNE 16, 1967 AS DOCUMENT NO.86344 OF OFFICIAL RECORDS OF SAID COUNTY,AS SHOWN ON PARCEL MAP 1645,RECORDED JUNE 20, 1 973 AS FILE 73-169592 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE LEAVING SAID EASTERLY BOUNDARY,ALONG SAID SOUTHERLY LINE,NOR-111 85 053'46"EAST 717.64 FEEL'TO AN ANGLE POINT IN THE SOU'T'HERLY BOUNDARY OF PARCEL 2 OF SAID PARCEL MAP 1645; THENCE LEAVING SAID SOUTHERLY LINE OF DEED RECORDED JUNE 16, 1967 AS DOCUMENT NO 86344,AS SHOWN ON SAID PARCEL.MAP 1645,ALONG SAID SOUTHERLY BOUNDARY OF SAID PARCEL 2 NORTH 00006'18"EAST 66.76 FEET TO AN ANGLE POINT THEREIN, THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY OF SAID PARCEL 2 NORTH 89 028'20"EAST 109.87 FEET TO THE WESTERLY BOUNDARY OF HIGHWAY ROUTE 5 AS SHOWN ON MISCELLANEOUS MAP 611 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE LEAVING SAID SOUTHERLY BOUNDARY OF SAID PARCEL 2,ALONG SAID WESTERLY BOUNDARY OF HIGHWAY ROUTE 5 THE FOLLOWING COURSES: SOUTH 36 040159" EAST 224 07 FEET; THENCE SOUTH 30 010'48"EAST 400.04 FEET; THENCE SOUTH 34°27'52"EAST 401.54 FEET; THENCE SOUTH 37 059'40"EAST 303.37 FEET; THENCE SOUTH 29 027'50"EAST 300.01 FEET; THENCE SOUTH 27 018'59"EAST 400.29 FEET; THENCE SOUTH 21°10'21"EAST 399.16 FEET TO THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF SAID SECTION 22 AS SHOWN ON RECORD OF SURVEY 1299 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AS FILE NO.69617 ON JUNE 29, 1946; THENCE LEAVING SAID WESTERLY BOUNDARY OF HIGHWAY ROUTE 5,ALONG SAID SOUTHERLY LINE SOUTH 89024'46"WEST 440 63 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN GRANT DEED RECORDED JANUARY 27,2004 AS DOCUMENT NO, 2004-0063548 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE LEAVING SAID SOUTHERLY LINE,ALONG THE EASTERLY LINE OF SAID LAND DESCRIBED IN DESCRIBED IN GRANT DEED RECORDED JANUARY 27, 2004 AS DOCUMENT NO.2004-0063548 NORTH 00 008'46"EAST 151.90 FEET TO THE NORTHEAST CORNER OF SAID LAND AND THE NORTHERLY BOUNDARY OF THAT LOT SHOWN AS 1.970 ACRES ON SAID RECORD OF SURVEY 1299; THENCE LEAVING SAID NORTHEAST CORNER ALONG SAID NORTHERLY BOUNDARY SOUTH 89°24'46"WEST 118.00 Fi-,P.T`I'O THE NORTHWEST CORNER OF SAID 1.970 ACRE LOT, THENCE LEAVING SAID NORTHEAST CORNER,ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY BOUNDARY OF SAID 1.970 ACRE LOT NORTH 00 008'46"EAST 172.01 FEET TO THE NORTHEAST CORN`F,R OF THAT I.OT SHOWN AS 2.072 ACRES ON SAID RECORD OF SURVEY 1299; THENCE LEAVING SAID NORTHEAST CORNER,ALONG THE NORTHERLY BOUNDARY OF SAID 2.072 ACRE LOT SOUTH 89 024'46"WEST 615.13 FEET TO THE NORTHWEST CORNER OF SAID 2.072 ACRE LOT,SAID CORNER ALSO BEING ALONG THE NORTHEASTERLY BOUNDARY OF THAT LOT SHOWN AS 2.290 ACRES ON SAID RECORD OF SURVEY 1299; THENCE LEAVING SAID NORTHWEST CORNER,ALONG SAID NORTHEASTERLY BOUNDARY NORTH 40 04815"WEST 251.24 FEET TO A POINT ON THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22 AS SHOWN ON RECORD OF SURVEY 1 5562 FILED IN THE'OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AS FILE NO. 1997-340525 ON JULY 17, 1997,SAID POINT BEING DISTANT NORTH 00 004'46"EAST 515.77 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER SHOWN ON SAID RECORD OF SURVEY 1 5562; THENCE ALONG SAID WESTERLY LINE NORTH 00 004'46"EAST 803.61 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 22 AS SHOWN ON SAID RECORD OF SURVEY 15562; THENCE LEAVING SAID WESTERLY LINE ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22 AS SHOWN ON SAID RECORD OF SURVEY 15562 SOUTH 89024'14"WEST 332.48 FEET TO THE EASTERLY LINE OF LAND DESCRIBED IN GRANT DEED RECORDED OCTOBER 17, 1951 IN BOOK 4265,PAGE 153 OF OFFICIAL RECORDS OF SAID COUNTY, THENCE LEAVING SAID WESTERLY PROLONGATION ALONG SAID EASTERLY LINE NORTH 03053'17"WEST 87.65 FEET TO THE SOUTHWEST CORNER OF LAND DESCRIBED IN GRANT DEED RECORDED DECEMBER 29, 1961 AS FILETAGE 223809 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE LEAVING SAID EASTERLY LINE ALONG THE SOUTHERLY LINE OF SAID LAND DESCRIBED IN GRANT DEED RECORDED DECEMBER 29, 1961 AS FILE/PAGE 223809 SOUTH 89022'38"WEST 316.58 FEET TO SAID EASTERLY BOUNDARY OF RIDGEWAY HEIGHTS MAP 2163; THENCE LEAVING SAID SOUTHERLY LINE ALONG SAID EASTERLY BOUNDARY NORTH 01 000'00"EAST 226.90 FEET TO THE POINT OF BEGINNING. CONTAINING 40.96 ACRES MORE OR LESS. PARCEL 2 THAT PORTION OF THE NORTHWEST QUARTER SECTION 22,TOWNSHIP 13 SOUTH,RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN,IN THE CITY OF ENCINITAS,COUNTY OF SAM DIEGO,STATE OF CALIFORNIA,ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL. 19, 1881,DESCRIBED AS FOLLOWS: BEGIIN ING AT AN ANGLE POINT IN THE EASTERLY BOUNDARY OF RIDGEWAY HEIGHTS MAP 2163,RECORDED JULY 3, 1929,AS FILE 38018,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,SAID ANGLE POINT BEING THE SOUTHERLY TERMINUS OF THAT BOUNDARY LINE HAVING A BEARING AND DISTANCE OF SOUTH I°00' Vb'EST 599.95 FEET, THENCE ALONG SAID EASTERLY BOUNDARY N 01°00'00"EAST 232.83 FEET TO THE NORTHWEST CORNER OF LAND DESCRIBED IN CORPORATION GRANT DEED RECORDED MARCH 20, 1950 IN BOOK 3545,PAGE 270 OF OFFICIAL.RECORDS OF SAID COUNTY, THENCE LEAVING SAID EASTERLY BOUNDARY,ALONG THE NORTHERLY BOUNDARY OF SAID LAND DESCRIBED IN CORPORATION GRANT DEED RECORDED MARCH 20, 1950 IN BOOK 3545,PAGE 270,NORTH 89°22'38"EAST 328.55 FEET TO THE NORTHEAST CORNER OF SAID LAND; THENCE LEAVING SAID NORTHEAST CORNER,ALONG THE EASTERLY BOUNDARY OF SAID LAND DESCRIBED IN CORPORATION GRANT DEED RECORDED MARCH 20, 1950 IN BOOK 3545,PAGE 270,SOUTH 03°53'1 T EAST 300.06 FEET TO THE SOU-ITIE-AST CORNER OF SAID LAND DESCRIBED IN CORPORATION GRANT DEED RECORDED MARCH 20, 1950 IN BOOK 3545,PAGE 270; THENCE LEAVING SAID SOUTHEAST CORNER,ALONG THE SOUTHERLY BOUNDARY OF SAID LAND DESCRIBED IN CORPORATION GRANT DEED RECORDED MARCH 20, 1950 IN BOOK 3545,PAGE 270,SOUTH 89-22'38"WEST 344.51 FEET TO SAID EASTERLY BOUNDARY OF RIDGEWAY HEIGHTS MAP 2163, THENCE LEAVING SAID SOUTHERLY BOUNDARY,ALONG SAID EASTERLY BOUNDARY, NORTH 07013'00"WEST 67.29 FEET TO THE POINT OF BEGINNING. CONTAINING 2.34 ACRES MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT"A" THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION,IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. MICHAEL L.SCIILUMPBERGER,PIuS 7790 �G©QhN 0 SL9 * Exp. i 46LL5 A fr tpA No.7790 IV SOP CAL��O EXHIBIT "A„ PCU PM 1545 SCALE: 1"=500' PARCEL 1 KE 1A, NW 1/4' SEE SHEET 2 � 3 Nw 114 HE 114 1.111EC 22 ^T 13 3,R 4 1'Al, 356A Nrw 114 ; �G PARCEL 2 `� �ROW SEE SHEET 2 : x;116, HE 9/t — Ras 12S9 LAND s WARWICK AVE. - a No. 7790 A 1p Exp. 12/31/1 �4 �gTF OF C NOTE DATA SHOWN HEREON THIS PLAT WAS PREPARED BY ME OR IS BASED ON MAP 2163. UNDER MY DIRECTION IN CONFORMANCE WITH �T OFESSIONAL LA SURVEYOR'S ACT. ,, r+2,01s CITY OF EN CI N I TAS MICHAEL L. SCHLUMPBERGER, PLS 7790 Right-Of-Way Engineering Services, Inc. VESTING CITY OF ENCINITAS, A MUNICIPAL 615 S. Tremont Street • Oceanside. CA 92054 CORPORATION (760) 637-2700 FAX (760) 637-2701 File game: ECP-Rec Bdry for Legol.dwg - Job No. 1209-0035-06 BATE AUGUST 1, 2013 SHEET 1 OF 3 EXHIBIT "A» N89'28'20"E F-sl-2 109.87' py 1.g N00 66.76' N85'53'46"E 717.64' S'LY LINE DEED REC. x OC. SCALE, 1'=200' 0 6 16 1967 AS D I 86344 O.R., AS SHOWN °- ON PARCEL MAP 1645 O qj HE 1{4,IOW 1/4 � �? Qj4q E 914 �o ���C3 to / PARCEL 1 W'LY PROLONGATION OF (6 F/P , '90j ill LINE F cq 61-22.3809 NE 1/4, SEC 22 AS t'3. j ° } SHOWN ON ROS 15562 cn S8g'22'38 +' t om` l 318.58' SEC 22 d 8K 4265, NO3'53'17"W PO �J�.3 {i.j't 87 65 b .5'dq I. _s} L:�,— —— _.._.... g. " ' ' N892238 E ' 589`24'14"W o 328.55' y 33148' %E COR. NE 1/4, NW 1/4, SEC 22 0- z $K i5s . w PARCEL 1 PC 270 V a 0 40.96 ACRES t PARCEL 2 S W N) 2.34 ACRES l VCR.FINV x`/9" L5 Q0Ce 2 589'22'38"W e, 3 ROS 1299 44 51' m � � w o 1,/ ,HE1/4 z 7 LINE DATA L4 NOI`00'00'E 232.83' L5 N07'13'00"w 67 29' SEE SHEET „3 r CITY OF ENCINITAS VESTING CITY OF ENCINITAS, A MUNICIPAL CORPORATION DATE: AUGUST 1, 2013 LSHEET 2 OF 3 EXHIBIT "All -iS-E C SEC 22 'i 71A �S—SH plos 11 299 PARCEL 1 SCALE: 1'=200' 40.96 ACRES, 0 SIN 9/4,(m E:114, o. S89*24'46"W 615.13' Ac. LJ fD Res 1229 Ros 129 0: LLJ SW COR. SW I L4\— z (NE 1/4, SEC 22 0 Ac. S SHOWN 55 ON R c� OS 162 D o 2004-006J548 S89'24.46"W 440.63' WARWICK AVE. S'LY LINE NE 114, SEC 22, PER ROS UNE DATA 1299 Ll N00*08'46"E 151 90' CITY OF ENCINITAS L2 S89 24'46"W 118.00' L3 NOO*08'46"E 172.01* VESTING- CITY OF ENCINITAS, A MUNICIPAL CORPORATION DATE: AUGUST 1, 2013 SHEET 3 OF 31 ` . . ' State of California' Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2082 Resources Bond Act Per Capita Grant Program GRANTEE City ofEncinitas -- ------- ----------------- - - - '------'---------- - THE PROJECT PERFORMANCE PER|ODiy from_July O1�2811 �rough June 3O�0�� ___ ___ ____ CONTRACT pERFDRKAANCEPER0Diyfrom JuhD1., 2O11 �hmuQh June 3O. 2831 The Grantee agrees to the terms and conditions of this Contract, and the State of California, acting through its Director ofParks and Recreation pursuant tothe Per Capita Program in the California Clean yyahar. Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, agrees tofund the total Project Grant Amount indicated. THESE FUNDS ARE FOR THE ACQUISITION AND DEVELOPMENT OFNEIGHBORHOOD, COMMUNITY, AND REGIONAL PARKS AND RECREATION LANDS AND FACILITIES. The General and Special Provisions attached are made a part of and incorporated into the contract. Qty Encinitas xas___ — -- a,^wee CALIFORNIA By - _ -_ - _- uErxx/^«cw/ ur PARKS °,.".` "m"d2° B�f"=,*w* / Title CkyKAanuger ___ �y '-- - Datn -� Oe�e CERTIFICATION DFFUNDING 1 PROJECT NO. CO231077 400000012600 TUND ER PRJ&j'�MOUNT ITEM 3790-103-6029 33:11 Mv12 $264,00000 1 1091 i 702 GRANT CONTRACT This AGREEMENT is hereby made and agreed upon by the State of California, acting through the California Department of Parks and Recreation (hereinafter referred to as "STATE")and City of Encinitas(hereinafter referred to as "GRANTEE") pursuant to the Per Capita in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 RECITALS 1. On or about 11/12/2003 the STATE and GRANTEE entered into Grant Contract #CO207411 (hereinafter referred to as "PREVIOUS CONTRACT")for an amount not to exceed $264,000. This grant was funded in accordance with the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, also known as Proposition 40 2 The completion, date set forth in the PREVIOUS CONTRACT was 06/3012011 The GRANTEE did not complete the grant project(s) or spend',ts entire allocation prior to the contract liquidation date and, therefore, is not discharged from its obligations under the PREVIOUS CONTRACT 3 Pursuant to the PREVIOUS CONTRACT, STATE disbursed grant funds to GRANTEE in the total amount of-0, leaving a balance in the arnount of $264,000 for use by GRANTEE. 4 On or about June 30 2011, Chapter 33 of the Statutes of 20"1 (hereinafter"Budget Bill of 201'/12')was enacted Item 3790-401 stated that all grant=unds previously appropriated from Proposition 40 that have not been expended by grant recipients prior to June 30,2011 shall revert to the funds from which the appropriations were made This provisions effectively terminated STATE's authority to pay out further gran,t'unds under the PREVIOUS CONTRACT Pursuant to section 3790-103-6029 of the Budget Bill of 2011112, the Legislature appropriated an amount equivalent to the balance remaining on June 30, 2011 in the 2002 California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Fund The Legislature made these funds available for grants previously appropriated from Proposition 40 funds which are deemed to have the highest priority statewide consistent with Section 5096 633 of the Public Resources Code These funds are available for encumbrance on or before June 30, 2013, Per Government Code section 16304, the liquidation period of these funds is extended to on or before June 30, 2015 5 Pursuant to the Budget Bill of 2011112, item number 3790-103-6029 and 3790-401, STATE and GRANTEE agree to enter into this Agreement (hereinafter referred to as"CONTRACT"). which establishes terms and conditions that allow the expenditure of the newly appropriated grar-t funds established by Senate Bill 87 to compete the projects)set forth in the CONTRACT STATE and GRANTEE agree to cancel the PREVIOUS CONTRACT and agree to be bound by the terms and conditions of this CONTRACT 1 TERMS AND CONDITIONS The STATE, pursuant to the Per Capita-in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, and through authority granted by section 3790-103-6029 of the Budget Bill of 2011112, hereby grants to GRANTEE a sum (hereinafter referred to as"GRANT MONIES") not to exceed $264,000 subject to the terms and conditions of this CONTRACT, the GUIDES, any legislation applicable to the ACT, and the APPLICATION. In consideration thereof GRANTEE agrees to abide by the terms and conditions of this CONTRACT as well as the provisions of the ACT GRANTEE acknowledges that the GRANT MONIES are not a gift or a donation. In addition to the terms and conditions of this CONTRACT, the parties agree that the terms and conditions contained in the documents set forth below are hereby incorporated into and made part of this CONTRACT, a. The PROCEDURAL GUIDE; b. The submitted APPLICATION(S) I. GENERAL PROVISIONS A. Definitions As used in this CONTRACT, the following words shall have the following meanings. 1 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 2. The term "ACT"means the statutory basis for these grant programs. 3 The term "APPLICATION" means the individual project application packet(s)for a grant(s) pursuant to the enabling legislation and/or grant program process guide requirements. 4 The term "COMPETITIVE GRANT PROGRAM" means the Urban Park Act of 2001, the Murray Hayden Urban Youth Services Program, the State Urban Parks and Healthy Communities Act, the Roberti-Z'berg-Harris Nonurban Needs Basis, Roberti- Z'berg-Harris Urban Needs Basis or California Youth Soccer and Recreation Development program. 5 The term "CONTRACT PERFORMANCE PERIOD" means the period of time described in Section 1 of this CONTRACT The "CONTRACT PERFORMANCE PERIOD"means the period of time during which the GRANTEE must use the property acquired or developed with the grant for purposes consistent with the grant. 2 6. The term "DEVELOPMENT"means capital improvements to real property by means of construction of permanent or fixed features of the property 7. The term"GRANT PERFORMANCE PERIOD"means the period of time described in the Section I of this contract during which eligible costs can be charged to the grant and which begins on the date of appropriation and ends on the fund liquidation date. 8. The term"GRANT SCOPE"means the items listed in the GRANT SCOPEICost Estimate Form(s)found in the APPLICATION(s). 9. The term "PROCEDURAL GUIDE"means the document identified as the"Procedural Guide for the 2002 Resources Bond Act[subprogram name].The GUIDE provides the procedures and policies controlling the administration of the grant. 10. The term "PROJECT TERMINATION" refers to the non-completion of a GRANT SCOPE 11 The term "REASONABLE HOURS OF OPERATION" means that the facility is available to the public during days and times consistent with the type of property, the amount of the STATE GRANT MONIES invested in the project, the time of year, and the operating hours of similar facilities in nearby communities 12 The term "STATE" refers to the State of California acting by and through the California Department of Parks and Recreation B. Project Execution 1 Subject to the availability of GRANT MONIES in the ACT, the STATE hereby grants to the GRAN;EE a sum of money not to exceed $264,00 0 in consideration of, and on condition that, the sum be expended in carrying out the purposes set forth in the GRANT SCOPE(S), and under the terms and conditions set forth in this CONTRACT The GRANTEE shall assume the obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S). 2. All changes and alterations to the GRANT SCOPE must be approved in writing by the STATE GRANTEE'S failure tc comply with this provision may be construed as a breach of the terms of the CONTRACT and result in the enforcement of the Project Termination provision section F.found in this CONTRACT. If the contract was funded under a COMPETITIVE GRANT PROGRAM, the GRANTEE agrees that any other project changes or alterations which deviate from the project selection criteria responses provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval This requirement is necessary to maintain the integrity of the competitive grant process 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 CONTRACT, and under the terms and conditions of this CONTRACT 3 i 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 and 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.0 §12101 et.seq.)and the California Unruh Act(California Civil Code §51 et seq.) 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, STATE agrees to notify GRANTEE within a reasonable time D. Project Administration 1 if GRANT MONIES are advanced for ACQUISITION projects,the GRANT MONIES shall be placed in an escrow account by GRANTEE If GRANT MONIES are advanced and not expended GRANTEE shall return the unused portion of the advanced funds to the STATE within 60 days after the close of escrow. 2 if GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account by GRANTEE until expended. Advanced funds must be spent within six months from the date of receipt, unless the STATE provides GRANTEE with a written waiver of 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 grant and any 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 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 on page one of this CONTRACT 4 4. The STATE shall have the right to inspect all property or facilities acquired and/or developed pursuant to this CONTRACT 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 DEVELOPMENT,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 shall revert to the STATE. E. Deed Restriction 1. In order to ensure that property improved or acquired with GRANT MONIES are used for purposes consistent with the grant, if the property acquired or developed with GRANT MONIES is owned by the GRANTEE,the GRANTEE must record a deed restriction on the title to property prior to receiving payments for any purpose other than acquisition.The Deed Restriction shall include the following elements: a DURATION. (a)This Deed Restriction shad remain in full force and effect and shall hind Owner(s)and all his/her/their assigns or successors-in-interest during the CONTRACT PERFORMANCE PERIOD, b i'AXES AND ASSESMENTS. The Deed Restriction shall be irrevocable and shall constitute an enforceable restriction within the meaning of a)Article XIII, section 3, of the California Constitution; and b) section 432.1 oz ti-e California Revenue and Taxation Code or successor statue Furthermore, the Deed Restriction shall oe deemed to constitute a servitude upon and burden to the Property within the mean;ng of section 3712(d)of the California Revenue and Taxation Code or successor statue, which survives a sale or tax-deeded property. c RIGHT OF ENTRY. STATE or its agent or employees r may enter onto the Property at times reasonably acceptable to Owner(s)to ascertain whether the use restrictions set forth above are being observed d REAMEDIES. 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 the Deed Restriction will be deemed a violation and a breach hereof STATE may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of the Deed Restriction. In the event of a breach, any forbearance on the part of STATE to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach F. Project Termination 1 In the event of non-completion of a GRANT SCOPE,the GRANTEE shall return all GRANT MONIES to the STATE 2, This CONTRACT may be rescinded, modified or amended only by mutual written CONTRACT between the GRANTEE and the STATE,unless the provisions of this 5 CONTRACT provide that mutual CONTRACT is not required for a rescission, modification or CONTRACT 3. Failure by the GRANTEE to comply with the terms of this CONTRACT,as well as any other grant contracts or other CONTRACTs that GRANTEE has entered into with STATE,may be cause for suspension of a!1 obligations of the STATE under this CONTRACT 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. The GRANTEE agrees that in the event of a breach of this CONTRACT, the STATE may seek, in addition to all remedies provided by law, specific performance of the CONTRACT in accordance with the purpose of the CONTRACT to preserve, protect and increase the quantity and quality of parks, public recreation facilities, opportunities and/or historic resources available to the people of the State of California. G. 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 contract with no liability occurring to the STATE, or offer a CONTRACT to GRANTEE to reflect a reduced grant amount. This paragraph shall not require the mutual CONTRACT as addressed in Paragraph F, subsection 2,of this CONTRACT. H. 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 any way connected with or incident to this CONTRACT 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 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 6 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 vAth items to which it has certified. I. 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 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 use 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 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 5 years following final payment of GRANT MONIES 4 The GRANTEE shall use a generally accepted accounting system. J. Use of Facilities i The GRANTEE agrees to operate and maintain any 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, any income earned by the GRANTEE from a STATE approved non-recreational use of the project shall be used for recreational purposes at the project, or, if approved by the STATE, for recreational purposes within the GRANTEE'S jurisdiction 7 3. If the APPLICATION does not specify the days and hours of operation, the facility will have REASONABLE OPERATING HOURS. The GRANTEE shall request the STATE'S approval before making any changes to the hours of operation 4. If the APPLICATION specifies the hours of operation, the facility 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 CONTRACT 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 or developed with GRANT MONIES under this CONTRACT 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 or developed with GRANT MONIES under this CONTRACT 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 STATE 7. The property acquired or developed with GRANT MONIES may be transferred to another eligible entity only if the successor entity assumes the obligations imposed under this CONTRACT and with written approval of the STATE. B 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 CONTRACT. 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 STATE within 10 days of receiving the complaint. K. 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 property or a specific facility included in the GRANT SCOPE(S). 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. L. 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 M. Liability STA;E assumes no responsibility for assuring the safety 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 N. Assignability Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be ass.gnable by the GRANTEE either in whole or in part. 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 9 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 Encinitas Grantee Y: Signature of Authorized epresentative (Position Authorized in the Resolution) Title City Manager Date. 10