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LAC Regional Park and Open Space District - PB Open Space (Barkentine) Grant No 58H4-01-1284 (,/i----"\ LOS ANGELES COUNTY Ro cts acounty.gov REGIONAL PARK AND ParksPrjets.lacounty.org OPEN SPACE DISTRICT twitter.com/RPOSD 510 South Vermont Avenue • Room 230 • Los Angeles • CA 90020-1975 (213) 738-2981 Received City of Rancho Palos Verdes APR 32017 March 29, 2017 Public Works Department Lauren Remezani Senior Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275-5391 Dear Ms. Ramezani: Portuguese Bend Open Space Acquisition Grant No. 58H4-01-1284 Enclosed for your file is a fully executed grant amendment for the project referenced above. Please make all payments and send all remaining documents to the District before the project expiration date or notify me if there will be a delay. I can be reached at (213) 738-4251 or via email at schang@parks.lacounty.gov if you have any further questions. Sincerely, Steven Chang Program Manager Encl. , :r. Project 4greement-V16 Page 1 of 10 PROJECT AGREEMENT-V16 'I 7 «A�,R _7 o Los Angeles County Regional Park and Open Space District Grant (From the Los Angeles County Proposition A,Safe Neighborhood Parks,Gang Prevention,Tree-Planting,Senior and Youth Recreation, Beaches and Wildlife Protection("the 1992 Proposition"),which voters approved on November 3,1992;and Los Angeles County Proposition A,Safe Neighborhood Parks Act("the 1996 Proposition"),which voters approved on November 5, 1996. Grant No.: 58H4-01-1284 The Grantee listed below("Grantee")and the Los Angeles County Regional Park and Open Space District("the District") do hereby enter into this Project Agreement-V16("this Agreement"),and under the terms and conditions of this Agreement,Grantee agrees to complete the project as described in the Description of the Project and the District,acting through the Director of the County of Los Angeles Department of Parks and Recreation and pursuant to the Propositions, agrees to fund the project up to the total grant amount indicated. Grantee: City of Rancho Palos Verdes Project Name: Portuguese Bend Open Space Acquisition Grant Amount: Four million dollars ($4,000,000.00) Awarded pursuant to Section(s): 3. c. 2. SS. Description of Project: Acquisition of unimproved property in the Portuguese Bend Area located in the City of Rancho Palos Verdes. Project Performance Period: FROM: 11/05/1996 TO: 12/31/2017 Project Agreement-V16 Page 2 of 10 Special Provisions A. The Project Agreement is hereby rescinded,in its entirety,and replaced,without limitations,with the attached project agreement(Project Agreement-V16),hereinafter referred to as"this Agreement",effective upon execution by all parties. General Provisions A.Definitions 1. The term"Grantee"as used herein means the party described as Grantee on Page 1 of this Agreement and any future successor(s). 2. The term"Application"as used herein means the individual application,and its required attachments,for the grant identified on Page 1 of this Agreement. 3. The term"Board of Supervisors"means the County of Los Angeles Board of Supervisors,acting in its capacity as the governing body of the District. 4. The term"District"as used herein means the Los Angeles County Regional Park and Open Space District. Unless otherwise specified herein,the Director of the County of Los Angeles Department of Parks and Recreation shall administer this contract on behalf of the District. 5. The term"Procedural Guide"as used herein means the Procedural Guide(s),and any subsequent amendments or changes thereto,issued by the District for grants awarded pursuant to the section(s)of the Propositions as described on Page 1 of this Agreement. 6. The term"Project"as used herein means the Project that is described on Page 1 of this Agreement. 7. The term"Propositions"as used herein means Los Angeles County Proposition A,Safe Neighborhood Parks,Gang Prevention,Tree-Planting,Senior and Youth Recreation,Beaches and Wildlife Protection,which voters approved on November 3, 1992 and Los Angeles County Proposition A,Safe Neighborhood Parks,which voters approved on November 5, 1996. B.Project Execution 1. Subject to the availability of grant monies from the Propositions,the District hereby grants to the Grantee a sum of money(grant monies)not to exceed the amount stated on Page 1 in consideration of,and on the condition that the sum be expended in carrying out,the purposes set forth in the Description of Project on Page 1 and under the terms and conditions set forth in this Agreement,the Propositions(see Attachment A)and the attached Application(see Attachment B). Grantee agrees to furnish any additional funds that may be necessary to complete the Project.Grantee agrees to budget and appropriate annually,in each fiscal year until completion of the Project,an amount equal to the total estimated cost of the Project less the grant amount stated on Page 1 of this Agreement. 2. Grantee agrees to complete the Project in accordance with the time of Project performance as set forth on Page 1,and under the terms and conditions of this Agreement and the Procedural Guide. The time of Project performance may be extended upon mutual agreement,in writing,of the Grantee and District. The requirements of the Propositions and of this Agreement last in perpetuity and may be enforced by the District at any time. 3. Grantee shall comply as lead agency with the California Environmental Quality Act,Public Resources Code, Section 21000,et.seq. Prior to submitting requests for reimbursement of actual construction or acquisition costs,Grantee agrees to file with the District a copy of the Mitigated Environmental Impact Report or Negative Project Agreement-V16 Page 3 of 10 Declaration along with a response from the State Clearinghouse,if required;and a copy of the Notice of Determination filed with,and stamped by,the County Clerk;or,if the Project is categorically exempt,then a copy of the Notice of Exemption filed with,and stamped by,the County Clerk,or at the District's sole discretion,other written certification of exemption as deemed acceptable by the District. 4. Grantee agrees that,prior to incurring actual development and/or acquisition costs,it will submit all requested development and/or acquisition documents to the District for prior review and approval. 5. Grantee shall use monies allocated in this Agreement,to the maximum extent practical,to employ youth from the community in which the Project is being carried out. Grantee is encouraged,and has authority to use said monies,to provide funding through agreements with community conservation corps,the California Conservation Corps and other community organizations,particularly when youth can be employed to work on restoration or rehabilitation projects being carried on in their own communities. Such agreements shall be entered into solely for the accomplishment of the Project described on Page 1 of this Agreement. Therefore,prior to requesting reimbursement for actual construction,development or acquisition costs,Grantee must submit a report to the District describing its efforts to employ youth in the community. The report shall contain,at a minimum,the number and approximate age of youth to be employed at each stage of the Project,a description of the work the youth will perform,the process by which the youth shall be employed,the amount the youth will be paid and,the name of any organizations or agencies that will supply youth to be employed on the Project,as well as a description of Grantee's efforts to employ youth in every stage of the Project. Grantee must comply fully with all State and Federal laws regarding the employment of youth on the Project. Notwithstanding the above,the District reserves the right to establish goals for the employment of youth if,in the District's opinion,it is necessary to do so in order to accomplish the purposes of the Propositions. 6. Grantee agrees to file with the District copies of any contracts or agreements executed for work on the Project. Grantee further agrees that it will make a good faith effort to recruit and promote minority-owned and women- owned businesses to participate in the process for the award of any contracts or agreements executed for work on the Project. Therefore,when filing with the District a copy of any contract or agreement for work on the Project,said copy will be accompanied,at a minimum,by a description of the process used for identifying minority and women contractors or vendors;a list of firms from which the Grantee solicited or received offers;and comparative statistics regarding the minority and women participation and percentage of minority and women ownership of each contractor and subcontractor working on the Project. In addition,said copy will be accompanied by a statement affirming that,on final analysis and consideration of award,contractor or vendor was selected without regard to race,color,creed or gender,unless City,State or Federal laws and/or regulations or court decisions require otherwise,in which case the Grantee will state the applicable reason. Grantee further agrees to retain on file,and to make available to the District on request,statistical information regarding the minority and women participation and percentage of minority and women ownership in each firm participating in the bidding process. 7. Grantee agrees to secure completion of the development work in accordance with the approved development plans and specifications or force account schedule. 8. Grantee agrees to permit the District to make periodic site visits to determine if development and/or work is in accordance with the approved plans and specifications,or force account schedule,including a final inspection upon Project completion. 9. Any modification or alteration in the Project,as set forth in the Application on file with the District,must be submitted,in writing,to the District for prior approval. No modification shall be effective until and unless the modification is executed by both Grantee and the District. 10. If the Project includes acquisition of real property,Grantee agrees to comply with Chapter 16(commencing with Project Agreement-V16 Page 4 of 10 Section 7260)of Division 7 of Title 1 of the Government Code and any applicable federal,state,or local laws or ordinances. Documentation of such compliance will be made available for review upon the District's request. 11. If the Project includes acquisition of real property,Grantee agrees to furnish the District preliminary title reports respecting such real property or such other evidence of title that the District determines to be sufficient. Grantee agrees in negotiated purchases to correct,prior to or at the close of escrow,any defects of title that in the opinion of the District might interfere with the operation of the Project. In condemnation actions,such title defects must be eliminated by the final judgment. 12. If the Project includes landscaping,Grantee shall use drip irrigation systems and shall use drought-resistant or xerophytic trees,plants,lawn or sod,unless Grantee can show,to the District's satisfaction,that it is infeasible to do so. 13. To the maximum extent feasible,grantee shall cause to be recorded on the title of any real property acquired and/or developed with funds from the Propositions,a deed restriction requiring compliance with the Propositions and this Agreement,in perpetuity. C.Project Costs The grant money provided under this program may be disbursed as follows: 1. If the Project includes acquisition of real property,the District may disburse to Grantee the grant monies as follows,but not to exceed,in any event,the District grant amount set forth on Page 1 of this Agreement: a. When acquisition is by negotiated purchase,the District may disburse the amount of the District-approved purchase price together with District-approved costs of acquisition. The District-approved purchase price shall not exceed the value contained in a valid appraisal report,unless the District agrees,in advance,to the higher price. b. When acquisition is allowed pursuant to the Propositions through eminent domain proceedings,the District may disburse the amount of the total award,as provided for in the final order of condemnation,together with District-approved costs of acquisition. Grantee shall bear all costs and make all advances associated with obtaining an order of immediate possession in an eminent domain proceeding. c. In the event Grantee abandons such eminent domain proceedings,Grantee agrees that it shall bear all costs in connection therewith and that no grant monies shall be disbursed for such costs. 2. If the Project includes development,after the completion of the Project or any phase or unit thereof,the District will disburse funds to Grantee only after the District has reviewed and approved all requested development documents and has received from Grantee a statement of incurred costs. The District may disburse funds in the amount of District-approved incurred costs shown on such statement,but not to exceed the District grant amount set forth on Page 1 of this Agreement,or any remaining portion of the grant amount. The statements to be submitted by Grantee shall set forth in detail the incurred costs of work performed on development of the Project and whether performance was by construction contract or by force account. Statements shall not be submitted more frequently than once a month,unless the District requests otherwise. The District must approve modifications of the development plans and specifications and/or force account schedule prior to any deviation from the District-approved plans and specifications,and/or force account schedule,unless previously authorized by the District. 3. The District may retain up to ten(10)percent of the grant amount pending project completion and verification that the Grantee has satisfied all terms and conditions of this Agreement. Within three(3)months of Project completion,Grantee must submit final project documents. The District will not make final payment,including but not limited to the ten percent retention,until it has received all closing documents from the Grantee and has made a final Project inspection. At the District's discretion,the District also may perform an audit of Grantee's Project Agreement-V16 Page 5 of 10 Project expenditures before final payment is made. Nothing in this section precludes the District from performing an audit of Project expenditures at a later date in accordance with Section I of this Agreement. D.Project Administration 1. Grantee agrees to promptly submit any reports that the District may request. In any event,Grantee shall provide to the District a report showing total final Project expenditures. 2. Grantee agrees that property and facilities acquired or developed pursuant to this Agreement shall be available for inspection upon the District's request in perpetuity. 3. Grantee agrees to use any monies disbursed by the District under the terms of this Agreement solely for the Project herein described. 4. Any non-recreational use of a Project must be preapproved in writing by the District,and if approved,Grantee agrees that any gross income earned from such non-recreational uses of a Project shall be used for recreation development,additional acquisition,operation or maintenance at the Project site,unless the District approves otherwise in writing. 5. Grantee also agrees that any gross income that accrues to a grant-assisted development Project during and/or as part of the construction,from sources other than the intended recreational uses,also shall be used for further development of that particular Project,unless the District approves otherwise in writing. Grantee agrees to submit for prior District review and approval any and all existing or proposed operating agreements,leases,concession agreements,management contracts or similar arrangements with non- governmental entities,and any existing or proposed amendments or modifications thereto,as they relate to the project or the project site in perpetuity. Grantee further agrees not to enter into any contract,agreement,lease or similar arrangement,or to agree to any amendment or modification to an existing contract,agreement,lease or similar arrangement,that,in the District's opinion,violates federal regulations restricting the use of funds from tax-exempt bonds. 6. Grantee agrees that,upon entering into any contract for the construction,maintenance,operation or similar activity related to the Project,Grantee will require said contractor to carry adequate insurance required by the District and naming the District as an additional insured. In addition,said insurance must require that Grantee and the District be given thirty(30)days advance written notice of any modification or cancellation of said insurance. Grantee agrees to submit proof of such insurance to the District for its prior approval. 7. Grantee and District will conform to the requirements of Government Code Section 6250,et seq.in making all documents relating to this Agreement,the grant obtained and all other related matters available for public review during regular business hours. In the case that the Project involves acquisition of property,however,both the District and Grantee may withhold from public review any and all documents exempted under Section 6254, subsection(h),prior to completion of said acquisition. In the event that the District is required to defend an action on a Public Records Act request for any of the contents of an Grantee's submission under the terms and conditions of the Agreement,Grantee agrees to defend and indemnify the District from all costs and expenses,including attorneys'fees,in any action or liability arising under,or related to,the Public Records Act. 8. In order to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds,notes or other evidences of indebtedness issued for the purpose of providing the grant monies made available in this Agreement,Grantee covenants to comply with each applicable requirement of Section 103 and Sections 141 through 150,inclusive,of the Internal Revenue Code of 1986,as amended.In furtherance of the foregoing covenant,Grantee hereby agrees that it will not,without the prior written consent of the District,(a) permit the use of any portion of the Project by any private person or entity,other than on such terms as may apply to the public generally;or(b)enter into any contract for the management or operation of the Project or Project Agreement-V16 Page 6 of 10 any portion thereof,except with a governmental agency or a nonprofit corporation that is exempt from federal income taxation pursuant to Section 501(c)(3)of the Internal Revenue Code. 9. If Grantee receives the prior permission of the District,acting through the Board,to sell or otherwise disposes of property acquired or developed with grant monies provided under this Agreement,Grantee shall reimburse the District in an amount equal to the greater of 1)the amount of grant monies provided under this Agreement;2) the fair market value of the real property;or 3)the proceeds from the portion of the property acquired, developed,improved,rehabilitated or restored with grant monies. If the property sold or otherwise disposed of with the prior permission of the District,acting through the Board of Supervisors,is less than the entire interest in the property originally acquired,developed,improved, rehabilitated or restored with the grant monies,then Grantee shall reimburse the District an amount equal to the greater of:1)an amount equal to the proceeds;or 2)the fair market value. 10. With the written consent of the District,the Grantee may transfer property acquired,developed,improved, rehabilitated or restored with funds granted under this Agreement to another public agency;to a nonprofit organization authorized to acquire,develop,improve or restore real property for park,wildlife,recreation,open space,or gang prevention and intervention purposes;or to the National Park Service,provided that any proposed successor agrees to assume the obligations imposed under the Propositions and to accept assignment of this Agreement.Under these conditions,the Grantee shall not be required to reimburse the District as described in Section D,Paragraph 9 of this Agreement. Any such transfer must require the nonprofit or public entity acquiring the property to enter into a written agreement with the District and agreed to comply with the terms of the Propositions and this Agreement. E.Project Completion and Enforcement 1. Grantee may unilaterally rescind this Agreement at any time prior to the commencement of the Project.After Project commencement,this Agreement may be rescinded,modified or amended only by mutual agreement in writing. 2. Failure by the Grantee to comply with the terms of this Agreement,or any other agreement established pursuant to the Propositions,may be cause for suspension or termination of all obligations of the District hereunder. 3. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for the suspension of all obligations of the District hereunder if,in the judgment of the District,such failure was beyond the reasonable control of the Grantee. In such case,any amount required to settle,at minimum cost,any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement. 4. The Grantee's full compliance with the terms of this Agreement will have significant benefits to the District,and to the property and quality of life therein,through the preservation and protection of beach,wildlife,park, recreation and natural lands of the District,provision of safer recreation areas for all residents,prevention of gangs,development and improvement of recreation facilities for senior citizens,the planting of trees, construction of trails,and/or restoration of rivers and streams. Because such benefits exceed,to an immeasurable and un-ascertainable extent,the amount of grant monies that the District furnishes under the provisions of this Agreement,the Grantee agrees that payment by the Grantee to the District of an amount equal to the amount of the grant monies disbursed under this Agreement by the District would be inadequate compensation to the District for any breach by the Grantee of this Agreement. The Grantee further agrees, therefore,that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement,with an injunction against any breaching conduct,unless otherwise agreed to by the District. Nothing in this Section shall limit in any way the District's legal or equitable remedies under this Agreement or any other remedy available by law. No delay or omission by the District in the exercise of any right or remedy upon any breach by Grantee shall impair in any way the District's right to enforce the terms of this Agreement,nor be construed as a waiver. 5. Grantee and the District agree that,if the Project includes development,final payment may not be made until Project Agreement-V16 Page 7 of 10 the Project conforms substantially with this Agreement and is a usable public facility. 6. Grantee and each County lobbyist or County lobbying firm,as defined in Los Angeles County Code Section 2.160.010,retained by Grantee,shall fully comply with the County Lobbyist Ordinance,Los Angeles County Code Chapter 2.160. Failure on the part of Grantee or any County lobbyist or County lobbying firm to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement,upon which the District may terminate or suspend this Agreement. 7. If the District brings an action to enforce the terms of this Agreement,the Grantee shall be responsible to pay the District's reasonably attorney's fees and costs, including expert witness costs,if the District prevails in said action. F.Payment of Funds 1. Grantee may request reimbursement from the District for eligible expenses,which the Grantee has properly incurred and paid,no more frequently than every thirty(30)days. Grantee shall submit reimbursement requests on District-provided Payment Request Forms,including the applicable attachments. All Payment Request Forms should be sent to: Los Angeles County Regional Park and Open Space District 510 South Vermont Avenue,Room 230 Los Angeles,California 90020 2. Grantee should submit its payment request prior to the fifteenth day of the month to receive reimbursement within four to six weeks. The District may hold Payment Request Forms received after the fifteenth of the month until the next month,which may result in reimbursements being delayed. 3. The District may withhold a portion of the amount of reimbursement if,in the opinion of the District,an expenditure is not eligible under the terms and conditions of this Agreement,the Propositions,the Application or the Procedural Guide. In such cases the District shall notify the Grantee of the amount of expenditures declared ineligible and the reason(s)for the ineligibility. Grantee,within thirty(30)days of notification,may dispute the District's decision,in writing,to the District and provide records and/or documentation to support its claim. The District shall review the information and/or documentation provided and will notify Grantee of its final determination. If Grantee fails to dispute the findings,in writing,within the thirty day period,than the Grantee shall have waived its right to dispute the findings. G.Hold Harmless and Indemnification 1. Grantee shall indemnify,defend and hold the District harmless from and against any and all liability to any third party for or from loss,damage or injury to persons or property in any manner arising out of,or incident to,the performance of this Agreement or the planning,arranging,implementing,sponsoring or conducting of the Project or any other operation,maintenance or activity by the Grantee. Grantee agrees to defend and indemnify the District from all costs and expenses,including attorney's fees,in any action or liability arising under this Agreement or the planning,arranging,implementing,sponsoring or conducting of the Project or any other operation,maintenance or activity by the Grantee. 2. The District shall have no liability for any debts,liabilities,deficits or cost overruns of the Grantee. 3. Grantee and District agree that the liability of the District hereunder shall be limited to the payment of the grant monies pursuant to the terms and conditions of this Agreement and the Procedural Guide. Any contracts entered into,or other obligations or liabilities incurred by,the Grantee in connection with the Project or otherwise relating to this Agreement shall be the sole responsibility of the Grantee,and the District shall have no obligation or liability whatsoever thereunder or with respect thereto. Project Agreement-V16 Page 8 of 10 H.Independent Grantee This Agreement is by and between the Los Angeles County Regional Park and Open Space District and Grantee and is not intended,and shall not be construed,to create the relationship of agent,servant,employee,partnership,joint venture or association between the District and Grantee. I.Financial Records 1. Grantee agrees to maintain satisfactory financial accounts,documents and records for the Project and to make them available to the District for auditing at reasonable times. Grantee also agrees to retain such financial accounts,documents and records for five(5)years following Project termination or completion. Grantee and the District agree that during regular office hours,each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books,records or reports of the other party pertaining to this Agreement or matters related thereto. Grantee agrees to maintain,and make available for District inspection,accurate records of all its costs,disbursements and receipts with respect to its activities under this Agreement and the use of any property acquired under this Agreement in perpetuity. 2. Grantee agrees to use an accounting system that complies with generally accepted accounting principles. 3. At any time during the term of this Agreement or at any time within five years after the expiration or prior termination of this Agreement,authorized representatives of the District may conduct an audit of Grantee for the purpose of verifying appropriateness and validity of expenditures that Grantee has submitted to the District for reimbursement under the terms of this Agreement. If said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement,the Propositions or the Procedural Guide,the District may,at its discretion, reduce the grant amount by an amount equal to these expenditures. Grantee,within thirty(30)days of notification that an audit has resulted in the exception of expenditures,may dispute the audit findings in writing to the District and provide the District with records and/or documentation to support the expenditure claims. The District shall review this documentation and make a final determination as to the validity of the expenditures. If Grantee has received all grant monies prior to the audit,or if remaining grant monies are insufficient,and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement,the Propositions or the Procedural Guide,Grantee shall pay the District an amount equal to these expenditures within sixty(60)days after receiving written notification of the expenditures disallowed and the reason for the disallowance. Notwithstanding Government Code Section 907,in the event that Grantee fails to repay the District in full for the amount of excepted expenditures,the District may offset an amount equal to the excepted expenditures from any monies that may be due to Grantee under the terms and conditions of the Propositions. Through the execution of this Agreement,Grantee waives its rights under Government Code Section 907. J.Use of Facilities 1. Grantee agrees to use the property acquired or developed with grant monies under this Agreement only for the purpose for which it requested District grant monies and will not permit any other use of the area,except as allowed by prior specific act of the Board of Supervisors as governing body of the District and consistent with the terms and conditions of the Propositions and this Agreement. 2. Grantee agrees to maintain and operate in perpetuity the property acquired,developed,rehabilitated or restored with grant monies,subject to the provisions of the Propositions.With the District's prior written approval,the Grantee,or its successors in interest in the property,may transfer the responsibility to maintain and operate the property in accordance with the Propositions to a nonprofit or government entity. 3. Grantee agrees to take all reasonable measures to actively oppose,at its sole expense,any proposal or attempt to act upon,exercise,or assert claims as to reserved rights to the grant funded property that are contrary to the Project Agreement-V16 Page 9 of 10 purposes of the Propositions,Procedural Guide and or this Agreement,including but not limited to oil,gas,and other hydrocarbon substances; minerals;water;and/or riparian resources. The above notwithstanding,Grantee has no obligation hereunder to initiate litigation challenging any project or proposal based on a reserved right lawfully recorded against the grant funded property in real property records maintained by the Los Angeles County Recorder's Office. 4. Grantee agrees to provide for reasonable public access to lands acquired in fee with grant monies,including the provision of parking and public restrooms,except where that access may interfere with resource protection. K.Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of race,color,sex,sexual orientation,age, religious belief,national origin,marital status, physical or mental handicap, medical condition,or place of residence in the use of any property or facility acquired or developed pursuant to this Agreement. 2. All facilities shall be open to members of the public generally,except as noted under the special provisions of the Project Agreement. L.Incorporation by Reference The Application and its required attachments,including the Assurances,and any subsequent change or addition approved by the District,is hereby incorporated in this Agreement as though set forth in full.The Procedural Guide, and any subsequent changes or additions thereto,and the Proposition also are hereby incorporated in this Agreement as though set forth in full. M.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 that can be given effect without the invalid provision or application,and to this end the provisions of this Agreement are severable. No provision of this Agreement,or the application thereof,is waived by the failure of the District to enforce said provision or application thereof. // // // // /1 // // 1/ 1/ // // Project Agreement-V16 Page 10 of 10 IN WITNESS WHEREOF,Grantee and District have caused this Agreement to be executed by their duly authorized representatives as of the latter day,month and year written below. GRANTEE: By: , Signature of Authorized Representative Title: 1)1114c-104 OP. Pus uG WORKS Date: 44 aa.Gid I. 1017 LOS ANGELES COUNTY REGIONAL PARK&OPEN SPACE DISTRICT: By tkL7D ector,Regional Park and Open Space Darict Date: 3//q/i) APPROVED AS TO FORM: MARY C.WICKHAM County Counsel By: CHRISTINA A.SALSEDA Principal Deputy County Counsel Grant No.: 58H4-01-1284 • • • LOS ANGELES COUNTY ' Nty REGIONAL PARK AND ` OPEN SPACE DISTRICT 510 South Vermont Avenue Room 230 Los Ancieler, CA 90020-1975 (213) 1".3-29&1 RECEIVED City of Rancho Palos Verdes August 4, 2015 AUG 1 0 2095 PUBLIC WORKS DEPARTMENT Ms. Lauren Ramezani Senior Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes Estates, CA 90275 Dear Ms. Ramezani: Portuguese Bend Open Space Acquisition Grant No. 58H4-01-1284 (Amendment#11) Enclosed for your file is an amendment to the Project Agreement that has been executed. Please make all payments and send all remaining documents to the District before the project expiration date or notify me if there will be a delay. I look forward to working with you and your staff to complete this project. If you have any questions,or need additional information or forms, please feel free to call me at(213) 738- 4251 or via email at schang@parks.lacounty.gov. Sincerely, Steven Chang Program Manager Enclosure(s) • REG P &OPEN SPACE D'S . RECPI . Amendment No. 11 to Project Agreement SPP g Los Angeles County Regional Park and Open Space District Specified Grant Program • 1 JUN 30 118 :3 Portuguese Bend Open Space Acquisiti n 7 Grant No.:58H4-01-1284 The City of Rancho Palos Verdes("The Grantee")and the Los Angeles County Regional Park and Open Space District ("The District") do hereby amend Project Agreement No.58H4-01-1284("the Agreement")as follows: Old Performance Period End: June 30, 2015 Revised Performance Period End: December 31, 2015 City of Rancho Palos Verdes: By: Title: NR. OP Pub LAC 'NOP4 Date: JUNE L , 1015 Signature of Authorized Representative LOS ANGELES COUNTY REGIONAL APPROVED AS TO FORM: PARK&OPEN SPACE DISTRICT: ti MARK SALADINO By: 1 `, County Counsel Director °6iBy:• 4 Date: CHRISTINA A.SALSEDA Principal Deputy County Counsel 4e44011 - e•-='s�-j �` � _ ----- - NN pF LOSIK LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT x x C4LIFOI$P C February 4, 2014 FEB 06 2014 Lauren Ramezani PUBLt` ; R f~' Et_=" "TSenior Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Dear Ms. Ramezani: CITY OF RANCHO PALOS VERDES Portuguese Bend Open Space Acquisition (1284) Enclosed is the executed amendment to extend the performance period for the above grant to December 31, 2014. Please submit all required documents for final payment by October 1, 2014. If additional time is needed to complete the project submit the amendment request by October 1, 2016 and include: 1) justification for the request; 2) the proposed performance period end date; and 3) a revised project timeline. To discuss, I can be reached at mhughes@parks.lacounty.gov or at (213) 738-2119. Sincerely, Misha Hughes Program Manager, Grants Section Enclosure Administrative Offices . 510 S.Vermont Avenue Los Angeles,CA 90020-1975 . (213)738-2981 . http://openspacedistrict.lacounty.info 411 Amendment No. 9 to Project Agreement Los Angeles County Regional Park and Open Space District Specified Grant Program Portuguese Bend Open Space Acquisition Grant No.: 58H4-01-1284 The City of Rancho Palos Verdes ("The Grantee") and the Los Angeles County Regional Park and Open Space District ("The District") do hereby amend Project Agreement No. 58H4-01-1284("the Agreement")as follows: Old Special Provisions: None. Revised Special Provisions: Section B.2. (termination date) is hereby deleted in its entirety. Section D.5. (District review of agreements with non-governmental entities): "for a period of twenty(20)years from the date of this Agreement" is hereby deleted and replaced with "in perpetuity". Old Performance Period End: December 31, 2012 Revised Performance Period End: December 31, 2014 City of Rancho Palos Verdes: By: -419 Title: '"....~Da rDate: it 8.1 2-4513 Signatur- • Auto 'ed Representative 1,..16r44 LOS ANGELES COUNTY REGIONAL APPROVED AS TO FORM: PARK&OPEN SPACE DISTRICT: JOHN KRATTLI By: County Counsel Director • �3- � Date: By. CHRISTINA A. SALSEDA Principal Deputy County Counsel a "`11.! godigkm_ �; /moi <7;ANEW - es•;‘- -111111111111111.11 ....._' ` LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT t[ x c4uroavO" February 22, 2012 RECEIVED City of Rancho Palos Verdes FEB 2 42012 Ms. Lauren Ramezani Senior Administrative Analyst Department of Public Works PUBLIC WORKS DEPARTMENT City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 Portuguese Bend Open Space Acquisition Grant No. 58H4-01-1284 Dear Ms. Ramezani: Enclosed for your file is the original copy of the executed amendment to the project agreement of the grant listed above. The amendment extended the project performance period of the above project to December 31, 2012. Please make all payments and send all remaining documents to the District before the project expiration date or notify me promptly if there will be a delay. I can be reached at (213) 738-4251 or via e-mail at pflores©parks.iacounty.gov if you have any questions or need further assistance. Sincerely, Pearl C. Flores Program Manager Enclosure Administrative Offices . 510 S.Vermont Avenue Los Angeles,CA 90020-1975 . (213)738-2981 . http://openspacedistrict.lacounty.info •• Amendment No. 8 to Project Agreement Los Angeles County Regional Park and Open Space District Grant Specified Project Grant Program Portuguese Bend Open Space Acquisition Grant No. 58H4-01-1284 The City of Rancho Palos Verdes ("the City")and the Los Angeles County Regional Park and Open Space District("the District")do hereby amend Project Agreement No. 58H4-01-1284 ("the Agreement") as follows: Project Performance Period: FROM: November 05, 1996 TO: December 31,2012 CITY OF RANCHO P• OS VERDES: By: . 1 �� T�tl Dater lC /7i .ure of Authorized Representative LOS ANGELES COUNTY REGIONAL APPROVED AS TO FORM: PARK& OPEN SPACE DISTRICT: ANDREA SHERIDAN ORDIN County Counsel By: Director By: SkAe. Date: 2,4(9-12 CHRISTINA A. SALSEDA Principal Deputy County Counsel i!. -_ - - J ,. „ li • r)1PN\s 4:71-,i-ce. LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT x x C4LIpOIo. RECEIVED October 26, 2010 City of Rancho Palos Verdes Ms. Lauren Ramezani PUBLIC WORKS DEPARTMENT Senior Administrative Analyst Public Works Department City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 Portuguese Bend Open Space Acquisition Grant No. 58H4-01-1284 Dear Ms. Ramezani: Enclosed for your file is the original copy of the executed amendment to the project agreement of the grant listed above. This amendment was prepared to extend the project performance period of the above project to January 31, 2012 to give the City more time in its negotiation with other agencies/organizations to raise needed funds to purchase a property in the Portuguese Bend area. Please notify us promptly if there will be a delay. I can be reached at (213) 738-4251 or via e-mail at pflores( parks.lacounty.gov if you have any questions about this grant. Sincerely, rilev AV"' 4/ P: . Flores PrAram Manager • Enclosures Administrative Offices . 510 S.Vermont Avenue Los Angeles,CA 90020-1975 . (213)738-2981 . http://openspacedistrict.lacounty.info • • • Amendment No. 7 to Project Agreement Los Angeles County Regional Park and Open Space District Grant Specified Project Grant Program Portuguese Bend Open Space Acquisition Grant No. 58H4-01-1284 The City of Rancho Palos Verdes ("the City") and the Los Angeles County Regional Park and Open Space District("the District") do hereby amend Project Agreement No. 58H4-01-1284 ("the Agreement") as follows: Project Performance Period: FROM: November 05, 1996 TO: January 31, 2012 CITY OF RANCHO PALOS VERDES: By: 43-ePIA.A.A412-.. Title: Dir. of Public Wks te: 9/29/2010 Signatu of Authorized Representative LOS ANGELES COUNTY REGIONAL APPROVED AS TO FORM: PARK& OPEN SPACE DISTRICT: tILAc_____„ANDREA SHERID A N ORDIN County C.unsel By: - I% Director,Parks and Recreation By: Yigilti A .14 Date: 16 1 �� JILL M. PR ' Deputy I111 4 • el _ „,pF105,� : An. LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT c4l,Foit0 E CEECEI ivEU April 1, 2009 - ncho Palos Verde. . Ms. Lauren Ramezani Sr. Administrative Analyst City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275-5391 Portuguese Bend Open Space Acquisition Grant No. 58H4-01-1284 Dear Ms. Ramezani: Enclosed for your file is the fully executed amendment to the project agreement of the above-mentioned grant. The project performance period was extended to January 31, 2011. Please make all payments before the project expiration date or notify me promptly if there will be a delay. Please call me at (213) 738-4251 or via e-mail at pflores@parks.lacounty.gov if you have any questions. Sincerely, perk. Flores Program Manager Enclosure Administrative Offices . 510 S.Vermont Avenue Los Angeles,CA 90020-1975 . (213)738-2981 . http://openspacedistrict.lacounty.info • Amendment No. 6 to Project Agreement Los Angeles County Regional Park and Open Space District Grant Specified Project Grant Program Portuguese Bend Open Space Acquisition Grant No. 58H4-01-1284 The City of Rancho Palos Verdes("the City") and the Los Angeles County Regional Park and Open Space District("the District") do hereby amend Project Agreement No. 58H4-01-1284 ("the Agreement") as follows: Project Performance Period: FROM: November 05, 1996 TO: January 31, 2011 CITY OF RANCHO PALOS VERDES: By: Title: ��''�`— "' Date: 3/!c/ b yII' Signat e of A •rized Representative L/`6 LOS ANGELES COUNTY REGIONAL APPROVED AS TO FORM: PARK& OPEN SPACE DISTRICT: RAYMOND G. FORTNER, JR. County Counsel By: 4,—A Director,Parks and Recreatio By: Date: 3f CHRISTINA A.SALSEDA Senior Deputy County Counsel • �,�pF LOS 0,J �4_11-th:, LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT max. Cq(IFORNP April 4, 2007 RECEIVED C1TY OF RANCHO PALOS VERDES RECEIVED City of Rancho Palos Verdes APR 12 2007 A p (1 2007 Ms Lauren r n Ramezani Senior Administrative Analyst RD'S pFFICE CITY CLE Department of Public Works PUBLIC WORKS DEPARTMENT City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CS 90275-5391 Portuguese Bend Open Space Acquisition Grant No. 58H4-01-1284 Dear Ms. Ramezani: Enclosed for your file is the fully executed amendment to the project agreement of the above-mentioned grant. The project performance period was extended to January 31, 2009. I request that all payments for expenses incurred on this project be made before the expiration date or notify me promptly if there will be a delay. Please contact me at (213) 738-4251 or via e-mail at pflores[ parks.lacounty.gov if you have any questions. Sincerely, Perli VC. Flores Program Manager Attachment Administrative Offices . 510 S.Vermont Avenue Los Angeles,CA 90020-1975 . (213)738-2981 . http://openspacedistrict.lacounty.info Amendment No. 5 to Project Agreement Los Angeles County Regional Park and Open Space District Grant Specified Project Grant Program Portuguese Bend Open Space Acquisition Grant No. 58H4-01-1284 The City of Rancho Palos Verdes ("the City") and the Los Angeles County Regional Park and Open Space District("the District") do hereby amend Project Agreement No. 58H4-01-1284 ("the Agreement") as follows: Project Performance Period: FROM: November 05, 1996 TO: January 31, 2009 CITY OF RANCHO PALOS VERDES: By:: � Title: 43'f•'''''-G -- - ra ' Date: z-7/'7 Signal • • Authorized Representative LOS ANGELES COUNTY REGIONAL APPROVED AS TO FORM: PARK& OPEN SPACE DISTRICT: RAYMOND G. FORTNER, JR. ‘, County Counsel By: Director,Parks and ecreation li791By: Date: O LILLIAN D. SALINGER Senior Deputy County Counsel `•IAV. •LIl . .• J'� �r �-. f�.•-r.Y.-r �i'. � � __ immimmommimmommommommommimmimmimmimmommimmommommoimmommismimemmoimilimmommiummimmm ��pF LOS,Fh 4JJ�I>`��}z�!�1�`1" ♦- i`�. ;t :` (rP LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT - ji CLIFORNP • June 21, 2004 City of Rancho Paas Verdes r U.0 N - 2004;. 2004 RECEIVED City of Rancho Palos Verdes Ms. Lauren Ramezani �, Sr. Administrative Analyst l a= 'S OFFICE5 2 2004 City of Rancho Palos Verdes 30940 Hawthorne Boulevard PUBl1C WORKS DEPARTMENT Rancho Palos Verdes, CA 90275-5391 Portuguese Bend Open Space Acquisition Grant No. 58H4-01-1284 Dear Ms Ramezani: Enclosed for your file is the fully executed amendment to the project agreement of the above-mentioned grant. Please be reminded that all expenditures should be incurred on or before this date to be eligible for reimbursement, If you have further questions, please do not hesitate to call me at (213) 738-4251 or send me an e-mail at pflores@co.la.ca.us. Sincerely, Per 4' . Flores Program Manager Enclosures Administrative Offices . 510 South Vermont Avenue . Los Angeles . California . 90020-1975 . (213) 738-2981 1110 Amendment No. 4 to Project Agreement Los Angeles County Regional Park and Open Space District Grant Specified Project Grant Program Portuguese Bend Open Space Acquisition Grant No. 58H4-01-1284 The City of Rancho Palos Verdes ("the City") and the Los Angeles County Regional Park and Open Space District("the District") do hereby amend Project Agreement No. 58H4-01-1284 ("the Agreement") as follows: Project Performance Period: FROM: November 05, 1996 TO: July 01, 2006 CITY OF RANCHO PALOS VERDES: Title: ► OF�IG �ate: (1 I D/ a 4. B . � Signature of Authorized Representative LOS ANGELES COUNTY REGIONAL PARK& OPEN SPACE DISTRICT: Approved as to Form: Office of the �----� County Counsel By: Director,Parks and Recreation By: CVAgILLt PCUICLI1 Date: 46----1 Principal Deputy ! - i':-. '.1'.' -,i1. '1' ''-:•‘,-3,-,- - ----: --42::,: ,,, - —a. e.;- --;:-.7W' --'' .L.44EM-- ____-- --'1,.;:.1-*f-.. ('- ",cl:, --‘,.4-.;;; .4,41 I oJ�'oF�oa�pQ' • `'P'*- LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT O ;C IFORN. RECEIVED July 23, 2003 City of Rancho Palos Verdes JUL 2 5 2003 Ms. Lauren Ramezani Senior Administrative Analyst PUBLIC WORKS DEPARTMENT Department of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Dear Ms. Ramezani: PORTUGUESE BEND OPEN SPACE ACQUISITION SPECIFIED GRANT#58114-01-1284 The Regional Park and Open Space District is pleased to inform you that your request to amend the above grant has been approved. The performance period has been extended and is now from: November 5, 1996 to July 1, 2004. Your fully executed copy of the amendment is enclosed for your records. If you have any questions regarding the status of your grant,please contact me at(213) 738-3035. Sincerely, , cio.,:i 6e: ." Kevin Crilley Program Manager Enclosure c:\Award3Amend1284 Administrative Offices • 433 South Vermont Avenue • Los Angeles • California 90020-1975 • (213) 738-2961 • • Amendment No. 3 to Project Agreement Los Angeles County Regional Park and Open Space District Grant Specified Project Grant Program Portuguese Bend Open Space Acquisition Grant No. 58H4-01-1284 The City of Rancho Palos Verdes ("the City") and the Los Angeles County Regional Park and Open Space District("the District") do hereby amend Project Agreement No. 58H4-01-1284 ("the Agreement") as follows: Project Performance Period: FROM: November 05, 1996 TO: July 01, 2004 CITY OF RANCHO PALOS VERDES: : et4,0-mik-Titlea Date: 7/( 10-> Signature of Authorized RepresentativePi,ut r, ,LC LOS ANGELES COUNTY REGIONAL PARK& OPEN SPACE DISTRICT: Approved as to Form: LLOYD W. PELLMAN By: County Counsel Director,Parks and Recreation By. ,,,_S Date: /-1- 4co Principal Deputy c^.1 44.4411EM-- E1VED _ _ ity of 'an �-- SFP 0 g 2002 J�1of Los,.! ooJ ••-- ( '*'• Los ANGELES COUNTY REGIONAL PARK AND P rCI T • September 5, 2002 Ms. Lauren Ramezani RECEIVED City of Rancho Palos Verdes Senior Administrative Analyst Department of Public Works 2002 SEP 0 6 City of Rancho Palos Verdes 30940 Hawthorne Blvd. PUBLIC WORKS DEPARTMENT Rancho Palos Verdes, CA 90275 Dear Ms. Ramezani: AMENDMENT#2 PORTUGUESE BEND OPEN SPACE ACQUISITION 1996 SPECIFIED GRANT #58114-01-1284 The Regional Park and Open Space District is pleased to inform you that your request to amend the above grant has been approved. The project name has been changed and is now listed as: "Portuguese Bend Open Space Acquisition". The performance description now reads: "Acquisition of unimproved property in the Portuguese Bend Area located in the City of Rancho Palos Verdes." The project performance period has been extended and is now from: November 5, 1996 to June 30, 2003. Your fully executed copy of the amendment is enclosed for your records. If you have any questions regarding the status of your grant,please contact me at(213) 738-3035. Sincerely, Kevin Crilley Program Manager Enclosure (2) c:\Award2Amend1284 Administrative Offices • 433 South Vermont Avenue • Los Angeles • California 90020-1975 • (213) 738-2961 Amendment No. 2 to Project Agreement Los Angeles County Regional Park and Open Space District Grant Specified Project Grant Program Barkentine Property Open Space Acquisition Grant No. 58H4-01-1284 The City of Rancho Palos Verdes ("the City") and the Los Angeles County Regional Park and Open Space District("the District") do hereby amend Project Agreement No. 58H4-01-1284 ("the Agreement") as follows: Project name: Portuguese Bend Open Space Acquisition Project Performance Period: FROM: November 05, 1996 TO: June 30, 2003 Project description: Acquisition of unimproved property in the Portuguese Bend Area located in the City of Rancho Palos Verdes. CITY OF RANCHO PALOS VERDES: woo. CPA By. Title. Date. 01/Dto/CD -- Signature of Authorized Repr tative LOS ANGELES COUNTY REGIONAL PARK& OPEN SPACE DISTRICT: Approved as to Form: LLOYD W. PELLMAN By: County Counsel D'rector,Parks and Recreation By: S OJ% Date: 9. 402 Principal Deputy • „e4AfteM- •r .1 pJ�t,`pF Los,e 4J P : (d' • LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT Crii RECEIVED City of Rancho Palos Verdes January 15, 2002 JAN 182002 Ms. Lauren Ramezani PUBLIC UBLIC WORKS DEPARTMENT Senior Administrative Analyst Department of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Dear Ms. Ramezani: BARKENTINE PROPERTY OPEN SPACE ACQUISITION SPECIFIED GRANT# 51111441-1284 The Regional Park and Open Space District is pleased to inform you that your request to amend the above grant has been approved. The performance period has been extended and is now from: November 5, 1996 to March 31,2002. Your fully executed copy of the amendment is enclosed for your records. If you have any questions regarding the status of your grant,please contact me at(213) 738-3035. Sincerely, Kevin Crilley Program Manager Enclosure c:\Amend1284 Administrative Offices • 433 South Vermont Avenue • Los Angeles • California 90020-1975 • (213) 738-2961 w. • 4110-- Amendment No. 1 to Project Agreement Los Angeles County Regional Park and Open Space District Grant Specified Project Grant Program Barkentine Property Open Space Acquisition Grant No. 58H4-01-1284 The City of Rancho Palos Verdes ("the City") and the Los Angeles County Regional Park and Open Space District("the District") do hereby amend Project Agreement No. 58H4-01-1284 ("the Agreement") as follows: Project Performance Period: FROM: November 05, 1996 TO: March 31, 2002 CITY OF HO PALOS VERDES: By: Title: Ct1 /10IPwtser-- Date: 1 4- so,) Signature of Authorized Representative LOS ANGELES COUNTY REGIONAL PARK& OPEN SPACE DISTRICT: Approved as to Form: LLOYD W. PELLMAN11 County Counsel By: �:' Di t:r,Par and Recreation By: • Date: D'E) Principal Deputy July 10, 2001 Mr. Kevin Crilley RANCHO PALOS VERDES Program Manager LA County Regional Park & Open Space Dist. PUBLIC WORKS DEPARTMENT 433 S. Vermont Avenue LA, CA 90020-1975 SUBJECT: BARKENTINE PROPERTY OPEN SPACE ACQUISITION- SPECIFIED GRANT# 58H4-01-1284 Dear Mr. Crilley: Attached are various documents as required by your District in order to request reimbursement for acquisition costs for the City of Rancho Palos Verdes' Barkentine Property Open Space Acquisition, that was approved for Proposition A funding. These documents are: • Payment Request Form (in the amount of$3,833,934) • Project Cost Form C-3 • Compliance with California Environmental Quality Act (a CEQA notice of exemption form; filed, approved and stamped by the County Clerk's office) Youth Employment Plan • Preliminary Title Report • Appraisal Report • Copy of Offer or Purchase Agreement • Escrow Instructions • Policy of Title Insurance or Title Abstract • Letter of compliance with property acquisition law This reimbursement request is for the acquisition cost only. Since the property was vacant, relocation notification was not applicable. Since this is an acquisition only project, no youth employment related activity was performed. A final request will be made for the administrative costs at a later date. If you have any questions regarding the submitted documents, please contact me at (310) 544-5245. Sincer y, 7C Lauren Ramezani Sr. Administrative Analyst cc: Dean E. Allison, Dir. of Public Works (w/o attachments) Dennis McLean, Finance Director (with attachments) File: MA-010001 and 601- Barkentine (with attachments) W:1LAUREN\GRANTIMEASUR-AWquisitionlreimbusementreq#1.doc 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)544-5252/FAX(310)544-5292 Printed on Recycled Paper c Los AN COUNTY REGIONAL PARK AND O PACS DISTRICT PAYMENT REQUEST FORM 1. Project Name: 3. Grant Number: Barkentine Property Open Space Acquisition 5AH4 - n1 - 12F4 4. Payment Request No.: 1 C 2. Agency name & mailitig address: • 5. Type of Payment (check one): City of Rancho Palos Uerd�� , 30940 Hawthorne BLvd. pi Rancho Palos Verdes, CA 90275 XX Progress Final Attn: Manni. WIpan, fli rprtnr of Fi ra no - 6. Payment Information Please round to nearest dollar A. Grant amount $ 4;000,000 expenditure breakdown B. Funds received.ved to date $ 0 Project Administration $ 0 C. Funds,available (AB) $ 4 n n n,n n n Project Construction $ 0 this right) Project Acquisition - $ 3,833,934 a ment�(breakdown, $ D. Amount requested p Y Total Request $ 3•g 3 3 ��4 ' (C-D)E. RRemainingfunds $ 166.066 from agency 7. Name & Address to send warrant to (if differentg Y listed above): Agency Name: Street Address: City/State/Zip: Attention: • 8. Signa Re resent ive Authorized in Resolution Title Date Director of Public Wks 6/5/01 County Regional Park and Open mace District Use Only For Los Angeles C A. Grant Amount $ Expenditure Breakdown B. Funds received to date $ Project Administration "••, $C. Funds available (A-B) $ Project Construction $ D. Amount approved this payment $ Project Acquisition $ E. Remaining funds (C-D) $ Disallowed Charges $ Program Manager Date Finance and Administration Date Grants Supervisor Date Administrator Date Accounting Section Areas To Be Filled In by Finance & A ' 'strati (Italicizedon Prior to Forwarding to Accounting) y Scheduled Payment Date: Vendor Comment: Note: $ • No, ors No, F.'rogoRfitgAmount Line CD DP Doc. OBJ Vend M 01 02 • ____ _____ Doc. Total: ISS UF. DATE: AMT PAID: PAIL? Warrant # ---,-- -.. . - Prepared By' Date: Input By: LEVEL ONE (required on all) i LEVEL TWO,. (required on all) LEVEL THREE ($10,000 to $34,999) LEVEL FOUR (greater than $35,000: Revised September 97 EXHIBIT C-3 (FORM G-3) Project Cost Form (Report of Expenditures charged to this Prop A Grant) Payment Request Number: 1 Grant Number: 58H4-01-1284 Acquisition Costs Charged to the Grant Warrant Date of Cost Type Number Warrant Recipient Purpose Acq./ Admin Amount First American Title Insurance N/A N/A CompanyEscrow Company X $3,833,934.00 Total Acquisition Purchase Costs $3,833,934.00 Total labor Costs (from attached form C-4) $0.00 attached form Total Equipment Costs (fromC-5) $0.00 Grand Total $ 3,833,934.00 pw/Ir/grant/measure-a/acquisition/ projectcostformc-3 excel 6/4/01 • , 0 0 t A )ES4 A '' RAN( Q 1\ ESNOTICE OF EXEMPTION DEPARTMEfILE F'i C T TO: x Office of Planning and Research-State of Califoi. 1400 Tenth Street 72001 AN Sacramento,CA 90815 x County Clerk/County of Los Angeles/Environmental risings `O G 12400 East Imperial Hwy., Room 1101 ELES,COUNTY CLERK Norwalk, CA 90650 Attn: Angel Shells FROM: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 ACQUISITION OF 98 ACRES OF OPEN SPACE LAND, KNOWN AS THE BARKENTINE PROPERTY. Project Title Generally bounded by Barkentine Road on the south, Ocean Terrace Drive on the north, Barkentine Canyon on the east and the McCarrol Can on on the west. Project Location-Specific City of Rancho Palos Verdes Los Angeles County Project Location-City Project Location-County Purchase of 98 acres of existing vacant land for open space, habitat preservation, and passive recreation purposes. Description of Nature, Purpose,and Beneficiaries of Project City of Rancho Palos Verdes Name of Public Agency Approving Project City of Rancho Palos Verdes Name of Person or Agency Carrying Out Project Exempt Status: (Check One) Ministerial[Sec. 21080(b)(1); 15268]; Declared Emergency[Sec. 21080(b)(3); 15269(a)]; Emergency Project[Sec. 21080(b)(4); 15269(b)(c)]; x Categorical Exemption. State type and section number: Section 15316, Class 16 • Statutory Exemptions. State Code Number: . q Project entails the acquisition of land in order to maintain its"natural condition",for passive recreational use, and forve otential natural habitat re-vegetation. Furthermore, there is no evidence in the record that any type of P g hazardous waste is present on the property. Reason why project is exempt Carol nn Petru Assistant Cit Mana•er 310 544-5205 _. Contact P-. son, (Area Code)Telephone 3-)S-�' Director of Plannin• Buildin• and Code Enforcement ,., t t. Si :ature Date Title �Ry 9: ,.: • duplicate. Please acknowledge the filing date and return acknowledged copy in Thi: documen i being, filed in p N-- - enclosed, s amped, self-addressed envelope. Date Received for Filing: 30940 HAWTHORNE BOULEVARD/RANCHO PALOS VERDES,CA 90275-5391 PLANNING/CODE ENFORCEMENT:(310)544-5228 BUILDING:(310)541-7702 DEPT.FAX: (310)544-5293 PRINTED ON RECYCLED PAPER t � • CITY OF RANCHO PALOS V DES POINT VICENTE INTERPRETIVE CENTER EXPANSION (PVIC), ABALONE COVE BEACH IMPROVEMENTS, LOWER HESSE PARK DEVELOPMENT, AND FORRESTAL DRIVE OPEN SPACE YOUTH EMPLOYMENT PLAN Background: The Safe Neighborhood Parks Propositions of 1992 and 1996 provided $2,480,000 to the Cityfor Point Vicente Interpretive Center Expansion (PVIC), $556,450 for Abalone I Cove Beach Improvements, and $236,508 for the Lower Hesse Park Development p projects and $4,300,000 for the acquisition of Forrestal Drive Open Space. In FY 1997-98, the City Council authorized expenditure of$2,480,000 for the design and construction of PVIC Expansion which includes building enlargement, terrace addition, additionalarkin for approximately 120 cars, amphitheater, additional trails/paths, p g na interpretive signage, landscaping and picnic/play area, and authorized expenditure of p 9 g $556,450 for the installation of public restroom facilities, improvements to the beach area and shoreline, widening of the entry road, additional parking for cars and improvements to existing trails for Abalone Cove Beach Improvements. In 1997, the City purchased 160 acres of open space located north of Forrestal Drive adjacent to the Ladera Linda p . CommunityCenter in the amount of$4,300,000. Finally, Council authorized expenditure of $236,508 for the Lower Hesse Park Development which includes a system of relatively flat hiking trails, picnic sites with benches/tables, landscaping and irrigation, pedestrian bridge, signage and parking. Tasks That May be Performed by At-Risk Youth: A) Point Vicente Interpretive Center Expansion (PVIC) 1- Performing construction and development related activities during PVIC's expansion (6,550 hours or approximately $78,600) - Demolition, removal of existing plant material and debris, daily cleanup and housekeeping, landscaping, materials handling, supporting skilled laborers, various apprentice type work and other duties as assigned. 2- Performing maintenance and servicing related activities at PVIC (1,600 hours or approximately $19,200) - Utilities (water, electricity, gas), supplies, removing trash, litter and debris, removal of graffiti, cleaning of park area, planting, landscaping and irrigation, weed removal, minor fencing repairs, painting, repairing trails, sweeping parking lots, asphalt repairs, minor maintenance and other duties as assigned. B) Abalone Cove Beach Improvements 1- Performing construction and development related activities during Abalone Cove Beach improvements (1,500 hours or approximately $18,000) - Demolition, removal of existing plant material and debris, daily cleanup and housekeeping, landscaping, materials handling, supporting skilled laborers, various apprentice type work and other duties as assigned. W:\LAUREN\STAFFRPT\GRANTS\YTNRSK2.WPD I .1 Youth Employment Goal: Under thep rovisions of the Los Angeles County Regional Park and Open Space District policy on employment of at-risk youth, the Youth Employment Goal (YEG) of the City of Rancho Palos Verdes is $327,296 (equal to ten percent of total City development project funding from Proposition A of 1992 and 1996). 1- The total of$130,200 to be spent by the contractors for youth considered "at-risk" during the construction and development of the above-mentioned projects. 2- The total of$197,096 to be spent by the City of Rancho Palos Verdes or a City hired contractor, directly or through a service organization, for youth considered "at-risk" during the 22 year maintenance and servicing period of the above-mentioned projects. None of the City's YEG has currently been met. City's Approved Definition of At-Risk Youth: "Any individual between the ages of 16-26, residing in the City of Rancho Palos Verdes or surrounding communities (within a 30 mile radius), who through his/her residence, work place, school or social setting may be exposed to any of the following circumstances is considered to be at-risk: family or self unemployment, violence, vandalism, poverty, single parenthood, physical and/or emotional abuse, emotional vulnerability/ instability, adolescent pregnancy, drug and/or alcohol abuse, truancy, lack of proper education to find or hold a job, or an individual annual salary below $20,000." Service Organizations: Below is a list of some service organizations that may be able to serve as contractors or sub- contractors providing youth work crews for a variety of project-related tasks. These service organizations are responsible for their own payroll system, worker's compensation insurance, field supervisors and liability insurance. The costs for these services are included in the price of the contract. These organizations provide youth with experience in the landscaping, maintenance, and construction fields. These service organizations specialize in providing employment and training opportunities for youth participants. This list is informational only and inclusion of any organization is not, and should not be construed as, an endorsement by the City. California Conservation Corps County of Los Angeles 4366 S. Main Street Dept of Community & Senior Services Los Angeles, CA 90037 3175 W. 6th Street (213) 744-2254 & (213) 235-3101 Los Angeles, CA 90020-1798 Contact: Mr. Paul Crittendon (213) 738-2703 Service Area(s): All of LA County Contact: Mr. Randy Jackson Service Area(s): All of LA County W:\LAUREN\STAFFRPT\GRANTS\YTHRSK2.WPD EXHIBIT A FINAL REPORT ON EMPLOYMENT OF YOUTH (To be submitted with Final Documentation for improvement or acquisition projects funded by the District) Grant No.: 58H4 _ 01 1284 Wage Stage of ProjectP #of Youth A prox.A•e •er Hour Total Hours Worked Total Wa.es Paid Work Performed _ _____.] Acquisition 0 NA 0 0 0 None of open space -- 0 • • 0 i TOTAL 0 NA _ 0 _ 0 0 _ Nnnp . (Use additional sheets if necessary) Employment of Youth was not utilized during this Acquisition Only grant. t 1 ' t . • r First American Title Company Los Angeles 520.N N. Central Avenue Glendale, California 91203 (818)242-5800 FEBRUARY 05, 2001 HON DEVELOPMENT COMPANY YOUR NO. PALOS VERDES LAND 25200 LA PAZ ROAD#210 LAGUNA HILLS, CA-92653 OUR NO. 9808269-51 ATTENTION: MICHAEL WALKER SUPPLEMENTING OUR ORIGINAL REPORT DATED DECEMBER 18, 2000 RELATIVE TO THE ABOVE NUMBERED ESCROW AND TITLE ORDER, WE WISH TO ADVISE YOU OF THE FOLLOIM NG: ITEMS 8,9 AND 10 ARE HEREBY ELIMINATED. Sincerely, ICIAJaA).- 2'.`41;13e-mv°1 • MIKE EIt1STEIN,TITLE OFFICER EXTENSION 5050 DIRECT FAX(818)244,8939 `• 9808269-51, ME,AE-January 3,2001 410TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: PALOS VERDES LAND HOLDINGS IV,A CALIFORNIA LIMITED PARTNERSHIP. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE. THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) EXCEPTIONS AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED. AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS. 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES,INCLUDING SPECIAL ASSESSMENTS AND/OR PERSONAL PROPERTY TAXES, IF ANY FISCAL YEAR: 2000-2001. TOTAL: $801.86. FIRST INSTALLMENT. $400.94 PLUS PENALTY OF $40.09. SECOND INSTALLMENT: $400.92. EXEMPTIONS, (VETERANS OR HOMEOWNERS): $NONE. CODE NO.: 7148. PARCEL NO.: 7581-023-021. A. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES, INCLUDING SPECIAL ASSESSMENTS 1 AND/OR PERSONAL PROPERTY TAXES, IF ANY FISCAL YEAR: 2000-2001. TOTAL: $24,405.86. FIRST INSTALLMENT: $12,202.94 PLUS PENALTY OF$1,220.29. SECOND INSTALLMENT: $12,202.92. EXEMPTIONS, (VETERANS OR HOMEOWNERS): $NONE. CODE NO.: 7091. PARCEL NO.: 7573-003-017. 16. THE LIEN OF SUPPLEMENTAL TAXES AND/OR ADJUSTED TAXES, IF ANY, ASSESSED PURSUANT TO THE CALIFORNIA REVENUE AND TAXATION CODE. ALOS VERDES WATER COMPANY, A RIGHTS AND EASEMENTS GRANTED TO P NO. 701, IN 2. RECORDED OCTOBER 18, 1929 AS INSTRUMENT CORPORATION, BY DEED AND UNDER THE SURFACE OF ANY STREETS AND HIGHWAYS EXISTING, PAGE 8 OF OFFICIAL RECORDS, ALONG,ACROSSMAY BOOK 9511 AS OF OCTOBER 17, 1929 OR THAT THEREAFTER BE LAID OUT AND DEDICATED UPON SAID LAND. 2 9808269-51, ME,AE-January 3,2001 A NATIONAL BANKING ASSOCIATION. DATED: DECEMBER 22, 1992. DECEMBER 31, 1992 AS INSTRUMENT NO.92-2456600. RECORDED: A DOCUMENT WHICH MODIFIED SAID DEED OF TRUST AS THEREIN PROVIDED WAS RECORDED: AUGUST 18, 1995 AS INSTRUMENT NO. 95-1359563. A DOCUMENT WHICH MODIFIED SAID DEED OF TRUST AS THEREIN PROVIDED WAS RECORDED: APRIL 11, 1996 AS INSTRUMENT NO.96-583527. A DOCUMENT WHICH MODIFIED SAID DEED OF TRUST AS THEREIN PROVIDED WAS RECORDED: MAY 2, 1997 AS INSTRUMENT NO.97-671322. IN THE OFFICE OF THE COUNTY A FINANCING STATEMENT FILED RECORDER SHOWING: DEBTOR: PALOS VERDES LAND HOLDINGS COMPANY, L. P., A CALIFORNIA LIMITED PARTNERSHIP SECURED PARTY:• BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION. DATED: DECEMBER 22, 1992. DECEMBER 31, 1992 AS INSTRUMENT NO.92-2456602. RECORDED: PROPERTY COVERED: SAID LAND. 10. (AFFECTS THIS AND OTHER PROPERTIES) A DEED OF TRUST TO SECURE AN INDEBTEDNESS, FACE AMOUNT: $31,218,327.00. TRUSTOR: PALOS VERDES LAND HOLDINGS COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP. TRUSTEE:• EQUITABLE DEED COMPANY,A CALIFORNIA CORPORATION. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, BENEFICIARY: A NATIONAL BANKING ASSOCIATION. DATED: APRIL 27, 1994. RECORDED: APRIL 29, 1994 AS INSTRUMENT NO. 94-828484. AS THEREIN PROVIDED WAS MODIFIED SAID DEED OF TRUST A DOCUMENT WHICH RECORDED: AUGUST 18, 1995 AS INSTRUMENT NO, 95-1359564. A DOCUMENT WHICH MODIFIED SAID DEED OF TRUST AS THEREIN PROVIDED WAS RECORDED: APRIL 11, 1996 AS INSTRUMENT NO.96-583528. MODIFIED SAID DEED OF TRUST DOCUMENT WHICH AS THEREIN PROVIDED WAS RECORDED: JUNE 28, 1996 AS INSTRUMENT NO. 96-1027899. AFFECT THE TITLE TO, OR MATTERS WHICH MAY 11. THIS REPORT IS INCOMPLETE AS TOLIMINATED BY IMPOSE LIENS OR ENCUMBRANCES ON, SAID LAND, UNLESS E STATEMENT(S)OF IDENTITY FROM: ALL PARTIES. OF PARTNERSHIP 12. THE REQUIREMENT THAT A STATEMENTOR CERTIFICATE OF LIMITED PARTNERSHIP,AS APPLICABLE, BE SUBMITTED FOR OUR EXAMINATION,APPROVAL AND RECORDATION, FROM: PALOS VERDES LAND HOLDINGS IV. COMPANY BE PROVIDED THE REQUIREMENT THAT THEWITH A FULL AND COMPLETE COPY OF THE EXECUTED PARTNERSHIP AGREEMENT OF THE HEREIN NAMED 4 ' a 9808269-51, ME,AE-January ,Luu-� 111 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF LOTS 87 AND 115 OF L.A. C.A. MAP N0.51, IN THE CITY OF RANCHO PALOSSSESSORS� MAPSTHE OFFICE OF IN BOOK 1,PAGE 1 OF AIN VERDES,AS PER MAP RECORDED AND OF TRACT 23434, IN SAID CITY, AS PER MAP RECORDER OF SAID COUNTY, THE COUNTY RECORDED IN BOOK 624, PAGES 57 TO 60 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: OF LOT 40 OF TRACT AT THE MOST NORTHERLY CORNER 23434, AS PER MAPpF THE COUNTY PAGES 57 TO 60 INCLUSIVE OF MAPS, IN THE OFFICE RECORDED IN BOOK 624, RECORDER OF SAID COUNTY,SAID CORNER BEING ALSO THE MOST WESTERLY CORNER OF THEOF LAND DESCRIBED IN DEED TO FILIORUM CORPORATION, RECORDED IN BOOK D319 PAGE 450 E NORTHEASTERLY AND FOLLOWING THE SAID COUNTY; THENCE OFFICIAL RECORDS OF NORTHWESTERLY BOUNDARY OF LAST MENTIONED LAND AND THE SOUTHERLY BOUNDARY OF --EAST 20.62 FEET OF TRACT 23434,NORTH 36°37'00" BARKENTINE ROAD,AS SHOWN ON SAID MAP NORTHERLY AND OF BEGINNING; THENCE TO THE TRUE POINT NORTHEASTERLY AND FOLLOWING THE BOUNDARY OF SAID LAND, NORTH 36°37'00" EAST 329.38 FEET TO THE FEET, WESTERLY, BEGINNING OF A TANGENT CURVE CONCAVEHAVING A RADIUS OF 175.00° X00"AN ARC DISTANCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5437 OF 166.82 FEET;THENCE RADIALLY TO SAID CURVE NORTH 72°00'00" EAST 239.08 FEET TO THESp A POINT IN THE CORNER OF THE HEREINBEFORE MOST NORTHERLY SAID LAND, BEING AL SOUTHWESTERLY BOUNDARY OF LAND DESCRIBED IN DEED TO FILIORUM CORPORATION,• THENCE RECORDED IN BOOK 10795, PAGE 45 OF OFFICIAL RECORDS OF SAID COUNTY, MENTIONED LAND, NORTH BOUNDARY OF LAST NORTHWESTERLY ALONG SOUTHWESTERLY IN DEED TO THE MOST SOUTHERLY CORNER OF LAND DESCRIBED 43°52'40"WEST 75.28 FEET TO 3125, IN BOOK PALOS VERDES CORPORATION, RECORDED ON JULY 9, 1953 AS DOCUMENT NO.D FOLLOWING OF SAID COUNTY; 42176 PAGE 316 OFFICIAL RECORDSTHENCE NORTHERLY AN THE EASTERLY BOUNDARY OF LAST MENTIONED LAND, NORTH 10°59'20" EAST 167.41 FEET, " 7°40'50" EAST 180.00 FEET, NORTH 12°31'40" EAST NORTH 13°35 00 EAST 294.00 FEET, NORTH FEET, NORTH WEST 194.00 FEET, NORTH 14°34'00" WEST 183.00 175.00 FEET, NORTH 23°24'10" WEST 150.00 FEET TO THE MOST NORTHERLY 2°08'30" EAST 127.00 FEET, AND NORTH 43°45'55" E SOUTHWESTERLYED LAND, SAID CORNER BEING A POINT IN TH CORNER OF LAST MENTIONED BOUNDARY OF LAND DESCRIBED IN HEREINBEFORE SAID DEED TO FILIORUM CORPORATION, RECORDED IN BOOK 10795 PAGE 45, WESTERLY OFFICIAL RECORDS;THENCE NORTHERLY AND " FOLLOWING THE BOUNDARY OF SAID LAND,NORTH 43°45'55"WEST 905.53 FEET,SOUTH 14°2600 WEST 296.21 FEET WEST 73123 FEET, AND NORTH 66°10'25" TO AN ANGLE POINT IN THES PARCEL NO.3 IN DEED TO HERBERT THE LAND DESCRIBED A SOUTHEASTERLY BOUNDARY OF RECORDED ON SEPTEMBER 4, 1959 IN BOOK D594 60, OFFICIAL RECORDS OF SAID COUNTY;THENCE PAGE 4 AND SEYMOUR OWENS, I60, KRONISHSOUTHWESTERLY AND SOUTHERLY FOLLOW OF SAID LAST MENTIONED LAND, SOUTH EASTERLY BOUNDARY THE SOUTHEASTERLY AND 482410 WEST T 448.32 FEET;THENCE SOUTH 3°10'50"EAST 829.33 FEET TO THE NORTHEASTERLY 2 IN HEREINBEFORE SAID OF LAND DESCRIBED AS PARCEL NO. DEED TO HERBERT THENCE SOUTHERLY AND FOLLOWING, THE EASTERLY OWENS; KRONISH AND SEYMOUR EAST 992.21 FEET;THENCE SOUTHEASTERLY BOUNDARY OF SAID PARCEL N0.2, SOUTH 8°24'29" � n THE MOST BOUNDARY, SOUTH 60°00 00 EAST 406.78 FEET TO AND LEAVING SAID EASTERLY BOUN � NORTHERLY CORNER OF LOT 8 OF TRACT NO. 23434;THENCE ALONG THE BOUNDARY OF SAID TRACT 23434,AS FOLLOWS: ° '49" EAST 139.96 FEET; SOUTH 79°00'49" EAST 291.24 FEET; SOUTH 79 07 OUTH 9°37'31" WEST-EASTERLY EAST 32.96 FEET TO AN A 250.49 FEET AND SOUTH 77°55'09" NGLE POINT IN THE NOR BOUNDARY OF LOT 14 OF SAID TRACT 23434;THENCE SOUTH 22°36'07" EAST 200.00 FEET TO THE 6 j S • •EXHIBITA UST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) ASSOCIATION 1.CALIFORNIA LAND TITLESTANDARD COVERAGE POLICY- 199 0 SCHEDULE B • EXCEPTIONS FROM COVERAGE • the Company will not pay costs,attorneys'fees or expenses)which arise by reason oTreal property or by the policy door not insure against loss or damage(and pproceedings,whether sor not shown by the records public reassessments which are not shown as existing liens by the records of any taxing authority that suches taxes or assess i records.Proceedings by a public agency which may result in taxes or assessments,or notice of public of such agency or by the public records. public records but which could be ascertained by an inspection of the land or which may be Any facts,rights,interests or claims which are not shown by the asserted by persons in possession thereof. Easements,liens,or encumbrances,or daims thereof,which are not shown by the other facts a correct survey would disclose,and which are not Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any shown by the public records. ions in stents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water, (a)Unpatented mining claims;(b)reservations or except p whether or not the matters excepted under la),(b),or(c)are shown by the public records. EXCLUSIONS FROM COVERAGE is and the Company will not pay loss or damage,costs,attorneys'fees or expenses which following matters are expressly excluded from the coverage of this policy le by reason of: limited to building and zoning laws,ordinances or regulations)restricting•regulating, (a)Any law,ordinance or governmental regulation(including but not limland•(ii)the character,dimensions or location of an improvement now orart;or hereafter erected prohibiting or relating to(i)the occupancy,use or enjoyment of the is or was a hi or a change in the dimensions or area of the land or any parcel of which tt land he extent thapa notice of the on the land,(iii)a separation in ownership otection,or the effect of any violation of these laws,ordinances or governmental I re violation'affecting except to the land has been recorded in the public environmentalpr enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violationalleged records at Date of Policy. above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or (b) encumAny governmental resultingnfrom power avie a exctionluded ed violation affecting the lend has been recorded in the public records at Date of Policy. Rights of emce tdomain l vs notice 9 but not excluding from coverage any unless of the exercise thereof has been recorded in the public recordsfor value wiat Date of thout knowledge. eminent takingwhich has occurred prior to Date of Policy which would be binding on the rights of a purchaser Defects,liens,encumbrances,adverse claims,or other matters: (a) e insured claimant; whether n not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to h claimant and not disclosed in writing to the not known to the Company,not recorded in the public records at Date of Policy,eet i�known under pee red)icy; (b) Company by the insured claimant prior to the date the insured claimant became (c) resulting in no loss or damage o Date rne o dPola+c1/:or id) attaching or created subsequentusteined if the insured claimant had paid value for the insured mortgage or for the estate or interest (e) resulting in loss or damage which would not have been s insured by this policy a because of the inability or failure of the insured at Date of Policy,or the inability or failure of any . Unenforceability of the lien of the insured mortgage the nd ted. subsequent owner of the indebtedness,to comply with the applicable"doing business"laws of the state in which evidenced de s si a the insured mortgage end is Invalidity or unenforceability of the lien of the insured mortgage.or claim thereof,which arises out of the transaction • . In tY based upon usury or any consumer credit protection or truth in lending law. m in the insured the estate or interest insured by their policy or the transaction creating the interest ofthe Any claim,which arises out of the transaction vesting insured lender,byreason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. e 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B- 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE (includingbut not limited to building and zoning ordinances).restricting or regulatinger erected prohibiting the land,or . Any law,ordinance or yortof thgovernmental regulation ent of the land,or regulating the character,dimensions or location of any improvement now or her p�,pancy,use or enjoyment reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or prohibiting a separation in ownership or a redo governmental regulation. power unless notice of the exercise of such rights appears in the public records at Date of Policy. 2. Rights of eminent domain or governmental rights or police 3. Defects,liens,encumbran.ss,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)acquired known no an estate or olicy or at the date Company and not shown by the public records but known to the insured claimant either at Date of Prior to the date such such claimant mclaimantnscbecameiredan insured interest insured by this policy end not disclosed in writing by the insured claimant to g orthe Company created subsequent to Date of Policy;or le)resulting in loss or damage hereunder;Ic!resulting in no loss or damage to the insured claimant;id value for the estate or interest insured by this policy. which would not have been sustained if the insured 3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS a Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph When the American Land Title Association policy is used as a Standard Coverage 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: he records of any taxing authority that levies taxes or assessments on real property or by the 1. Taxes or assessments which are not shown as existing liens by t public records. shown b the public records but which could be ascertained by an inspection of said land or by making 2. Any facts,rights,interests,or claims which are not y inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the publiother facts which a correct survey would disclose,and which are not c records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachme or Y shown by public records. title 5. UAny enedor htmining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,la the publle to water. An lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law andnot shown 6. Y9 ► SCHEDULE• S which arise by reason of: policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses) or by the existingliens by the records of any taxing authority that levies taxes or assessments on real property Taxes or assessments which are not shown as public records. public records but which could be ascertained by an inspection of said land or by making Any facts,rights,interests,or claims which are not shown by the inquiry of persons in possession hereof. ecords. Easements,claims of easement or encumbrances which are not shown by the e public r other facts which a correct survey would disclose,and which are not Discrepancies,conflicts in boundary lines,shortage in area.encroachments, any shown by public records. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. p labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. Any lien,or right to a lien,for services,I 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE i policyand the Company will not pay loss or damage,costs,attorneys'fees orexpenses which 3 following matters are expressly excluded from the coverage of th s ;e by reason of: (includingbut not limited to building and zoning laws,ordinances or regulations)restricting.regulating,her erected tel Any law,ordinance or governmental regulation the character,dimensions or location of any improve prohibiting or relating to(i)the occupancy,use or enjoyment of thns'to se 'or)area of the land or any parcel of which the land is or was a part:or(iv) on the land,(iii)a separation in ownership or a change in the dime environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a recorded notice of the the public notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has h enforcement thereof or a Holt records at Date of Policy. by(a)above,except to the extent that a notice of the exercise thereof or a notice Pofl a defect,lien or (b) Any governmental police power not excluded from a violation or alleged violation affecting the land has been recorded in the public records f at Dt but not excluding from coverage any encumbrancecy. resultingnin Rights of eminent domain unless notice of the exercise thereof has been recordd the the his of records et for value without knowledge. taking which has occurred prior to the Date of Policy which would be binding on9 Defects,liens,encumbrances,adverse claims,or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; hepublic records at Date of Policy,but known to the insured claimant and not disclosed in writing tot e (b) not known to the Company,not recorded in t p Company by the insured claimant prior to the date the insured claimant became an insured under this policy, P Y (c) resulting in no loss or damage to the insured of Policy;o claimant; (di attaching or created subsequent to Date tel resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. in in the insured the estate or interest insured by this policy,by reason of the operation of federa . Any claim,whil ch arises out of the transaction vesting bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: the estate or interest insured by this policy being deemed a fraudulent conveyance orafraudulent here t the tial transfer results from the (i) the transaction creating (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except failure: (a) to timely record the instrument of transfer;or or lien creditor. (b) of such recordation to impart notice to a purchaser for value or a judgment 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph Nhen the American Land Title Association policy is used as a Standard 9 3 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B or dame a tend the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: This policy does not insure against loss 9 Part One: i bythe records of any taxing authority that levies taxes or assessments on real property or by the 1• Taxes or assessments which are not shown as existing liens public records. shown b the public records but which could be ascertained by an inspection of said land or by making 2. Any facts,rights,interests,or claims which are not Y inquiry of persons in possession thereof. rds. 3. Easements,claims of easement or encumbrances which are not shown by the public reco efacts which a correct survey would disclose,and which are not 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments, any shown by public records. 5• Unpatented mining claims:reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claimstill c records• ororle to water. ds.to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by he 6. Any lien, g ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 10. AMERICAN LAND TITLE EXCLUSIONS Exce tions in Schedule 8,you are not insured against loss,costs,attorneys'fees and expenses Sens s 1. resulting from: Iaddttton to the p es building and zoning ordinances and also laws and Governmental police power,and the existence or violation of any law or government regulation. regulations concerning:• land use ® land division o improvements on the land 0 environmental protection This exclusion does not apply I to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: o a notice of exercising the right appears in the public records on the Policy Date the taking happenedprior rior to the Policy Date and is binding on you if you bought the land without knowing of the taking. e 3. Title Risks: o that are created,allowed,or agreed to by you o that are known to you.but not to us.on the Policy Date-unless they appeared in the public records o that result in no loss to you that first affect your title after the PolicyDate-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks ® 4. Failure to pay value for your title. 5. Lack of a right: o to any land outside the area specifically described and referred to in Item 3 of Schedule A,or ▪ in streets,alleys.or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. • g f 23 . 3 �•t1��•PfO• .E 1.. „� 800 . 85031 M O-85 }'-` . y • (/ • ' •0 e • • S • 7148 7091 •• �• C] 0 ▪ • /STA E.N?.. b` I �{A L. -C zit lia%01°114 1 • ' l411 / SSISA ' Cik'4* • • • 0 8 . • • , i .7,.,,„ .. .2, . ,...., .,,"„J G • . (4 -AN am., „„, „,,,„, iii, 1,1)4' 0 •. :, . mIU kits•z,+. . /•,,L *t1,��M►`�4 0 ,..,,,, ‘,* /BLVD. • • • 1 Ib ? ,Y`4 • .• � fix �' NI.3tf1� w w • • 9 ,� `+�• ri 4 LC , 0 R• Cs• 1 .A C • ,'•'ilk': . • '. •/' IA" ev.e,Sl't d �,, y _ RAIL •-• 115 .�• �..r • !�S. �. "• •• . Rio vow A \ ® . .. tpmezi-rAv I% � �c ',lir .•... e . e ii'd • • ti ; arts 4 • i o. =xtO:Ac. .1 4 ,N. 3� • i • ,� • �"•••��r,' ,ty, L 1 ..„, cif - C • �O rte• ,- -., . • Y . . r., VIN . : • • • k W- • . ir•w' Lr. • 4 tit c BK, ! e ' • ` /rEtN LiI/v/}Ali.N/9fBK - •S . . C bt •� 7572 o' j 757 } �; cc • �f• 4jj Is ,If -:... C •• J, . . 0 I ♦... , r�b 1r� W�w�Df rA Mi.MISS 0. . • • w s ,� �'=aW • C CODE i 7148 . • 7091 Q • ., � A.M. 1-� -,. . . ASSESSOR'S MAP C . MAP• NO.'51 • ' • L.A.G.A, ,- • CpUNTY OF LOS ANGELES, CALF. cna PREV. ASSMT SEE: • • 4110 RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW ► A PRO SIOIWL coR1►okATioN THIRTY-EIGHTH FLOOR CAROL VV: LYNCH ass SOUTH HOPE STREET CLYNCH@,RWOLAW.coM LOS ANGELES,CALIFORNIA 90071-1469 (213)233-0231 (ala)626-oaea FACSIMILE(2,13)6Z6.0076 November 13,2000 Les Evans e o City Manager City of Rancho Palos Verdes 3090 Hawthorne Blvd Rancho Palos Verdes,CA 90275 Re: ,R e Pro tzar For P,1-n ' ALA e B the Ci Dear Les: As you know,the appraiser has completed his review of certain vacantwithin properties the Landslide Moratorium area that are being considered by the City for possible purchase for open space and habitat conservation puxposcs. The raiser still is in theprocess of aPP completing the fOI'n'1a1 appraisals. However,the appraiser has concluded,based upon an evaluation of sales ales of comparable properties,that the fair market value for property in this area of the City is$39,000 per acre,and$0.90 per square foot of land area. In response to requests that you have received about the appraisalsenclosed� wi th this letter is a copy of the sales summary of the properties that the appraiser found to be comparable ' ro P p le with the properties within the City. This information is intended to be a document that is aubli P c record and can be disclosed to interested parties or to any member of the public who requests a copy. do not hesitate to contact me,if you need anyadditional information . about this issue. • Very truly yours, Carol W. Lynch Enclosure r R687600011633340.1 l .444?" !!..f?-- • . ,0 - . -,Ofier; Six twentyfive thousand dollars ($625,000)for the development, Six hundred rehabilitation,and improvement to the Norwalk Aquatic Pavi••l•,ion. . ;:.....�.• NN. Twomillion it ' five hundred thousand dollars ($2,500,000)to the City of Palmdale the development of the Anaverde Basin/Sports Complex. for pn� . .. ,. .:fir.••- •. •� ..• .. {. 1:•'. . . 00. Five hundred thousand dollars ($500,000)to the City of Palos Verdes for "the acquisition of land for coastal access,trails and other open space purposes. o PP. Three hundred thousand dollars ($300,000)to the City of Paramount for the development of an at-risk youth center located at Progress Park. QQ. One million nine hundred thousand dollars($1,900,000)to the City of Pasadena in accordancewith the following schedule: .,: '��: i. One million dollars $1,000,000)for the development and rehabilitation of H.ahamonga Watershed Park in accordance with the Hahamonga Park .Master Plan. ii. Nine hundred thousand dollars ($900,000) for the development and 0`(, rehabilitation of Brookside Park's Fannie Morrison Facility for the planned Kidspace Museum. RR. One million dollars ($1,000,000)to the City of Pico Rivera for the development and rehabilitation of the Pico Rivera Community Center/Rio Hondo Park. SS. Four million dollars ($4,000,000) to the City of Rancho Palos Verdes for the acquisition of critical natmal lands and wildlife habitat in the vicinity of ,PortugueseBend for preservation as open space. 4 i 1 •,' TT. Three hundred thousand dollars ($300,000)to the City of Redondo Beach for the rehabilitation,development and/or improvement of Seaside Lagoon. UU. One million dollars ($1,000,000) to the City of Rolling Hills Estates for the acquisition of natural lands, wildlife habitat, open space and/or equestrian facilfties. W. One million dollars $1,000,000 to the City of Rosemead for the development of Garvey Park Recreation Center. 19 c t e-P ,P i URCHASE AGREEMENT AND ESCROW INSTRUCTIONS . 1 Asv,i&iscY`-4,-) THIS PURCHASE AGREEMENT AND ESCROW INSTRUCTIO. ("Agreement") is made as of February2001 (the"Effective Date"),by and between PALOS VERDES PORTUGUESE BEND,LLC, a California limited liability company("Seller"), and THE CITY OF RANCHO PALOS VERDES ("Buyer"), as follows: Purchase and Sale. Upon all the terms and conditions contained herein, 1. p Buyer hereby agrees to purchase from Seller and Seller agrees to sell to Buyer that certain real property(the"Land") described on Exhibit A attached hereto and incorporated herein by this reference and consisting of 98.306 acres. 2. g O enin of Escrow. Concurrently with the execution of this Agreement, Opening Seller and Buyer shall open an escrow(the "Escrow") with First American Title Insurance y p Company at 520 N. Central Avenue, Glendale, California 91203, Attn: Cindy Young(the Holder") deliveringa fullyexecuted copy of this Agreement to Escrow Holder. Escrow by Escrow Holder will execute copies of this Agreement and return fully executed copies hereof to p g Buyer and Seller when Escrow has opened. Escrow shall be deemed open upon Escrow Holder's execution hereof. In addition, partiesagree the a ee to be bound by the standard escrow General B and incorporated attached hereto as Exhibit herein by this reference. In the event of any discrepancy between this Agreement and such General Provisions, the provisions of this Agreement shall prevail. 3. Closing of Escrow. The closing (the "Closing") of the purchase and sale e through Escrow ten(10)business days after request by Buyer that the of the Land shall take plac g Closing occur, provided that in no event shall the Closing occur later than August 20, 2001 (the "Closing Date"). 4. Purchase Price. Provided the Closing occurs on or before the earlier to occur of one hundred twenty(120) days s after the Effective Date or June 19, 2001 (such earlier date being hereinafter referred to as the "Interest Accrual Date"), the purchase price for the Land shall be Three Million Eight(the"Purchase Price") Hundred Thirty-Three Thousand Nine Hundred Thirty-Four and 00/100 Dollars($3,833,934.00). If the Closing does not occur on or before the Interest Accrual Date, then the Purchase Price shall be increased by an amount equal computed on a daily ten percent (10%)per annum, p basis based upon a year of three hundred sixty-five (365) days, commencingas of the first day after the Interest Accrual Date and continuing to and Closing.includingthe Closin . The Purchase Price shall be payable as follows: (a) pDeposit. Concurrently with the execution of this Agreement, Buyer shall deposit into Escrow cash in the amount of Ten Thousand and 00/100 Dollars ($10,000.00). g (b) Cash at Closing. The remainder of the Purchase Price shall be deposited into Escrow, in cash or by wire transfer of immediately available federal funds, by Buyer at or prior to Closing. OC DOCS\4101 8 5 1W971 hereunder • (except for indemnity obligations of either party pursuant to rights or obligations any the other provisions of this Agreementexcept and as set forth in Section 12 below),the entire p deposit pursuant to Section 4(a) and any accrued interest thereon shall be returned to Buyer and eachpartY shall bear its own costs incurred hereunder. (b) Pre-Closing"Gap"Title Defects. Buyer may, at or prior to p • writing "GapNotice") of anyobjections to title(i)raised by the Closing,notify Seller in writing(the Title Company between the expirationInspection• of the Title Period and the Closing and(ii)not known to Buyer disclosed by the Title Company or otherwiseprior to the expiration of the Title Y • Seller of such objection to title within ten(10) days of Inspection Period. Buyer must notify � exception. If being made aware of the existence of suchBuyer sends a Gap Notice to Seller,then p and obligations Buyer and Seller shall have the same rights with respect to such notice as apply to a Title Notice under Section 6(a)hereof. y 7. Property Studies. Buyer shall have until 5:00 p.m. local time on the Interest Accrual Date(the"Due DiligencePeriod") to enter upon the Land, at reasonable times after the giving of at least forty-eighthours' notice to Seller, for the purpose of conducting deem necessary tests and studies as Buyer may and desirable, and to undertake such other investigations and studies asBuyermay deem necessary and desirable, all at Buyer's sole cost, obtaining and reviewinga Phase I Environmental Report and including,but not limited to ob g investigating sources of financing for purchase the under this Agreement. Immediately after performing such tests and studies, i s Buyer shall restore the Land to the same condition as prior to performing such tests and studies, including,without limitation, recompaction or removal of any reasonably disrupted soil or material as Seller maydirect. Notwithstanding anything to the not conduct • contrary contained herein, shallBuyer any drilling on the Land or otherwise disturb without Seller's prior written consent, which consent will not be any soil on the Land unreasonably denied or delayed. If Buyer determines that Buyer is unwilling to consummate the Land, whether based on dissatisfaction with the results of any such tests or purchase of the studies or for any other reason or for no reason, and Buyer gives written notice to Seller and to Escrow Holder of its determination prior to the expiration of the Due Diligence Period,then this concurrently shall automatically terminate with the giving of such notice to Seller. Buyer's failure to give such notice of determination in writing prior to the expiration of the Due to constitute Diligence Period shall be deemedBuyer's election to proceed with the purchase. Buyer hereby indemnifies, defends and holds Seller harmless from any and all losses, damages, without limitation, reasonable attorneys' fees (and those costs,liabilities and expenses, including, fees incurred upon any appeals) and court costs incurred or suffered by Seller,whether directly or proximately,by the act or omissionBuyeror of Buyer's representatives during their inspections Y Agreement is terminated pursuant to the foregoing provisions of this of the Land. If this paragraph,then neither party shall have anyfurther rights or obligations hereunder(except for indemnitypursuant to this paragraph or the other provisions of this any obligations of either party p g , the entire deposit pursuant to Section in Section 12 below Agreement and except as set forth ) g 4(a) and any accrued interest thereon shall be returned to Buyer and each party shall bear its own costs incurred hereunder. 3 OC DOCS\410138 5[W971 � f f es. IF ESCROW DOES NOT CLOSE DUE TO I;l. Liquidated Damag BUYER'S HAVING COMMITTED ANY BREACH OF THIS AGREEMENT,THEN SELLER SHALL RETAIN ALL SUMS THEN HELD BY ESCROW HOLDER OR SELLER PURSUANT TO THE TERMS OF THIS AGREEMENT, TOGETHER WITH INTEREST EARNED THEREON, AS LIQUIDATED DAMAGES, WHICH AMOUNT IS THE BEST ESTIMATE BY THE PARTIES OF THE DAMAGES SELLER WOULD SUFFER FROM SUCH BREACH, IT BEING AGREED THAT IT IS EXTREMELY DIFFICULT,IF NOT IMPOSSIBLE AND IMPRACTICABLE, TO FIX THE EXACT AMOUNT OF DAMAGE WHICH WOULD BE INCURRED BY SELLER AS A RESULT OF SUCH DEFAULT BY BUYER. THEREUPON ESCROW SHALL BE CANCELLED AS PROVIDED ABOVE, ALL BE RETURNED TO THE RESPECTIVE INSTRUMENTS SHALL PARTIES WHO DEPOSITED SAME, THE PARTIES SHALL COMPLY WITH SECTION 12 BELOW AND TITLE AND ESCROW CANCELLATION CHARGES. IN BUYER SHALL PAY ALL ADDITION,IF ALL OR ANY PORTION OF SUCH SUMS HAVE BEEN DEPOSITED INTO BUYER OR SELLER, ESCROW HOLDER BY EITHER IS HEREBY IRREVOCABLY INSTRUCTED BY BUYER AND SELLER TO DISBURSE TO SELLER ALL SUCH SUMS UPON DEMAND OF SELLER ALONE AS LIQUIDATED DAMAGES FOR BUYER'S BREACH, PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671 ET. SEQ. t _ Buyer's Initials eller Initials Documents and Act . . a • the parties hereto agrees to 12. Further with each other, and to execute and deliver such further documents and cooperate in good faith perform such other acts as maybe reasonably necessary or appropriate to consummate and carry intounder this Agreement. If this Agreement is terminated effect the transactions contemplated gr . Seller anystudies, reports or other documents previously for any reason, Buyer shall return to p and shall deliver to Seller without charge any and to Buyer by Seller, all such documents which Buyer shall have obtained with respect to the Land at any time prior to such termination. 13. Representations, Warranties and Covenants of Buyer. Reliance. Prior to the Closing, Buyer shall conduct all (a) Sole inspections, investigations and analyses with respect to the Land as Buyer deems appropriate. forth herein, Buyer shall rely solely upon its own inspection, Except as expressly set o y . of the Land in purchasing the Land and shall not rely in any way upon investigation and analyses any representations, g information statements, agreements, warranties, studies, reports, descriptions, guidelines or other nformation or material furnished Seller or its representatives, whether oral or written, by p express orany implied, of nature whatsoever regarding any of the foregoing matters. (b) As Is, Where Is. Except as expressly set forth herein, Buyer acquiring represents and warrants that it isacquiring the Land "AS IS, WHERE IS" without representation t or latent condition affecting the Land in any way, whether or not by Seller, and that no patent known or discoverable or hereafter discovered, shall affect Buyer's obligations contained in this 5 OC DOCS\41013 8.5 1W971 4 • • •E • ' ' waivingmayat any time thereafter require further the same or any:other provision. Aparty • anybreach orprovision so waived. The consent by one party compliance by the other party with consent was required shall not be deemed to imply consent to any act by the other for which such q or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as • rights, remedies,undertakings, obligations, options, otherwise specified in this Agreement. All g , • contained in this Agreement conditions and agreements shall be cumulative and no other. Except as otherwise specified herein, either party one of them shall be exclusive of any p g options pursue any one or more of its rights, or remedies hereunder or may seek damages in the event of the other party's breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreement. 17. Attorneys' Fees. an In the event of action or proceeding instituted Y between Seller, Buyer and/or Escrow Holder in connection with this Agreement,then as between Buyer and Seller the prevailing party shall be entitled to recover from the losing party all of its limitationcourt costs,all costs of appeals and reasonable costs and expenses,including, without li , attorneys' fees. Anynotice,request, demand,consent, approval or other 18. Notices. q onlyif permitted hereunder or communication required or by law shall be validly given or made in • • to an officer or dulyauthorized representative of the other writing and delivered in person d mail, dulycertified or registered (return receipt requested), party or deposited in the United States postage prepaid,t e re aid, and addressed to the party for whom intended, as follows: If to Seller: Palos Verdes Portuguese Bend, LLC 25200 La Paz Road, Suite 210 Laguna Hills, CA 92653 Attn: Mike Walker Telephone: (949) 586-4400 Facsimile: (949) 586-3305 If to Buyer: The City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Attn: Les Evans, City Manager Telephone: (310) 3 77-03 60 Facsimile: (310) 377-9868 If to Escrow Holder: First American Title Insurance Company 520 N. Central Avenue Glendale, CA 91203 Attn: Cindy Young Phone: (818) 242-5800 Ext. 5108 Facsimile: (818) 240-5994 7 OC DOCS\410138.5[W97] d . 4110 as a result of open space funds from Proposition A. Buyer covenants to use proceeds available p p . cess funds as soon as reasonably possible after the its best efforts in order to obtain the necessary . • such best efforts, Buyer is unable to secure such funds prior to Effective Date. If, despite using Y shall automatically Closing Date,then this Agreement terminate, neither party shall have any ions hereunder(except for any indemnity obligations of either party further rights or obligat Agreement and except pursuant to the other provisions of this gr as set forth in Section 12 above), • 4 a and anyaccrued interest thereon shall be returned to the entire deposit pursuant to Section ( ) Buyer and each partyshall bear its own costs incurred hereunder. y IN WITNESS WHEREOF, parties the have executed this Agreement as of the datefirst above written and such date shall be deemed the date of this Agreement. SELLER: PALOS VERDES PORTUGUESE BEND, LLC, a California limited liability company By: HON MANAGEMENT G,LLC, a California limited liability company, member By: HON PROPERTY INVESTMENTS,INC.,a California corporation, Manager ii10" Its: BUYER: THE C TY OF RANCHO PALOS VERDES By: 12/1&‘ Its: Z-f' By: 9-0 ',Wet-e—a---C.. Its: Cull (AIR, dad!A 0 that Escrow opened as of their" day of February, 2001 as Escrow Holder hereby certifies p Escrow Number /' /1/ 7-Ai 0 • FIRST AMERICAN TITLE INSURANCE COMPAN X,4 i .v Com. By: C Its: 9 OC DOCS\41013 8.5 1W971 4: to t EXHIBIT-C TO PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS RECORDING REQUESTED BY: WHEN RECORDED,MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW,MAIL TAX STATEMENTS TO: Attention: (Space Above Line for Recorder's Use Only) Parcel No. GRANT DEED THE UNDERSIGNED GRANTOR DECLARES: DOCUMENTARY TRANSFER TAX IS $0 -EXEMPT UNDER R&T CODE SECTION 11922 Computed on full value of property conveyed; Computed on full value less the value of liens or encumbrances thereon remaining at time of sale. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PALOS VERDES PORTUGUESE BEND, LLC, a California limited liability company("Grantor"),hereby reb GRANTS to THE CITY OF RANCHO PALOS VERDES " property( Grantee ),the following described real "Property") in the County of Los Angeles, State of California: See Exhibit 1 attached hereto. MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE. Name Street Address City and State OC DOCS\410138.51W971 1 S.� AMER ,• C First American Titre ompany Los Angeles 520 N. Central Avenue Glendale, California California 91203 (818)242- ` C" : c2r-44-,L)z99-, LN(.14,0404Nt‘r,s,.. MARCH 23, 2001 FIRST AMERICAN TITLE 520 NORTH CENTRAL AVENUE GLENDALE, CA 91203 ATTENTION: NORMA YOUR NO. 1011178 OUR ORDER NO. 2110362-14 FORM OF POLICY COVERAGE: ALTA OWNERS IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE IN THE FORM SPECIFIED ABOVE, DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORM. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF MARCH 16, 2001 AT 7:30 A.M. Vs&x*QS PAUL F.SCHABOW,TITLE OFFICER EXTENSION 5014 DIRECT FAX(818)956-9959 1 L I 1 UJOL-14, ro, or% -Ivlrlrwn ca, £.vv 1 t 4 S, AMER, C I ifivilo, , III III . , a OFFICIAL RECORDS, ALONG, ACROSS AND UNDER THE SURFACE OF ANY STREETS AND HIGHWAYS EXISTING, AS OF OCTOBER 17, 1929 OR THAT MAY THEREAFTER BE LAID OUT AND DEDICATED UPON SAID LAND. 3. COVENANTS, CONDITIONS AND RESTRICTIONS BUT DELETING ANY COVENANT, CONDITION, OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, MARITAL STATUS, ANCESTRY, DISABILITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 U.S.C. § 3604(c) OR CALIFORNIA GOVERNMENT CODE § 12955. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS AS PROVIDED IN A DOCUMENT, RECORDED:- MARCH 6, 1940 IN BOOK 17264 PAGE 295, OFFICIAL RECORDS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. 4. AN EASEMENT FOR PURPOSES HEREIN STATED, AS SHOWN ON OR DEDICATED BY THE MAP OF: TRACT 23434. FOR: STORM DRAIN PURPOSES. AFFECTS: PORTIONS OF SAID LAND. 5. AN EASEMENT FOR PURPOSES HEREIN STATED, AND RIGHTS INCIDENTAL THERETO AS PROVIDED IN A DOCUMENT FOR: POLE LINES AND CONDUITS. AFFECTS: THAT PORTION OF LOT 57 L.A.C.A. NO. 51, AS DESCRIBED THEREIN. RECORDED: NOVEMBER 12, 1969 AS INSTRUMENT NO. 57. 6. AN EASEMENT FOR PURPOSES HEREIN STATED, AND RIGHTS INCIDENTAL THERETO AS PROVIDED IN A DOCUMENT FOR: POLE LINES AND CONDUITS. AFFECTS: A STRIP OF LAND 25 FEET WIDE, IN LOT 87 OF L.A.C.A. NO. 51, AS DESCRIBED THEREIN. RECORDED: AUGUST 29, 1972 AS INSTRUMENT NO. 3036. 7. (AFFECTS THIS AND OTHER PROPERTY) THE EFFECT OF NOTICE UNDER CIVIL CODE SECTION 813 DATED: JUNE 17, 1983 EXECUTED BY: PALOS VERDES PROPERTIES, A PARTNERSHIP RECORDED: JUNE 22, 1983 AS INSTRUMENT NO. 83-700063. WHICH AMONG OTHER THINGS PROVIDES THE RIGHT OF THE PUBLIC OR ANY PERSON TO MAKE ANY USE WHATSOEVER OF THE THEREIN DESCRIBED LAND OR ANY PORTION THEREOF (OTHER THAN ANY USE EXPRESSLY ALLOWED BY A WRITTEN OR RECORDED MAP, AGREEMENT, DEED OF DEDICATION) IS BY PERMISSION, AND SUBJECT TO CONTROL,- OF OWNER; SECTION 813, CIVIL CODE. 8. THE REQUIREMENT THAT A CERTIFIED COPY OF THE STATE OF CALIFORNIA, CERTIFICATE OF LIMITED PARTNERSHIP FORM L.P.-1, OF PALOS VERDES LAND HOLDINGS IV, A CALIFORNIA LIMITED PARTNERSHIP, BE SUBMITTED TO THIS COMPANY FOR OUR EXAMINATION AND RECORDATION. 3 ` ! AmER, 2110362-14, PS, SK - MAKUti Zi, 1UU1 c.7 ::43 01‘1. L LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF LOTS 87 AND 115 OF L.A. C.A. MAP NO. 51, IN THE CITY OF RANCHO PALOS VERDES, AS PER MAP RECORDED IN BOOK 1, PAGE 1 OF ASSESSOR'S MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND OF TRACT 23434, IN SAID CITY, AS PER MAP RECORDED IN BOOK 624, PAGES 57 TO 60 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 40 OF TRACT 23434, AS PER MAP RECORDED IN BOOK 624, PAGES 57 TO 60 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID CORNER BEING ALSO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO FILIORUM CORPORATION, RECORDED IN BOOK D319 PAGE 450 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY AND FOLLOWING THE NORTHWESTERLY BOUNDARY OF LAST MENTIONED LAND AND THE SOUTHERLY BOUNDARY OF BARKENTINE ROAD, AS SHOWN ON SAID MAP OF TRACT 23434, NORTH 36°37'00" EAST 20.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY AND NORTHERLY AND FOLLOWING THE BOUNDARY OF SAID LAND, NORTH 36°37'00" EAST 329.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 175.00 FEET, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54°37'00" AN ARC DISTANCE OF 166.82 FEET; THENCE RADIALLY TO SAID CURVE NORTH 72°00'00" EAST 239.08 FEET TO THE MOST NORTHERLY CORNER OF THE HEREINBEFORE SAID LAND, BEING ALSO A POINT IN THE SOUTHWESTERLY BOUNDARY OF LAND DESCRIBED IN DEED TO FILIORUM CORPORATION, RECORDED IN BOOK 10795, PAGE 45 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SOUTHWESTERLY BOUNDARY OF LAST MENTIONED LAND, NORTH 43°52'40" WEST 75.28 FEET TO THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO PALOS VERDES CORPORATION, RECORDED ON JULY 9, 1953 AS DOCUMENT NO. 3125, IN BOOK 42176 PAGE 316 OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHERLY AND FOLLOWING THE EASTERLY BOUNDARY OF LAST MENTIONED LAND, NORTH 10°59'20" EAST 167.41 FEET, NORTH 13°35'00" EAST 294.00 FEET, NORTH 7°40'50" EAST 180.00 FEET, NORTH 12°31'40" EAST 175.00 FEET, NORTH 23°24'10" WEST 194.00 FEET, NORTH 14°34'00" WEST 183.00 FEET, NORTH 2°08'30" EAST 127.00 FEET, AND NORTH 43°45'55" WEST 150.00 FEET TO THE MOST NORTHERLY CORNER OF LAST MENTIONED LAND, SAID CORNER BEING A POINT IN THE SOUTHWESTERLY BOUNDARY OF LAND DESCRIBED IN HEREINBEFORE SAID DEED TO FILIORUM CORPORATION, RECORDED IN BOOK 10795 PAGE 45, OFFICIAL RECORDS; THENCE NORTHERLY AND WESTERLY FOLLOWING THE BOUNDARY OF SAID LAND, NORTH 43°45'55" WEST 905.53 FEET, SOUTH 74°26'00" WEST 731.23 FEET, AND NORTH 66°10'25" WEST 296.21 FEET TO AN ANGLE POINT IN THE SOUTHEASTERLY BOUNDARY OF THE LAND DESCRIBED AS PARCEL NO. 3 IN DEED TO HERBERT KRONISH AND SEYMOUR OWENS, RECORDED ON SEPTEMBER 4, 1959 IN BOOK D594 PAGE 460, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHWESTERLY AND SOUTHERLY FOLLOWING THE SOUTHEASTERLY AND EASTERLY BOUNDARY OF SAID LAST MENTIONED LAND, SOUTH 48°24'10" WEST 448.32 FEET; THENCE SOUTH 3°10'50" EAST 829.33 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED AS PARCEL NO. 2 IN HEREINBEFORE SAID DEED TO HERBERT KRONISH AND SEYMOUR OWENS; THENCE SOUTHERLY AND FOLLOWING THE EASTERLY BOUNDARY OF SAID PARCEL NO. 2, SOUTH 8°24'29" EAST 992.21 FEET; THENCE SOUTHEASTERLY AND LEAVING SAID EASTERLY BOUNDARY, SOUTH 60°00'00" EAST 406.78 FEET TO THE MOST NORTHERLY CORNER OF LOT 8 OF TRACT NO. 23434; THENCE ALONG THE BOUNDARY OF SAID TRACT 23434, AS FOLLOWS: SOUTH 79°00'49" EAST 291.24 FEET; SOUTH 79°07'49" EAST 139.96 FEET; SOUTH 9°37'31" WEST 250.49 FEET AND SOUTH 77°55'09" EAST 32.96 FEET TO AN ANGLE POINT IN THE NORTHEASTERLY BOUNDARY OF LOT 14 OF SAID TRACT 23434; THENCE SOUTH 22°36'07" EAST 200.00 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 14; THENCE NORTH 67°23'54" EAST 20.00 FEET TO THE MOST SOUTHERLY CORNER OF LOT 15 OF SAID TRACT 23434; THENCE NORTH 22°36'06" WEST 145.00 FEET 5 J EXHIBIT A LIST G. eiRINT CEPTIONS•AND EXCLUSIONS (L,.?olicy • T 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result in taxes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens,or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under(a),(b),or(c)are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or regulations) restricting, regulating, prohibiting or relating to(i)the occupancy,use or enjoyment of the land;(ii)the character,dimensions or location of an improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable"doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights or police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by-the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c)resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. SCHEDULE B This policy does not insure against loss or da and the Company will not paY costs,attorneys'fees ores)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by,the records of any taxing authority evies taxes or assessments on real property or by the public records. 2. Any facts, rights,interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflict ^in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or regulations) restricting, regulating, prohibiting or relating to(i)the occupancy,use or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A,or • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. , . 01 .. O. ' . yefii05.21.00.5 00/-A; 7573 3 96W050.19a..1.00/-4 1 SCALE 1" ••• 400' .„ 0.t • Irr . . oz.. LU ....... ; ;.:.--.'.-•'-: c 1 ' BK. 7581 :-. 11/11 ‘.. zit/-0,issr ;Mit!44. (07 /----' .-.- ------"" :• 7581 , :•:3 -.,----1--' ; L....:,:..1..,. i. ,- ar .".,.. ..,C) • •'..i..-.C.,-..0 , •C:,.—..X.n— ' ui - ....1 ' WE 0 ......) C (1.) E o. / .1-J--, -,-„• ' :'. ::5-;.<.:!"::61•,!.:..:. . ,..,• -...) . ...... Q). .-4--- . -z "',--....D....m. ..e. 1: _V 70 A, • - 1 .. - , -....wt.-5 i'..,- .r.- , ,,,...e. • 1-A-7`"'-4 „ 4r-•,_0_0:11?.. . CC C,.:"70 C77t , CO co o . ...„ ,...„ p-. _•t s* tp ' % : -_,-_,. .- - ' ! t ' ..., LO 4 (1) --) cr.1 • I--- , -, - / ''.‘ le • l' " Ci) --it_,, t, -- -1..... I' .. .., _ • ‘ ., 0 ,al L..;,...J .4-....: ca_ . PI fir S•11 , L i 1111"-AC P.1 P.41%11114 I I 11 COL .11 ' (3 TARRAGON f i', ".ar.,.,.... ri.Al Mid (1) C. - 11 RD' - II li Ci 1'Ist . — . 9, ....., 7 ,...... 3s,got0ai s .- al , ..ar.A...IA s•its"' 7090 s• (0 1---------r-------°E-51----c.\IC sou ' • pp,L0-. -1-v-t N.... . N. . 0) CODE C) 0 40 0 7090o 7091 .. • ' CV .. I . 0 k. , • FOR PR EV. AS SM'T SEE: L.A.C.A. MAP NO. 51 . A.M. 1 - I 7573 •14 ASSESSOR'S MAP f:C 7581• 141.16 COUNTY OF LOS ANGELES, CALIF. t..... L.... 0 410 Alt*. IFATICIDILA • First American Title Company Los Angeles 520 North Central Avenue, Glendale, Cali:ornie 91203 (818) 242-5800 AMENDMENT TO ESCROW INSTRUCTIONS UCTioNs r_ June 14,2001 Escrow No:01011178-NO TO:FIRST AMERICAN TITLE COMPANY _ - - - _. . RE:APN#7581-023-021&7573-003-017,Rancho Palos Verdes,CA My previous escrow instructions in the above numbered escrow are hereby following particulars :onl amended and/or supplemented in theP y Buyer agrees that if escrow does not close within three(3) days of the District paying behalf of the Buyer,said funds shall be invested7 p Y g funds into escrow on in shares in beneficial interest issued by money market funds which are rate AAAm.-G, or better by Standard and Poors Corporation and Moody's v Service.Any interest earned on such investments shall bepaid toDistrict s In estor file D�stnct upon termination of the escrow agreement or dose of escrow. The Assessor's ID number in this transaction is/are:7581-023-O21 and 7573-003-017. *****AL1,OTHER TERMS AND CONDITION$SAAU,RZMAIr TRE SAME.***** EACH OF TIM 'UNDERSIGNED STATES THAT EACH HAS READ TEE FOREGOING INSTRUCTIONS, UNDERSTANDS THEM AND ACKNOWLEDGES RECEIPTF INSTRUCTIONS. O A COPY OF THESE SELLER: BUYER: The City of Rancho Palos Verdes e rcvo► N1 e.t-- ow moon Form DMT T I • iittP THIS COPY• IFAIFICIERA • First AmeriCatt Title Company Apt-k.r-fw-r-t),xrA.kt, Los Angeles 520 North Central Avenue,Glendale,California 91203 (818)2 ESCROW INSTRUCTIONS Officer � w Holder") Attention:Norma Ortiz Escrow To: FIRST AMERICAN TITLE COMPANY("Escrow ivel the "Purchase Agreement"). Only those 20, 2001 (collectively is copyof a purchase contract dated February with financing, escrow, allocation of costs, title and Attached anor executed thereof in the Purchase Agreement dealing • portions paythe broker commission,if any,constitute the paragraphs or applicable Seller's assignment of proceeds necessary the transaction described therein.We vesting,nstrac ion which you are,and . . with anyadditional mutual instructions,to close Holder's general provisions w instructions which are to use,along necessaryto complete this transaction. Escrowof the Purchase escro willadditional instructions, documents and forms these instructions. To the extent provisions of the execute • reverse side hereof and are incorporated into that the escrow instructions will control as to the duties are emted onr the contrary to the escrow instructions,it is agreed Agreement are inconsistent or con ry of Escrow Holder. Close of escrow is to occur on or before June 19,2001.(Please insert a business day.) Escrow will be deemed open when Escrow Holder has: 1. Received a fully executed copy of this instruction; 2. Received a copy of the Purchase Agreement;Y 3. Received Agreement;and the Buyer's deposit if so specified in the Purchase g 4. Executed a copy of this instruction indicating Escrow Holder's acceptance. Upon the openingof escrow, Escrow Holder is directed to: as directed by the Purchase Agreement; 1. Order the title commitment or preliminaryreport Order payoff demands from existing lienholders, to complete this transaction; 2. ' ional instructions,documents and forms necessary p 3. Forward additional each ins ection report received to all parties for their review; and 4• Forward a copy of p 5. Comply with lender's instruction, if any. the address shown below. s Escrow Holder is instructed to mail forms,documents and other items to the person entitled at remain in escrow for any reason more than 90 days after the close of escrow or if escrow has not closed, 90 Intoe event that funds �� rmanc Period"), Escrow Holder will make reasonable efforts to daysoafter the estimated closing date set forth in these instructions("Dormancy y Period, a monthly"funds held fee"of$25 shall partiesn regardingthe same. If funds remain in escrow beyond theDormancy reof, remain in escrow. Escrow Holder is accruefy the ach month thereafter that%the funds, or any portion the , for each month or fraction of a held in escrow on a monthly or other periodic basis (i.e., • deduct the monthly funds held fee directly from the funds Escrow Holder for administering, monitoring, authorized to parties agree to pay these sums to compensate quarterly, semi-annually, etc.). The, g processing of the funds so held in accordance with this provision. reminders and other notifications and proce g accounting, BUYERS: SELLERS: d LLC Palos Verdes Portuguese Bend, By: HON Property Investments, Inc., a California Rancho Palos Verdes p Y The City of Social Security Number: corporation Manager Boulevard, Mailing Address: , 30940 Hawthorne Rancho Palos Verdes, CA 9027 Social Security Number: La una MailingAddress: 2520 La Paz Road, Suite 210, g__— Hills CA 92653 Social Security Number: � - �ocial Security Number: Mailing Address:, 2520 La Paz Road,Suite 210 Mailing Address: Social Security Number: Social Security Number: Mailing Address: Mailing Address: , ORIGINAL TO:ESCROW HOLDER • COPIES TO:BUYER-SELLER-BUYER'S BROKER-SELLER'S BROKER 9005 Vision Form SE103CA Rev.02/12/98 � r identification numbers in their tax returns.Escrow Holder is not obligated to ` 1111 reporting and withholding requirements exist for real estate the taxpayer identification numbers to the IRS or to the parties. Certain federal rep g transmitP whered the seller (transferor) is a non-resident alien, anon- taxpayer identification transactions partnership Escrow Holder is authorized to release any party's or partnership, a domestic corporation orp P numbers to anyother party upon receipt of written request.The parties hereto controlledomestic corporationP bynon-residents or non-resident corporations or partnerships. waive all rights of confidentiality regarding their respectivagainst a taxpayer p an r identification numbers and agree to hold Escrow Holder harmlethe gelease of Identification Disclosure fees,costs,or judgments incurred and/or awarded because of 19.aTaxpayer Pantie Parties to a residential real estate transaction involving seller-provided taxpayer identification numbers. financing are required to furnish, disclose, and include taxpayerOF SUNDER CERTIFICATE OF AUTHORITY ISSUED BY THE STATE AMERICAN TITLE COMPANY CONDUCTS ESCROW BUSINES NT OF INSURANCE. FIRST CALIFORNIA DEPARTME • Initials Initials Initials Initials 90 Vision Form SEIO3CA Rev.02/12/98 t 1111 RANCHO PALOS VERDES CERTIFICATION OF COMPLIANCE BARKENTINE PROPERTY OPEN SPACE ACQUISITION Pursuant to Section B, Paragraph 11 under" General Provisions" of the project agreement between the Los Angeles County Regional Park and Open Space District and the City of Rancho Palos Verdes entitled " Barkentine Property Open Space Acquisition", the City of Rancho Palos Verdes hereby certifies that it has complied with all applicable state, federal and local laws, rules, regulations or ordinances. I, Dean E. Allison, declare that the above certification is true and correct. Date: :71)'`)e--- , t da I Dean E. Allison, Director of Public Works • W:\CAROLYNMREPORTS‘2001\CERTIFICATION FO COMPLINACE.doc • 110 10 • • limmomm � Los of ,+,�,Q c,04.; o \P •- LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT RECEIVED City of Rancho Palos Verdes April 23, 2001 APR 2 6 2001 Ms. Lauren Ramezani PUBLIC WORKS DEPARTMENT Senior Administrative Analyst Department of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Dear Ms. Ramezani: BARKENTINE PROPERTY OPEN SPACE ACQUISITION SPECIFIED GRANT#58H4-014284 Reimbursement Enclosed is an executed Project Agreement for your agency's file. Before payment can be made into escrow for accusation costs, you must provide the District the following documentation: • 1. Payment Request Form signed by the Director of Public Works. • 2. Project Cost Form. • 3. Compliance with California Environmental Quality Act(a CEQA notice of exemption form: filed, approved and stamped by the County Clerk's office)must be submitted, • 4. Youth Employment Plan, • 5. Preliminary Title Report, • 6. Appraisal Report, • 7. Copy of Offer or Purchase Agreement, • 8. Escrow Instructions, (3 day interest bearing clause), • 9. Statement of Just Compensation(if purchase price is lower than appraisal), • 10. Letter of compliance with property accusation law(see attached), Please refer to Page 21 of the Procedural Guide which contains further details for requesting reimbursement. Administrative Offices • 433 South Vermont Avenue • Los Angeles • California 90020-1975 • (213) 738-2961 Acquisition continued... Page 2 April 23, 2001 If you have any questions about reimbursement, this grant, or the Proposition A program, please contact me at (213) 738-3035. I look forward to working with you to ensure the successful completion of this important and worthwhile project. Sincerely, 7‘14 // Kevin Crilley Program Manager Enclosure c:\Award1284 • _ • i M Project Agreement Los Angeles County Regional Park and Open Space District Grant Specified Grant Program (From Los Angeles County Proposition A, Safe Neighborhood Parks,Gang Prevention,Tree-Planting,Senior and Youth Recreation, Beaches and Wildlife Protection("the 1992 Proposition"),which voters approved on November 3, 1992,and the Safe Neighborhood Parks of 1996("the 1996 Proposition"),which voters approved on November 5, 1996) Grant No. 58H4-01-1284 The Grantee listed below("Grantee") and the Los Angeles County Regional Park and Open Space District("the District") do hereby enter into this Project Agreement("this Agreement"), and under the terms and conditions of this Agreement, Grantee agrees to complete the project as described in the Description of Project and the District, acting through the Director of the County of Los Angeles Department of Parks and Recreation and pursuant to the Propositions, agrees to fund the project up to the total grant amount indicated. Grantee: City of Rancho Palos Verdes Project Name: Barkentine Property Open Space Acquisition Grant Amount: Four million dollars ($4,000,000.00) Awarded pursuant to Section(s) 3. c. 2. SS. of the 1996 Proposition. Description of Project: Acquisition of 98 acres of unimproved property located on the southern slope of the Palos Verdes Hills, between McCarrell's Canyon on the west and Barkentine Canyon on the east. Project Performance Period: FROM: November 05, 1996 TO: December 31, 2001 Page 1 • t411 • Special Provisions None. General Provisions A. Definitions 1. The term"Grantee"as used herein means the party described as Grantee on Page 1 of this Agreement. 2. The term "Application" as used herein means the individual application, and its required attachments, for the grant identified on Page 1 of this Agreement. 3. The term"Board of Supervisors" means the County of Los Angeles Board of Supervisors, acting in its capacity as the governing body of the District. 4. The term"District"as used herein means the Los Angeles County Regional Park and Open Space District. Unless otherwise specified, the Director of the County of Los Angeles Department of Parks and Recreation shall administer this contract on behalf of the District. 5. The term "Procedural Guide" as used herein means the Procedural Guide(s), and any subsequent amendments or changes thereto, issued by the District for grants awarded pursuant to the section(s)of the Propositions as described on Page 1 of this Agreement. 6. The term"Project" as used herein means the Project that is described on Page 1 of this Agreement. 7. The term"Propositions"as used herein means Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree-Planting, Senior and Youth Recreation, Beaches and Wildlife Protection, which voters approved on November 3,1992 and Safe Neighborhood Parks, which voters approved on November 5, 1996. B. Project Execution 1. Subject to the availability of grant monies from the Propositions, the District hereby grants to the Grantee a sum of money (grant monies) not to exceed the amount stated on Page 1 in consideration of, and on the condition that the sum be expended in carrying out, the purposes set forth in the Description of Project on Page 1 and under the terms and conditions set forth in this Agreement, the Propositions (see Attachment A) and the attached Application (see Attachment B). Grantee agrees to furnish any additional funds that may be necessary to complete the Project. Grantee agrees to budget and appropriate annually, in each fiscal year until completion of the Project, an amount equal to the total estimated cost of the Project less the grant amount stated on Page 1 of this Agreement. Page 2 Project Agreement t • 2. The term of this Agreement is from the date of execution by both parties through June 30, 2019. 3. Grantee agrees to complete the Project in accordance with the time of Project performance as set forth on Page 1, and under the terms and conditions of this Agreement and the Procedural Guide. The time of Project performance may be extended upon mutual agreement, in writing, of the Grantee and District. 4. Grantee shall comply as lead agency with the California Environmental Quality Act, Public Resources Code, Section 21000, et. seq. Prior to submitting requests for reimbursement of actual construction or acquisition costs, Grantee agrees to file with the District a copy of the Environmental Impact Report or Negative Declaration along with a response from the State Clearinghouse, if required; and a copy of the Notice of Determination filed with, and stamped by, the County Clerk, or a copy of the Notice of Exemption filed with, and stamped by, the County Clerk if the Project is categorically exempt. 5. Grantee agrees that, prior to incurring actual development and/or acquisition costs, it will submit all requested development and/or acquisition documents to the District for prior review and approval. 6. Grantee shall use monies allocated in this Agreement, to the maximum extent practical, to employ youth from the community in which the Project is being carried out. Grantee is encouraged, and has authority to use said monies, to provide funding through agreements with community conservation corps, the California Conservation Corps and other community organizations, particularly when youth can be employed to work on restoration or rehabilitation projects being carried on in their own communities. Such agreements shall be entered into solely for the accomplishment of the Project described on Page 1 of this Agreement. Therefore, prior to requesting reimbursement for actual construction, development or acquisition costs, Grantee must submit a report to the District describing its efforts to employ youth in the community. The report shall contain, at a minimum, the number and approximate age of youth to be employed at each stage of the Project , a description of the work the youth will perform, the process by which the youth shall be employed, the amount the youth will be paid and, the name of any organizations or agencies that will supply youth to be employed on the Project, as well as a description of Grantee's efforts to employ youth in every stage of the Project. Grantee must comply fully with all State and Federal laws regarding the employment of youth on the Project. Notwithstanding the above, the District reserves the right to establish goals for the employment of youth if, in the District's opinion, it is necessary to do so in order to accomplish the purposes of the Propositions. 7. Grantee agrees to file with the District copies of any contracts or agreements executed for work on the Project. Grantee further agrees that it will make a good faith effort to recruit and promote minority-owned and women-owned businesses to participate in the process for the Page 3 Project Agreement • award of any contracts or agreements executed for work on the Project. Therefore, when filing with the District a copy of any contract or agreement for work on the Project, said copy will be accompanied, at a minimum, by a description of the process used for identifying minority and women contractors or vendors; a list of firms from which the Grantee solicited or received offers; and comparative statistics regarding the minority and women participation and percentage of minority and women ownership of each contractor and subcontractor working on the Project. In addition, said copy will be accompanied by a statement affirming that, on final analysis and consideration of award, contractor or vendor was selected without regard to race, color, creed or gender, unless City, State or Federal laws and/or regulations or court decisions require otherwise, in which case the Grantee will state the applicable reason. Grantee further agrees to retain on file, and to make available to the District on request, statistical information regarding the minority and women participation and percentage of minority and women ownership in each firm participating in the bidding process. 8. Grantee agrees to secure completion of the development work in accordance with the approved development plans and specifications or force account schedule. 9. Grantee agrees to permit the District to make periodic site visits to determine if development work is in accordance with the approved plans and specifications, or force account schedule, including a final inspection upon Project completion. 10. Any modification or alteration in the Project, as set forth in the Application on file with the District, must be submitted, in writing, to the District for prior approval. No modification shall be effective until and unless the modification is executed by both Grantee and the District. 11. If the Project includes acquisition of real property, Grantee agrees to comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and any applicable federal, state, or local laws or ordinances. Documentation of such compliance will be made available for review upon the District's request. 12. If the Project includes acquisition of real property, Grantee agrees to furnish the District preliminary title reports respecting such real property or such other evidence of title that the District determines to be sufficient. Grantee agrees in negotiated purchases to correct, prior to or at the close of escrow, any defects of title that in the opinion of the District might interfere with the operation of the Project. In condemnation actions, such title defects must be eliminated by the final judgment. 13. If the Project includes landscaping, Grantee shall use drip irrigation systems and shall use drought-resistant or xerophytic trees, plants, lawn or sod, unless Grantee can show, to the District's satisfaction, that it is infeasible to do so. C. Project Costs The grant money provided under this program may be disbursed as follows: Page. 4 Project Agreement I t 1. If the Project includes acquisition of real property, the District may disburse to Grantee the grant monies as follows, but not to exceed, in any event, the District grant amount set forth on Page 1 of this Agreement: a. When acquisition is by negotiated purchase, the District may disburse the amount of the District-approved purchase price together with District-approved costs of acquisition. The District-approved purchase price shall not exceed the value contained in a valid appraisal report, unless the District agrees, in advance, to the higher price. b. When acquisition is allowed pursuant to the Propositions through eminent domain proceedings, the District may disburse the amount of the total award, as provided for in the final order of condemnation, together with District-approved costs of acquisition. Grantee shall bear all costs and make all advances associated with obtaining an order of immediate possession in an eminent domain proceeding. c. In the event Grantee abandons such eminent domain proceedings, Grantee agrees that it shall bear all costs in connection therewith and that no grant monies shall be disbursed for such costs. 2. If the Project includes development, after the completion of the Project or any phase or unit thereof, the District will disburse funds to Grantee only after the District has reviewed and approved all requested development documents and has received from Grantee a statement of incurred costs. The District may disburse funds in the amount of District-approved incurred costs shown on such statement, but not to exceed the District grant amount set forth on Page 1 of this Agreement, or any remaining portion of the grant amount. The statements to be submitted by Grantee shall set forth in detail the incurred costs of work performed on development of the Project and whether performance was by construction contract or by force account. Statements shall not be submitted more frequently than once a month, unless the District requests otherwise. The District must approve modifications of the development plans and specifications and/or force account schedule prior to any deviation from the District-approved plans and specifications, and/or force account schedule, unless previously authorized by the District. 3. The District may retain up to ten (10) percent of the grant amount pending project completion and verification that the Grantee has satisfied all terms and conditions of this Agreement. Within three (3) months of Project completion, Grantee must submit final project documents. The District will not make final payment, including but not limited to the ten percent retention, until it has received all closing documents from the Grantee and has made a final Project inspection. At the District's discretion, the District also may perform an audit of Grantee's Project expenditures before final payment is made. Nothing in this section precludes the District from performing an audit of Project expenditures at a later date in accordance with Section I of this Agreement. Page 5 Project Agreement • 1 D. Project Administration 1. Grantee agrees to promptly submit any reports that the District may request. In any event, Grantee shall provide to the District a report showing total final Project expenditures. 2. Grantee agrees that property and facilities acquired or developed pursuant to this Agreement shall be available for inspection upon the District's request. 3. Grantee agrees to use any monies disbursed by the District under the terms of this Agreement solely for the Project herein described. 4. Grantee agrees that any gross income earned from non-recreational uses of a Project shall be used for recreation development, additional acquisition, operation or maintenance at the Project site, unless the District approves otherwise in writing. Grantee also agrees that any gross income that accrues to a grant-assisted development Project during and/or as part of the construction, from sources other than the intended recreational uses, also shall be used for further development of that particular Project. 5. Grantee agrees to submit for prior District review and approval any and all existing or proposed operating agreements, leases, concession agreements, management contracts or similar arrangements with non-governmental entities, and any existing or proposed amendments or modifications thereto, as they relate to the project or the project site for a period of twenty (20)years from the date of this Agreement. Grantee further agrees not to enter into any contract, agreement, lease or similar arrangement, or to agree to any amendment or modification to an existing contract, agreement, lease or similar arrangement, that, in the District's opinion, violates federal regulations restricting the use of funds from tax-exempt bonds. 6. Grantee agrees that, upon entering into any contract for the construction, maintenance, operation or similar activity related to the Project, Grantee will require said contractor to carry adequate insurance required by the District and naming the District as an additional insured. In addition, said insurance must require that Grantee and the District be given thirty (30)days advance written notice of any modification or cancellation of said insurance. Grantee agrees to submit proof of such insurance to the District for its prior approval. 7. Grantee and District will conform to the requirements of Government Code Section 6250, et seq. in making all documents relating to this Agreement, the grant obtained and all other related matters available for public review during regular business hours. In the case that the Project involves acquisition of property, however, both the District and Grantee may withhold from public review any and all documents exempted under Section 6254, subsection (h), prior to completion of said acquisition. In the event that the District is required to defend an action on a Public Records Act request for any of the contents of an Grantee's submission under the terms and conditions of the Agreement, Grantee agrees to defend and indemnify the District from all costs and expenses, including attorneys'fees, in any action or liability arising under the Public Records Act. Page 6 Project Agreement • 8. In order to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds, notes or other evidences of indebtedness issued for the purpose of providing the grant monies made available in this Agreement, Grantee covenants to comply with each applicable requirement of Section 103 and Sections 141 through 150, inclusive, of the Internal Revenue Code of 1986, as amended. In furtherance of the foregoing covenant, Grantee hereby agrees that it will not, without the prior written consent of the District, (a) permit the use of any portion of the Project by any private person or entity, other than on such terms as may apply to the public generally; or(b)enter into any contract for the management or operation of the Project or any portion thereof, except with a governmental agency or a nonprofit corporation that is exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. 9. If Grantee sells or otherwise disposes of property acquired or developed with grant monies provided under this Agreement, Grantee shall reimburse the District in an amount equal to the greater of 1) the amount of grant monies provided under this Agreement; 2) the fair market value of the real property; or 3) the proceeds from the portion of the property acquired, developed, improved, rehabilitated or restored with grant monies. If the property sold or otherwise disposed of is less than the entire interest in the property originally acquired, developed, improved, rehabilitated or restored with the grant monies, then Grantee shall reimburse the District an amount equal to the greater of: 1) an amount equal to the proceeds; or 2) the fair market value. 10. With the written consent of the District, the Grantee may transfer property acquired, developed, improved, rehabilitated or restored with funds granted under this Agreement to another public agency; to a nonprofit organization authorized to acquire, develop, improve or restore real property for park, wildlife, recreation, open space, or gang prevention and intervention purposes; or to the National Park Service, provided that any proposed successor agrees to assume the obligations imposed under the Propositions and to accept assignment of this Agreement. Under these conditions, the Grantee shall not be required to reimburse the District as described in Section D, Paragraph 9 of this Agreement. E. Project Termination 1. Grantee may unilaterally rescind this Agreement at any time prior to the commencement of the Project. After Project commencement, this Agreement may be rescinded, modified or amended by mutual agreement in writing. 2. Failure by the Grantee to comply with the terms of this Agreement, or any other agreement established pursuant to the Propositions, may be cause for suspension of all obligations of the District hereunder. 3. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for the suspension of all obligations of the District hereunder if, in the judgment of the District, such failure was beyond the reasonable control of the Grantee. In such case, any amount required Page 7 Project Agreement a ‘ • T r to settle, at minimum cost, any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement. 4. The Grantee's full compliance with the terms of this Agreement will have significant benefits to the District, and to the property and quality of life therein, through the preservation and protection of beach, wildlife, park, recreation and natural lands of the District, provision of safer recreation areas for all residents, prevention of gangs, development and improvement of recreation facilities for senior citizens, the planting of trees, construction of trails, and/or restoration of rivers and streams. Because such benefits exceed, to an immeasurable and unascertainable extent, the amount of grant monies that the District furnishes under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the District of an amount equal to the amount of the grant monies disbursed under this Agreement by the District would be inadequate compensation to the District for any breach by the Grantee of this Agreement. The Grantee further agrees, therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the District. Nothing in this Section shall limit in any way the District's legal or equitable remedies under this Agreement. 5. Grantee and the District agree that, if the Project includes development, final payment may not be made until the Project conforms substantially with this Agreement and is a usable public facility. 6. Grantee and each County lobbyist or County lobbying firm, as defined in Los Angeles County Code Section 2.160.010, retained by Grantee, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of Grantee or any County lobbyist or County lobbying firm to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement, upon which the District may terminate or suspend this Agreement. F. Payment of Funds 1. Grantee may request reimbursement from the District for eligible expenses, which the Grantee has properly incurred and paid, no more frequently than every thirty (30) days. Grantee shall submit reimbursement requests on District-provided Payment Request Forms, including the applicable attachments. All Payment Request Forms should be sent to: The Regional Park and Open Space District c/o The Department of Parks and Recreation 433 South Vermont Avenue, Fourth Floor Los Angeles, California 90020 2. Grantee should submit its payment request prior to the fifteenth day of the month to receive reimbursement within four to six weeks. The District may hold Payment Request Forms received after the fifteenth of the month until the next month, which may result in Page 8 Project Agreement , • 1 ' reimbursements being delayed. 3. The District may withhold a portion of the amount of reimbursement if, in the opinion of the District, an expenditure is not eligible under the terms and conditions of this Agreement, the Propositions, the Application or the Procedural Guide. In such cases the District shall notify the Grantee of the amount of expenditures declared ineligible and the reason(s) for the ineligibility. Grantee, within thirty (30) days of notification, may dispute the District's decision, in writing, to the District and provide records and/or documentation to support its claim. The District shall review the information and/or documentation provided and will notify Grantee of its final determination. If Grantee fails to dispute the findings, in writing, within the thirty day period, then the Grantee shall have waived its right to dispute the findings. G. Hold Harmless and Indemnification 1. Grantee shall indemnify, defend and hold the District harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, the performance of this Agreement or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, maintenance or activity by the Grantee. 2. The District shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee. 3. Grantee and District agree that the liability of the District hereunder shall be limited to the payment of the grant monies pursuant to the terms and conditions of this Agreement and the Procedural Guide. Any contracts entered into, or other obligations or liabilities incurred by, the Grantee in connection with the Project or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and the District shall have no obligation or liability whatsoever thereunder or with respect thereto. H. Independent Grantee This Agreement is by and between the Los Angeles County Regional Park and Open Space District and Grantee and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership,joint venture or association between the District and Grantee. I. Financial Records 1. Grantee agrees to maintain satisfactory financial accounts, documents and records for the Project and to make them available to the District for auditing at reasonable times. Grantee also agrees to retain such financial accounts, documents and records for five (5)years following Project termination or completion. Grantee and the District agree that during regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of Page 9 Project Agreement . • . . ,, . • • T any books, records or reports of the other party pertaining to this Agreement or matters related thereto. Grantee agrees to maintain, and make available for District inspection, accurate records of all its costs, disbursements and receipts with respect to its activities under this Agreement. 2. Grantee agrees to use an accounting system that complies with generally accepted accounting principles. 3. At any time during the term of this Agreement or at any time within five years after the expiration or prior termination of this Agreement, authorized representatives of the District may conduct an audit of Grantee for the purpose of verifying appropriateness and validity of expenditures that Grantee has submitted to the District for reimbursement under the terms of this Agreement. If said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, the Propositions or the Procedural Guide, the District may, at its discretion, reduce the grant amount by an amount equal to these expenditures. Grantee, within thirty (30)days of notification that an audit has resulted in the exception of expenditures, may dispute the audit findings in writing to the District and provide the District with records and/or documentation to support the expenditure claims. The District shall review this documentation and make a final determination as to the validity of the expenditures. If Grantee has received all grant monies prior to the audit, or if remaining grant monies are insufficient, and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, the Propositions or the Procedural Guide, Grantee shall pay the District an amount equal to these expenditures within sixty (60) days after receiving written notification of the expenditures disallowed and the reason for the disallowance. Notwithstanding Government Code Section 907, in the event that Grantee fails to repay the District in full for the amount of excepted expenditures, the District may offset an amount equal to the excepted expenditures from any monies that may be due to Grantee under the terms and conditions of the Propositions. Through the execution of this Agreement, Grantee waives its rights under Government Code Section 907. J. Use of Facilities 1. Grantee agrees to use the property acquired or developed with grant monies under this Agreement only for the purpose for which it requested District grant monies and will not permit any other use of the area, except as allowed by specific act of the Board of Supervisors as governing body of the District and under the terms and conditions of the Propositions. 2. Grantee agrees to maintain and operate in perpetuity the property acquired, developed, rehabilitated or restored with grant monies, subject to the provisions of the Propositions. With the District's approval, the Grantee, or its successors in interest in the property, may transfer the responsibility to maintain and operate the property in accordance with the Propositions. Page 10 Project Agreement • C 3. Grantee agrees to provide for reasonable public access to lands acquired in fee with grant monies, including the provision of parking and public restrooms, except where that access may interfere with resource protection. K. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence in the use of any property or facility acquired or developed pursuant to this Agreement. 2. All facilities shall be open to members of the public generally, except as noted under the special provisions of the Project Agreement. L. Incorporation by Reference The Application and its required attachments, and any subsequent change or addition approved by the District, is hereby incorporated in this Agreement as though set forth in full. The Procedural Guide, and any subsequent changes or additions thereto, and the Propositions also are hereby incorporated in this Agreement as though set forth in full. In the case of conflict, the District shall resolve the conflict with the precedence of documents as follows: the Propositions, this Agreement and the Procedural Guide(earlier named documents taking precedence over later named documents). M. 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 that can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. No provision of this Agreement, or the application thereof, is waived by the failure of the District to enforce said provision or application thereof. // // // // // // // // // // // // Page 11 Project Agreement . • IN WITNESS WHEREOF, Grantee and District have caused this Agreement to be executed by their duly authorized representatives as of the latter day, month and year written below. GRANTEE: By: Signature of Authorized Representative Title: C' y �'�`��' ''�r' Date: 2-- o LOS ANGELES COUNTY REGIONAL PARK& OPEN SPACE DISTRICT: By: .►�... l hector,Parks and Recr=- n Date: Approved as to Form: LLOYD W. PELLMAN County Counsel B : S . y Principal Deputy Grant No. 58H4-01-1284 - Page 12 0 - • . Attachment A Los Angeles County Proposition A Safe Neighborhood Parks, Gang Prevention,Tree Planting, Senior and Youth Recreation, Beaches and Wildlife Protection Approved by Los Angeles County voters on November 5, 1996 • o FINAL TEXT AS AMENDED ON JUNE 18,1996 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, ACTING AS THE LEGISLATIVE BODY OF THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT, LEVYING AN ADDITIONAL ASSESSMENT WITHIN THE DISTRICT, AMENDING THE METHOD OF ASSESSMENT,AND AUTHORIZING THE EXPENDITURE OF DISTRICT REVENUES FOR ANY AUTHORIZED PURPOSE, SUBJECT TO APPROVAL BY THE COUNTY ELECTORATE WHEREAS,the County of Los Angeles(the"County")has serious unmet needs for park, recreation,youth and senior facilities, and for positive recreational alternatives for at-risk youth to assist in gang prevention and intervention efforts, and contains irreplaceable park,recreation, beach,wildlife and natural open space land; and WHEREAS, on November 3, 1992, sixty-four percent(64%)of voters within the County voting on the matter authorized formation of the Los Angeles County Regional Park and Open Space District(the"District"),the levy of a benefit assessment within the District, and a plan of expenditure of the proceeds of such assessment; and WHEREAS,the Board of Supervisors of the County, acting as the legislative body of the District(the"Board"), finds and determines that the development, acquisition, improvement, restoration and maintenance of parks,recreational, cultural and community facilities and open space lands within the District confer a direct and special benefit to all parcels within the District by improving economic, environmental and recreational conditions resulting in maintained or enhanced property values; and WHEREAS,the Board further finds and determines that the public interest and convenience require, and that it is in the best interest of the residents of the County,that an additional assessment be levied within Landscaping and Lighting District No 92-1,which is coterminous with the District,to fund the purposes of the District consistent with the plan of expenditure set forth in the Engineer's Report referred to below; and WHEREAS,the County has many unique natural lands and is rich in biological diversity, and it is necessary and important that these natural resources be protected permanently and restored for thep urposes of conserving biological diversity,protecting the health of the County's environment and for the enjoyment of this and future generations; and WHEREAS,the Board further finds and determines that in order to provide for a more equitable apportionment of the assessment among the several properties within the District,the q 1 . . portion of any vacant parcel, and the vacant portion of any partially improved parcel, in excess of two and one-half acres shall not be assessed, and it is necessary and appropriate to amend the method of assessment to reflect the foregoing change in the method of assessment of vacant or partially improved parcels which are greater than two and one-half acres in size, as detailed in the Engineer's Report referred to below; and WHEREAS,the Board further finds and determines that it is in the best interest of the residents of the County to permit the District to expend any of its funds for any authorized purpose of the District, including the application of proceeds derived from the original assessment within the District to the plan of expenditure for the additional assessment set forth in this resolution, and vice versa; and WHEREAS, a public hearing on the matters set forth in this resolution was called and held on June 13, 1996, and this resolution shall not take effect unless and until the question of approval of the matters set forth herein shall have been submitted to the electorate of the County and approved by a majority of voters voting on the question; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Los Angeles, acting as the governing body of the Los Angeles County Regional Park and Open Space District, as follows: Section 1. (a) This resolution is adopted pursuant to Section 5539.9(d)(2)of the Public Resources Code of the State of California(the"State"). The Board hereby adopts and approves the final engineer's report relating to the Additional Assessment (the"Engineer's Report") and filed with the Executive Officer-Clerk of the Board. The Additional Assessment shall be levied within the District at a rate not to exceed the amount set forth in the Engineer's Report, in accordance with the Engineer's Report and this resolution. The Engineer's Report describes the boundaries of the assessment district,the locations of certain of the improvements to be funded by the District,the method and rationale for spreading the proposed Additional Assessment in proportion to the benefit received by each lot or parcel of land within the District, and the proposed amendments to the method of assessment. The Engineer's Report is by this reference incorporated herein as though set forth in full at this place. Section 2. As used in this resolution,the following terms have the indicated meanings: "Additional Assessment"means the assessment levied within the District pursuant to this resolution. "Board" is used as defined in the recitals to this resolution. "County" is used as defined in the recitals to this resolution. 2 • II a • , . ) , "Department of Beaches and Harbors"means the Department of Beaches and Harbors of the County. "Department of Children and Family Services"means the Department of Children and Family Services of the County. "Department of Natural History Museum"means the Department of Natural History Museum of the County. "Department of Parks and Recreation"means the Department of Parks and Recreation of the County. "Department of Public Works"means the Department of Public Works of the County. "District"is used as defined in the recitals to this resolution. "Engineer's Report" is used as defined in Section 1 of this resolution. "Financial Consultant"is used as defined in the Master Indenture, and also includes the independent auditing firm described in Section 21(i). "Master Indenture"means the Master Indenture of Trust dated as of May 1, 1994, between the District and the Auditor-Controller of the County,as fiscal agent. "Natural Lands"means an area of relatively undeveloped land which(a)has substantially retained its characteristics as provided by nature or has been substantially restored, or which can be feasibly restored to a near-natural condition and which derives outstanding value from its wildlife, scenic, open space,parkland or recreational characteristics, or any combination thereof, or(b)meets the definition of open-space land in Section 65560 of the California Government Code. "1992 Assessment"means the assessment levied within the District pursuant to the 1992 Order. "1992 Order"means the order of the Board, as amended on March 17, 1992, and approved by the voters of the County on November 3, 1992,pursuant to which the District was formed and the first assessment levied therein. "Nonprofit Organization"means any charitable organization described in Section 501(c)(3)of the Internal Revenue Code of 1986, as amended,which has among its purposes the provision of park, recreation or community services or facilities, gang prevention and intervention,tree-planting,or the conservation and preservation of wetlands or of lands 3 fra • • predominantly in their natural, scenic,historical, forested or open-space condition, or restoration of lands to a natural, scenic,historical, forested or open-space condition. "Park"means a tract of land with scenic,natural,open-space or recreational values, set apart to conserve natural, scenic, cultural,historical or ecological resources for present and future generations,and to be used by the public as a place for rest,recreation, education,exercise, inspiration or enjoyment. "Parks Fund"means the Los Angeles County Regional Park and Open Space District Park Fund, into which all revenue generated by the District is required to be deposited, in accordance with Section 21(e) of this resolution and Sections 21(c)and(d)of the 1992 Order. "Public Agency"means any governmental agency established pursuant to the laws of the State that is authorized to acquire, develop, improve and restore real property for beach,wildlife, park,recreation, community, cultural, open space,water quality,or gang prevention and intervention purposes. "State"is used as defined in Section 1 of this resolution. "State Lands Commission"means the Lands Commission of the State of California. Section 3. The following funds shall be awarded for the purposes set forth below, in amounts not to exceed the following: (a) Sixty-nine million fifty thousand dollars($69,050,000)to the County for the acquisition, development, improvement,restoration or rehabilitation of real property for recreational facilities,parks and park safety, gang prevention, senior citizen recreation facilities, wildlife habitat,natural lands, improvement of Santa Monica Bay,multi-use sports facilities, lakes, fishing and boating facilities,trails,rivers and streams, significant ecological areas, equestrian facilities, and museums and cultural facilities, in accordance with the following schedule: • (1) Fifty-one million fifty thousand dollars($51,050,000)to the Department of Parks and Recreation for the acquisition, development, improvement, restoration or rehabilitation of real property for parks,recreation,wildlife habitat or natural lands in accordance with the following schedule: A. One hundred thousand dollars ($100,000)for general improvements, including landscape and/or irrigation, at Amigo Park. B. Six hundred thousand dollars($600,000)for improvements to County parks in accordance with the Americans with Disabilities Act. 4 • • • C. Three hundred fifty thousand dollars($350,000)for acquisition and/or preservation of wetland habitat in the Antelope Valley,including interpretive exhibits,public facilities and/or restoration. D. Five hundred thousand dollars($500,000)for development of soccer facilities and/or general park improvements at Belvedere Park. E. Seventy thousand dollars($70,000)for security improvements at Bethune Park. F. One million two hundred thousand dollars($1,200,000)for rehabilitation of the swim beach and/or general park improvements at Bonelli Regional Park. G. Three hundred thousand dollars($300,000)for development and improvement of recreation facilities, including development a multi-purpose recreation facility,at Burton Park. H. Three hundred thousand dollars($300,000)for improvements to the community center at Campanella Park. I. Two hundred fifty thousand dollars($250,000)for general park improvements including security, landscape and/or irrigation improvements at Castaic Sport Complex. J. One million seven hundred thousand dollars($1,700,000)for rehabilitation of swim beach and/or general park improvements to the recreation and park facilities at Castaic Lake. K. Two million ten thousand dollars($2,010,000)for expansion,development, and/or rehabilitation of facilities serving senior citizens or to comply with the Americans With Disabilities Act(ADA)at parks in the Central area of the County including,but not limited to Athens, Del Aire,and Keller Park. L. One million three hundred ninety-six thousand dollars($1,396,000)for renovation and/or general improvements to park and recreation facilities at Cerritos Park. M. Two million dollars($2,000,b00)for development and/or general improvements, including development of gymnasium/community activity facility, at City Terrace Park. N. Two hundred fifty thousand dollars ($250,000)for security and/or general improvements at Devils Punchbowl. 5 1Ik • • O. One million six hundred fifty thousand dollars ($1,650,000)for expansion, development, and/or rehabilitation of facilities serving senior citizens or to comply with the Americans With Disabilities Act(ADA)at parks in the East Los Angeles and San Gabriel Valley areas including,but not limited to,Avocado Heights,Basset, Salazar,Atlantic Blvd.,and/or Belvedere. P. One million seven hundred thousand($1,700,000)for development,rehabilitation and/or general improvements at El Cariso Park. Q. One million five hundred thousand dollars($1,500,000)for rehabilitation and/or general park improvements at Franklin D. Roosevelt Park. R. Two million two hundred seventy-four thousand dollars($2,274,000)for development of community recreation facilities and/or general improvements to the facilities at Gunn Avenue Park. S. One million dollars($1,000,000)for renovation of campground and/or general park improvements at Hart Regional Park. T. One million five hundred thousand dollars($1,500,000)for development of regional pool facilities and/or other park improvements at Jackie Robinson Park. U. One million seven hundred forty-eight thousand dollars ($1,748,000)for development,rehabilitation and/or other general park improvements at Jesse Owens Park. V. One million five hundred thousand dollars($1,500,000) for general renovation and improvements to facilities at John Anson Ford Theatre. W. One million three hundred ten thousand dollars($1,310,000)for renovation and/or general improvements at La Mirada.Park. X. Four hundred thousand dollars($400,000)for development and/or general improvements at Ladera Park. Y. One hundred twenty-five thousand dollars($125,000)for development and/or improvement of recreational facilities at Lake Los Angeles which are open and accessible to the public. Z. Five hundred thousand dollars($500,000)for development, improvements and/or expansion at Lennox Park. 6 • 110 • AA. One million two hundred thousand dollars($1,200,000)for development of gymnasium/community activity facility and/or general improvements at Loma Alta Park. BB. Five hundred fifty thousand dollars($550,000)for rehabilitation,renovation, development and/or general improvements at Los Robles Park. CC. Six hundred thousand dollars($600,000)for development of sports complex and/or general improvements at Magic Johnson Park. DD. Eight hundred ten thousand dollars($810,000)for rehabilitation and/or general improvements at Manzanita Park. EE. Two hundred thousand dollars($200,000)for improvements to the campground at Marshall Canyon Regional Park. FF. Two hundred fifty thousand dollars($250,000)for rehabilitation of park facilities at Mona Park. GG. Three million seven hundred thousand dollars($3,700,000)for acquisition, development,rehabilitation and/or general improvements of parks,natural lands and/or recreation facilities in the North County area, including but not limited to George Lane and Charles White Parks, and including but not limited to,the communities of Acton,Altadena, Littlerock and Pearblossom. HH. One million five hundred thousand dollars($1,500,000)for development of regional pool facilities and/or other park improvements at Pamela Park. II. Two hundred thousand dollars($200,000)for refurbishment of picnic areas and camp grounds and/or general improvements at Peck Park. B. Five hundred thousand dollars($500,000)for acquisition,development, security improvements and/or general improvements at Placenta Canyon County Park. KK. One hundred twelve thousand dollars($112,000)for development and/or general improvements at Rogers Park. LL. Three hundred thousand dollars($300,000)for development,refurbishment, rehabilitation and/or general improvements at Rosas Park. MM. One hundred thousand dollars($100,000)for refurbishing hard courts and/or lighting at Rowland Heights Park. 7 NN. One hundred thousand dollars($100,000)for development and/or general improvements to facilities at San Dimas Park. 00. Five hundred thousand dollars($500,000)for refurbishment and development and/or general improvements at Santa Fe Dam Park. PP. Seven hundred thirty thousand dollars($730,000)for rehabilitation and development at Ume Grove and/or other general park improvements at Schabarum Park. QQ. Eight hundred thousand dollars($800,000)for general improvements at facilities serving senior citizens in accordance with the following schedule: i. Two hundred fifty thousand dollars($250,000)for general improvements and/or rehabilitation of senior citizen facilities in the North County. ii. Five hundred fifty thousand dollars($550,000)for general improvements and/or rehabilitation of senior citizen facilities in the East Los Angeles area,the San Gabriel Valley,and the Puente Hills area of the County. RR. Two million one hundred sixty thousand dollars($2,160,000)for accessibility improvements,general development, and rehabilitation of park and recreation facilities serving senior citizens,youth and/or at-risk youth in the Puente Hills and South County areas, including,but not limited to,Trailview, Country Wood and Blevins Parks. SS. Four hundred seventy thousand dollars($470,000)for rehabilitation and/or general improvements at Steinmetz Park. TT. One hundred fifty thousand dollars($150,000) for improvement and/or general restoration of trails in the north county. W. Two million dollars($2,000,000)for development, improvement,and/or rehabilitation of urban park facilities serving the community,youth and/or at-risk youth in densely populated,highly urbanized areas in the Central area of the County including,but not limited to,the communities of Athens, Watts, Willowbrook,and Florence. W. One million six hundred fifty thousand dollars($1,650,000)for development, improvement,and/or rehabilitation of urban park facilities serving the community, 8 • • youth and/or at-risk youth in densely populated,highly urbanized areas in the East Los Angeles area and the San Gabriel Valley. WW. Six hundred seventy-five thousand dollars($675,000)for acquisition, development and improvement of active sports fields at Val Verde Park. XX. One million two hundred thousand dollars($1,200,000) for development of nature center/museum,and/or general improvements at Vasquez Rocks Regional Park. YY. Five hundred thousand dollars($500,000) for development and/or general improvements at Victoria Park. ZZ. Three hundred sixty thousand dollars($360,000)for refurbishment of the pool and/or facilities at Washington Park. AAA. Two hundred thousand dollars($200,000) for general park and/or security improvements at the Whittier Narrows Nature Center. BBB. Three million three hundred thousand dollars ($3,300,000)for refurbishment, development, expansion and/or general improvements at Whittier Narrows Park. (2) Seven million dollars($7,000,000)to the Department of Parks and Recreation for grants to Public Agencies and Nonprofit Organizations throughout the District on a competitive basis for trails, senior citizen facilities,urban tree planting, graffiti prevention, rivers and streams, and acquisition and/or restoration of natural lands. (3) Seven million dollars($7,000,000)to the Department of Parks and Recreation for grants to Public Agencies and Nonprofit Organizations throughout the District on a competitive basis for acquisition, construction, development and/or improvement of at-risk youth recreation and service facilities throughout the District for gang prevention purposes. (4) Four million dollars ($4,000,000)to the Department of Public Works for capital outlay projects to restore and improve the Santa Monica Bay by measurably reducing the toxicity of and/or pollutant load in urban runoff to the Bay, and in accordance with the criteria set forth in Section 9 of this resolution. (b) Ninety-five million six hundred fifty thousand dollars ($95,650,000)for the acquisition, development, improvement,restoration or rehabilitation of real property for regional beaches, recreational facilities,parks and park safety, gang prevention, senior citizen recreation facilities,wildlife habitat,natural lands, State parks,trail and river systems,mountain ranges and 9 • • canyons, significant ecological areas, and museums and cultural facilities in accordance with the following schedule: (1) Eight million dollars($8,000,000)to the Department of Beaches and Harbors to acquire,develop or improve facilities to enhance beaches and public access, improve water quality,rehabilitate or restore existing facilities and improve the safety of beach facilities along the sixty miles of coastline within the County, at County-owned or operated beaches. (2) Eleven million dollars($11,000,000)to the Department of Parks and Recreation for acquisition of lands for park,wildlife;natural and open space purposes, and for development of related recreation facilities and public access in the Baldwin Hills, including an amount not less than seven million dollars ($7,000,000) for acquisition of lands. (3) One million dollars($1,000,000)to the City of Los Angeles for improvement and development of the Cabrillo Marine Aquarium in accordance with Cabrillo Marine Aquarium Master Plan. (4) Three hundred fifty thousand dollars($350,000)to the Department of Parks and Recreation for development and improvements at Descanso Gardens. (5) Twelve million dollars ($12,000,000)to the California Museum of Science and Industry for land acquisition and improvements within Exposition Park and for improvements to the California Museum of Science and Industry in accordance with the California Museum of Science and Industry Exposition Park Master Plan, including an amount not less than eight million five hundred thousand dollars ($8,500,000)for the development and restoration of lands for park,recreational, community and open space use, and for walkways,tree-planting and landscape improvements, all within Exposition Park, including an amount not less than two million dollars($2,000,000)for active recreation facilities; an amount not more than two million dollars($2,000,000) for the improvement, development,renovation and rehabilitation of facilities, including exhibition spaces, at the California Museum of Science and Industry in accordance with the California Museum of Science and Industry Master Plan; and an amount not less than one million dollars($1,000,000)for the improvement, development,renovation and rehabilitation of facilities at the California Afro-American Museum. (6) Eighteen million dollars($18,000,000)to the Department of Parks and Recreation for the development, improvement,restoration and rehabilitation of the Hollywood Bowl, including rehabilitation of facilities and aging infrastructure, improvement of public access and facilities and improvement of access for persons with 10 � o 110 disabilities, in accordance with the approved Hollywood Bowl Master Plan, and/or for grants to qualified Nonprofit Organizations for these purposes. (7) One million four hundred fifty thousand dollars($1,450,000)to the Department of Parks and Recreation for the improvement,restoration and rehabilitation of the Los Angeles Arboretum, and/or for grants to qualified Nonprofit Organizations for these purposes. (8) Five million dollars ($5,000,000)to the Department of Natural History Museum for the improvement, development,restoration and/or rehabilitation of facilities of the Los Angeles CountyNatural History Museum, including development of g exhibition space, and/or for grants to qualified Nonprofit Organizations for these purposes. (9) Twelve million dollars($12,000,000)to the Mountains Recreation and Conservation Authority(MRCA)for the acquisition, development, improvement and restoration of lands along the Los Angeles River,Tujunga Wash,Verdugo Wash, Pacoima Wash, Arroyo Seco, and Compton Creek, and other tributaries of the Los Angeles River as may be included by the Board, consistent with the Los Angeles County Los Angeles River Master Plan,for the purposes of providing recreational opportunities and public access, developing trails for walking,hiking,bicycling, and equestrian use, and restoring natural habitat for wildlife, along the entire length of the Los Angeles River and its tributaries(as defined in this paragraph). The MRCA shall consult with the Department of Public Works and the supervisorial districts through whose boundaries the Los Angeles River flows in developing the list of projects to be considered for expenditure of the funds pursuant to this paragraph and to be submitted to the Board for approval. The Department of Public Works shall review each proposed project for consistency with the Los Angeles River Master Plan and with the flood control plan of the Los Angeles River, and shall provide its findings to the MRCA to be submitted to the Board concurrently with projects submitted to the Board. The Board shall disapprove a project that it finds to be inconsistent with the Los Angeles River Master Plan or that it finds will negatively impact existing or proposed flood control projects. Not less than four million dollars($4,000,000) shall be allocated for projects along the Los Angeles River in the Cities of Maywood, Lynwood, Compton and Bell Gardens, including projects along Compton Creek. First priority for all expenditures shall be given to land acquisition projects which result in a net increase of park,recreation and open space lands. No funds shall be expended on projects that could negatively impact any existing or proposed flood control project as determined by the Board of Supervisors. (10) Twelve million dollars ($12,000,000)to the City of Los Angeles for the development, improvement and rehabilitation of the Los Angeles Zoo. The funds 11 . • shall be spent on the site of the Los Angeles Zoo and in accordance with the Los Angeles Zoo Master Plan. (11) Two million five hundred thousand dollars($2,500,000)to the City of Whittier for restoration and rehabilitation of the Pio Pico State Historic Park, in accordance with the Pio Pico State Historic Park General Plan. (12) One million dollars($1,000,000)to the City of Santa Clarity for the acquisition and development of lands for the Santa Clara River Park in accordance with the Santa Clara River Water and Recreation Features Plan. (13) One million three hundred fifty thousand dollars($1,350,000)to the Department of Parks and Recreation for general improvements to facilities at the South Coast Botanical Gardens. (14) Ten million dollars($10,000,000)to the Wildlife Corridor Conservation Authority for acquisition,improvement, and/or restoration of park and natural lands in the Puente Hills Wildlife Corridor east of Colima Road. (c) One hundred thirty-one million five hundred fifty thousand dollars ($131,550,000)to the Department of Parks and Recreation for grants to incorporated cities within the District and the County for the acquisition,development, improvement,rehabilitation or restoration of real property for parks and park safety, senior recreation facilities, gang prevention,beaches,recreation, community or cultural facilities,trails,wildlife habitat or natural lands in accordance with the following schedule: (1) Thirty-five million dollars($35,000,000)for grants to all incorporated cities within the District and to the County on a per parcel basis,including funds on a per parcel basis to the County for the unincorporated area of the County. (2) Ninety-six million five hundred fifty thousand dollars ($96,550,000)for direct grants to cities in accordance with the following schedule: A. Five hundred thousand dollars($500,000)to the City of Agoura Hills for the development of a regional community center and gymnasium in partnership with the City of Calabasas. B. Six hundred thousand dollars($600,000)to the City of Alhambra for the rehabilitation and development of a walking/jogging trail system at Almansor Park. 12 • . ID C. Two hundred thousand dollars($200,000)to the City of Arcadia for the development and refurbishment of a soccer facility at Civic Center Park. D. Five hundred thousand dollars($500,000)to the City of Artesia for the development of an at-risk youth recreation and service facility. E. Three hundred fifty thousand dollars($350,000)to the City of Avalon for improvement of beaches and the recreational diving park at Casino Point in accordance with the Avalon Urban Waterfront Restoration Plan. F. Two hundred thousand dollars($200,000)to the City of Baldwin Park for the rehabilitation and/or development of four regionally used sports fields. G. Four hundred thousand dollars($400,000)to the City of Bellflower for the development of Bellflower's portion of the West Branch Greenway and Bikeway project. H. Two hundred fifty thousand dollars($250,000)to the City of Beverly Hills for the development and rehabilitation of Beverly Gardens Park. I. Eight hundred thousand dollars($800,000)to the City of Burbank for the development of the Stough Canyon Nature Center Project and to develop and/or improve camping facilities at Stough Canyon. J. Five hundred thousand dollars($500,000)to the City of Calabasas for the development of a regional community center and gymnasium in partnership with the City of Agoura Hills. K. One million one hundred seventy-five thousand dollars($1,175,000)to the City of Claremont for the rehabilitation and development of a community center at the Danbury School site. L. One million dollars($1,000,000)to the City of Covina or to the agency responsible for the operation of Charter Oak Park for development and improvement of Charter Oak Park. M. Four million two hundred thousand dollars($4,200,000)to the City of Cudahy, in cooperation with the City of South Gate,for acquisition, improvement,and provision of public access for the Los Angeles River Recreation and Sports Complex adjacent to the Los Angeles River,and for restoration of riparian habitat. 13 • 0 , N. One million six hundred twenty-five thousand dollars($1,625,000)to the City of Culver City for development of the Culver City Senior Center. O. Three hundred thousand dollars($300,000)to the City of Downey for the rehabilitation and improvement of facilities at Rio San Gabriel Park. P. Four hundred thousand dollars($400,000)to the City of Duarte for rehabilitation of the Duarte Regional Teen Center in partnership with the City of Bradbury. Q. One million five hundred thousand dollars($1,500,000)to the City of El Monte for the development and improvement of the Community Center/Swimming Pool Complex. R. Two hundred fifty thousand dollars($250,000)to the City of Gardena for the improvement and rehabilitation of park facilities at Rowley Park. S. One million six hundred thousand dollars($1,600,000)to the City of Glendale for the development of the new Senior/Adult Recreation multi-purpose center. T. One million four hundred thousand dollars($1,400,000)to the City of Glendora in accordance with the following schedule: i. Nine hundred thousand dollars($900,000) for the development of a regional teen center. ii. Five hundred thousand dollars($500,000)for the acquisition of wildlife lands and natural habitat in the Glendora Wildlife Corridor. U. Two hundred fifty thousand dollars($250,000)to the City of Hawaiian Gardens for the expansion,improvement, and rehabilitation of the Lee Ware Community/ Aquatics Facility. V. Five hundred seventy-five thousand dollars($575,000)to the City of Hawthorne for the development of Memorial Center Gymnasium. W. One million dollars($1,000,000)to the City of Hermosa Beach for the development,expansion and rehabilitation of the Hermosa Beach Municipal Pier and Waterfront Plaza. 14 • • • X. One million seven hundred twenty-five thousand dollars($1,725,000)to the City of Inglewood for the development, improvement and rehabilitation of Centinela Park. Y. One million dollars($1,000,000)to the City of La Mirada for the development of a Community/Senior Citizen Center. Z. Seven hundred thousand dollars($700,000)to the City of La Puente for the development, improvement and/or rehabilitation of the La Puente Park Community Center with emphasis on facilities for at-risk youth and other community youth. AA. Six hundred thousand dollars($600,000)to the City of Lakewood in accordance with the following schedule: i. Three hundred thousand dollars($300,000)for the rehabilitation of athletic safety field lights at three regionally used city facilities. ii. Three hundred thousand dollars($300,000)for the development and rehabilitation of multipurpose courts at the following city parks: Boyar, Bloomfield, Bolivar,Del Valle and San Martin. BB. One million eight hundred thousand dollars($1,800,000)to the City of Lancaster in accordance with the following schedule: i. Eight hundred thousand dollars($800,000)for the development of the Lancaster Regional Sports Complex. ii. One million dollars($1,000,000)for the acquisition of prime desert woodland habitat and the development of public access to the Lancaster Prime Desert Woodland Preserve. CC. Two hundred seventy-five thousand dollars($275,000)to the City of La Verne to develop and improve the La Verne Regional Sports Parks. DD. One hundred seventy-five thousand dollars($175,000)to the City of Lawndale for the expansion and rehabilitation of Jane Addams Park. EE. Nine million nine hundred thousand dollars($9,900,000)to the City of Long Beach in accordance with the following schedule: 15 • 1 � i. • Five hundred thousand dollars($500,000)for the development and rehabilitation of Belmont Pier. ii. Two million dollars($2,000,000)for the rehabilitation of Belmont Plaza Pool including development of security systems. iii. Three million five hundred thousand dollars($3,500,000)for the development of the Park on Golden in downtown Long Beach. iv. Three million nine hundred thousand dollars($3,900,000)for the acquisition,development and improvement of Westside Park.. FF. Thirty million dollars($30,000,000)to the City of Los Angeles in accordance with the following schedule: i. One million dollars($1,000,000)to improve and restore natural habitat at the Ballona Lagoon Marine Preserve in accordance with the Ballona Lagoon Marine Enhancement Preserve enhancement plan. ii. One million eight hundred thousand dollars($1,800,000)for the development and improvement of Cabrillo Marine Aquarium in accordance with the Cabrillo Aquarium Master Plan. iii. Two million dollars($2,000,000) for the development and improvement of Compton-Slauson Park. iv. Five hundred thousand dollars($500,000)for the acquisition and/or development of lands for park purposes near Eagle Rock. v. One million nine hundred thousand dollars($1,900,000)for the development and improvement of park and recreation facilities at Elysian Park including trails,picnic facilities,playground and landscaping,in accordance with the Elysian Park Master Plan,Bishop Canyon Improvement Project. vi. One million nine hundred thousand dollars($1,900,000)for the development, and/or rehabilitation of the Travel Town Locomotive Pavilion at Griffith Park. vii. One million eight hundred thousand dollars($1,800,000)for the development of facilities and/or improvements related to the swim lake at Hansen Dam Recreation Area. 16 . 111 11 a viii. Two million three hundred thousand dollars($2,300,000)for the development, improvement, and/or rehabilitation of Housing Authority recreation facilities throughout the City of Los Angeles, including the San Fernando Valley. ix. Seven million dollars($7,000,000)for acquisition,improvement, development and/or rehabilitation of park,recreation, community and open space lands and/or facilities,and/or for grants to Nonprofit Organizations for these purposes. Funds shall only be spent in communities which meet the following criteria: 1)densely-populated, highly urbanized areas; 2) low per capita percentage of park, recreation, community or open space lands or facilities; 3)high population of youth, particularly at-risk youth, and where at least 25 percent of the community is under 18 years of age; and 4) lack of other positive recreation alternatives for youth. Expenditure of funds shall result in a net increase of park,recreation, community or open space lands or facilities. Not less than three million five hundred thousand dollars($3,500,000)of these funds shall be spent on acquiring land or facilities for the purposes described in this paragraph. Priority shall be given to projects which have matching funds,to densely-populated areas,projects which serve multiple communities, or joint applications from Public Agencies and qualified Nonprofit Organizations. x. One million five hundred thousand dollars($1,500,000)for development and/or improvements at MacArthur Park including development of athletic fields. xi. Five hundred thousand dollars($500,000)for the development and/or restoration of trails in the Northern and Northeast San Fernando Valley connecting to the Angeles National Forest,to be expended by the Santa Monica Mountains Conservancy as the Public Agency responsible for implementation of the Rim of the Valley Trail Corridor pursuant to subdivision(c)of Section 33204.3 of the Public Resources Code. xii. Two million eight hundred thousand dollars($2,800,000)for the development,restoration and/or improvement of recreation facilities and restoration of natural lands at the Sepulveda Basin Recreation Area, including an amount not less than one million dollars($1,000,000) for bicycle trails connecting to Sepulveda Basin,excluding trails along the Los Angeles River. Not less than one million dollars ($1,000,000) shall be spent on restoration of the Sepulveda Basin Wildlife Area and the 17 • • i) development of a native plant/wildlife area west of the existing wildlife area. xiii. Four million dollars($4,000,000)for the acquisition and improvement of land for park and open space purposes adjacent to and in the vicinity of Stoney Point in the San Fernando Valley,to be expended by the Santa Monica Mountains Conservancy. Any unexpended portion of these funds shall be used for acquisition of natural lands and open space within the wildlife corridor between Brown's Canyon and the Santa Susana Mountains unit of the State Park System. xiv. One million dollars($1,000,000)for development and/or improvement of _ the Mid-Valley Senior Citizen Center in the San Fernando Valley. GG. Nine hundred seventy-five thousand dollars($975,000)to the City of Lynwood for the development and improvement of Mervyn M. Dymally Congressional Park. HH. Seven hundred thousand dollars($700,000)to the City of Malibu for the rehabilitation and restoration of the Malibu Pier. II. Five hundred thousand dollars($500,000)to the City of Manhattan Beach for the development and improvement of the Cultural Arts Community Center. B. Five hundred thousand dollars($500,000)to the City of Monrovia for the development and rehabilitation of the Recreation Park Armory Facility. KK. Four hundred fifty thousand dollars($450,000)to the City of Montebello for the development and rehabilitation of the City Park Aquatics Center. LL. One million dollars($1,000,000)to the City of Monterey Park for the development and rehabilitation of Barnes Park. MM. One million dollars($1,000,000)to the City of Norwalk in accordance with the following schedule: i. Three hundred seventy five thousand dollars($375,000)for the development and improvements to Foster Street Greenbelt and Regional Trail Connection. 18 • • ii. Six hundred twenty five thousand dollars($625,000)for the development, rehabilitation, and improvement to the Norwalk Aquatic Pavilion. NN. Two million five hundred thousand dollars($2,500,000)to the City of Palmdale for the development of the Anaverde Basin/Sports Complex. 00. Five hundred thousand dollars($500,000)to the City of Palos Verdes Estates for the acquisition of land for coastal access,trails and other open space purposes. PP. Three hundred thousand dollars($300,000)to the City of Paramount for the development of an at-risk youth center located at Progress Park. QQ. One million nine hundred thousand dollars($1,900,000)to the City of Pasadena in accordance with the following schedule: i. One million dollars($1,000,000)for the development and rehabilitation of Hahamonga Watershed Park in accordance with the Hahamonga Park Master Plan. ii. Nine hundred thousand dollars($900,000)for the development and rehabilitation of Brookside Park's Fannie Morrison Facility for the planned Kidspace Museum. RR. One million dollars($1,000,000)to the City of Pico Rivera for the development and rehabilitation of the Pico Rivera Community Center/Rio Hondo Park. SS. Four million dollars($4,000,000)to the City of Rancho Palos Verdes for the acquisition of critical natural lands and wildlife habitat in the vicinity of Portuguese Bend for preservation as open space. TT. Three hundred thousand dollars($300,000)to the City of Redondo Beach for the rehabilitation,development and/or improvement of Seaside Lagoon. W. One million dollars($1,000,000)to the City of Rolling Hills Estates for the acquisition of natural lands,wildlife habitat,open space and/or equestrian facilities. W. One million dollars($1,000,000)to the City of Rosemead for the development of Garvey Park Recreation Center. 19 • , WW. One hundred fifty thousand dollars($150,000)to the City of San Dimas for the development and rehabilitation of Horsethief Canyon Park Multi-Use Trail System. XX. Seven hundred thousand dollars($700,000)for the City of San Fernando for the development of the Youth Activities Center at Las Palmas Park. YY. One million seven hundred thousand dollars($1,700,000)to the City of San Gabriel for the acquisition and/or development of park and recreation facilities located adjacent to Smith Park. ZZ. Two million dollars($2,000,000)to the City of Santa Clarita for the development and improvement of the Santa Clarita Valley Regional Park. AAA. One million seven hundred thousand dollars($1,700,000)to the City of Santa Monica for the improvement and rehabilitation of beach and bluff areas to improve access and to provide improvements for recreational activities. Funds shall only be used for improvements to beach and park lands. BBB. Two hundred fifty thousand dollars ($250,000)to the City of Signal Hill for the development of hiking trails around Signal Hill. CCC. Two hundred seventy-five thousand dollars($275,000)to the City of South El Monte for the development of boxing and weight room facilities at the Aquatics and Community Fitness Center. DDD. Four hundred thousand dollars($400,000)to the City of South Gate for the development and/or rehabilitation of an at-risk youth center at Hollydale Industrial Park. EEE. One million five hundred thousand dollars($1,500,000)to the City of Torrance in accordance with the following schedule: i. Three hundred thousand dollars($300,000)for the development of a nature history center and improvements at Madrona Marsh Nature Preserve. ii. One million dollars($1,000,000)for the development of the Sports Complex in Charles H. Wilson Park. 20 i r ri 1 iii. Two hundred thousand dollars($200,000) for rehabilitation and improvements to the Victor E. Benstead Plunge. FFF. Four hundred thousand dollars($400,000)to the City of Walnut for the development of the Senior Citizens Activity Center. GGG. One million one hundred thousand dollars($1,100,000)to the City of West Hollywood for the development and improvement of the Plummer Park Youth, Senior and Community Center. HHH. Three million dollars($3,000,000)to the City of Whittier in accordance with the following schedule: i. Five hundred thousand dollars($500,000)for the development and improvement of Parnell Park. 11. Two million five hundred thousand dollars($2,500,000) for the acquisition of natural lands within the Whittier Hills Wilderness area for preservation of wildlife and natural lands and to provide public access and trails,to be expended by the Whittier-Puente Hills Conservation Authority. (d) Twenty-two million seven hundred fifty thousand dollars($22,750,000)to the Santa Monica Mountains Conservancy,pursuant to Division 23 of the Public Resources Code and the provisions of this resolution,to acquire sensitive and critical mountain and canyon lands, streams,wildlife lands,trails and scenic areas, and to develop parks,trails,public access, senior facilities and camps for at-risk youth in mountain and canyon areas, including lands and areas in the Santa Monica Mountains and the San Fernando Valley and San Gabriel Valley foothills, including seventeen million seven hundred fifty thousand dollars($17,750,000) for lands and areas in the Santa Monica Mountains and including five million dollars($5,000,000) for the Santa Clarita Woodlands and/or the Rim of the Valley Trail Corridor,with first priority being given to completion of the Santa Clarita Woodlands Park,and for grants to Nonprofit Organizations pursuant to Section 33204.2 of the Public Resources Code. Section 4. (a) The grant funds authorized pursuant to Section 3 shall be subject to the District's existing application and disbursement guidelines and procedures to the extent consistent with this resolution and as the same may be amended from time to time by the Board consistent with this resolution,and to the guidelines and procedures set forth in this resolution. The Department of Parks and Recreation shall continue to administer the District's grant application and disbursement program, and all applicants for a grant disbursed pursuant to Section 3 of this resolution shall submit an application to the Department of Parks and 21 4110 Recreation for grant approval. The Department of Parks and Recreation shall notify all affected Public Agencies as to the date when funds for grants under this resolution will be available, which shall not be later than July 1, 1997. (b) The recipient agency of funds for any specific identified project pursuant to this resolution and the 1992 Order shall hold a public hearing regarding funding such specific identified project,either individually or as part of a broader or more general public hearing prior to said agency's application to the District for use of these funds. Section 5. (a) The grant funds authorized pursuant to subsection(c)(1)of Section 3 shall be allocated to cities which were incorporated on or prior to June 30, 1996,and to the County (representing the unincorporated area of the District),on the basis of each city's and the unincorporated area's respective total number of parcels of land(all as of June 30, 1996). Such figures shall be determined by the Los Angeles County Assessor. (b) Individual applications for grants pursuant to subsection(c)(1)of Section 3 shall be submitted to the Department of Parks and Recreation for approval as to conformity with the requirements of this resolution. In order to utilize available grant funds as effectively as possible, adjoining jurisdictions shall be encouraged to combine projects and submit joint applications. (c) The minimum amount that an applicant may request for any individual project is fifteen thousand dollars($15,000). Any agency may allocate all or a portion of its per parcel share to a regional or state project or another neighboring jurisdiction and all agencies shall be encouraged to form partnerships with school districts for park and recreation purposes. (d) Funds allocated to per-parcel grants pursuant to subsection(c)(1)of Section 3 shall be available for expenditure not later than July 1, 1997. These funds shall be expended or committed for expenditure by the recipient by June 30,2001. Commencing on July 1, 2001,any such grant funds under subsection(c)(1)of Section 3 which are not expended or committed to expenditure by the recipient shall be available for allocation to one or more classes of expenditures specified in Section 3 that the Board deems in its sole discretion to be of the highest priority,consistent with the purposes of this resolution, and per parcel grant funds that were originally allocated to incorporated cities shall only be spent within municipalities. Upon reallocation by the Board,the original recipient of the funds shall have no further claim to the funds. (e) (1) Funds allocated to grants for specific identified projects pursuant to subsections (a)(1), (b)excluding paragraph(9),and(c)(2)of Section 3 shall be available for expenditure not later than July 1, 1997, and shall be expended or committed for expenditure by the recipient prior to June 30,2003. If these funds are not expended or committed for expenditure prior to June 30, 2003,then,after July 1, 2003 (except as provided in paragraph(2)of this subsection),the agency 22 to which the funds are originally allocated for a specific identified project may submit to the Board an alternative plan for expenditure of the funds in accordance with the purposes of this resolution within the city or area of the District in which funds were originally authorized to be expended. The Board, in its capacity as governing body of the District,may approve the plan by a majority vote. If the revised plan of expenditure is approved by the Board,the reallocated funds shall be expended or committed to expenditure within three years after Board approval of the new plan of expenditure, and if not so expended or committed to expenditure within such three-year period,the funds shall be available to the Board for appropriation and expenditure within one or more of the classes of expenditures specified in Section 3 that the Board deems in its sole discretion to be of the highest priority, consistent with the purposes of this resolution. The provisions of the foregoing paragraph shall also apply to funds allocated pursuant to paragraph(9)of subsection(b)of Section 3,except that the date June 30,2003, shall instead be June 30,2005. (2) The agency to which funds are originally allocated under subsection(a)(1), (b) excluding paragraph(9), and(c)(2)of Section 3 may submit to the Board an alternative plan for expenditure of said funds prior to July 1,2003,only if one or more of the following conditions exists: (A)that due to natural disasters or other acts of nature the project is incapable of being carried out at the original designated site; (B)if an acquisition project,that no lands are for sale or can be acquired within the original designated project area; (C)that the original specific identified project will be carried out using an alternate source of funds; or(D)that the original specific identified project described in Section 3 of this resolution has been completed for less than the amount allocated. The governing body of the recipient agency shall adopt a resolution making findings that one or more of the above conditions exist and the agency shall submit such resolution,together with detailed supporting documentation of such condition(s),to the Department of Parks and Recreation. The provisions of the foregoing paragraph shall also apply to funds allocated pursuant to paragraph(9)of subsection(b)of Section 3,except that the date June 30,2003, shall instead be June 30,2005. (3) If funds allocated to grants for specific identified projects pursuant to subsections (a)(1)and(c)(2)of Section 3 are not expended or committed for expenditure by the recipient prior to June 30,2003,and if an alternative plan for expenditure is not submitted to the Board prior to June 30,2004,these funds shall be available to the Board for appropriation and expenditure within one or more of the classes of expenditures specified in Section 3 that the Board deems in its sole discretion to be of the highest priority,consistent with the purposes of this resolution. Section 6. (a) Funds allocated to the City of Los Angeles pursuant to paragraphs(3) and (10)of subsection(b)of Section 3,and to the City of Santa Clarity pursuant to paragraph(12)of 23 410 • subsection(b)of Section 3 shall be subject to all of the provisions of this resolution which apply to the funds allocated pursuant to subsection 3(c). Funds allocated to the City of Whittier pursuant to paragraph(11)of subsection 3(b) shall be subject to all of the provisions of this resolution which apply to the funds allocated pursuant to subsection 3(c),and the City of Whittier shall demonstrate to the satisfaction of the Department of Parks and Recreation that the State has authorized the City to expend such funds at the Pio Pico State Historic Park, and provided that the City has obtained all necessary approvals for such project; if the City of Whittier is unable to satisfy the conditions in this sentence,the funds shall be allocated for expenditure within the Whittier Hills in accordance with Section 3(c)(2)(HHH)(ii). (b) If the City of Los Angeles elects to expend the funds allocated in subsection (c)(2)(FF)(iii)of Section 3 pursuant to an agreement with another Public Agency,the District shall grant these funds directly to said Public Agency,provided that the City of Los Angeles shall certify the long-term recreational use of the improvements. The funds allocated to the City of Los Angeles in subsection(c)(2)(FF)(iv)of Section 3 shall be expended by the Santa Monica Mountains Conservancy as the public entity responsible for implementation of the Rim of the Valley Trail Corridor Master Plan pursuant to subdivision(c)of Section 33204.3 of the Public Resources Code. Section 7. (a) The funds allocated in subsections(a)(2)and(a)(3)of Section 3 shall be available as grants on a competitive basis to Public Agencies and Nonprofit Organizations. The funds shall be encumbered by the recipient within three years of the date when such grants are awarded. The Department of Parks and Recreation shall allocate a share of such competitive funds for expenditure in the unincorporated area of the District using the same procedures specified in subsection(a)of Section 5. The funds allocated pursuant to subsection(a)(2)of Section 3 for competitive grant programs shall be divided equally among the respective purposes specified therein,consistent with the procedures developed by the District for similar competitive grant funds pursuant to the 1992 Order. (b) Competitive funds allocated pursuant to Section 3 and the 1992 Order shall be made available on a regular annual basis until all such funds are encumbered,and the Department of Parks and Recreation shall notify affected Public Agencies and Nonprofit Organizations of the availability of such funds. Organizations representing ten or more cities shall be given the opportunity by the Department of Parks and Recreation to be fairly represented in the evaluation process established by the Department of Parks and Recreation pursuant to the 1992 Order to evaluate all competitive grant applications. For all competitive grants awarded pursuant to Section 3 and the 1992 Order to Nonprofit Organizations and to Public Agencies from a city with a population of 100,000 or less,costs eligible for reimbursement shall includereasonable costs of preparation of documents needed to apply to the District for the grant, including costs of biological assessments required pursuant to subsection(c)of Section 8,up to three percent(3%) of the total grant amount awarded. In each year that competitive grant funds are available, an amount not less than two and one-half percent(2.5%)of funds available to the District in that 24 year for administrative purposes shall be expended by the District through grants or contracts to independent firms or qualified Nonprofit Organizations for the purpose of providing a technical assistance program to Public Agencies and Nonprofit Organizations throughout the District in preparation of competitive grant requests. The District shall prepare said technical assistance program for Board approval. The Board shall have the ability to adjust the percentage of funds used for said purposes if it determines that the level of funding required to provide the Board- approved technical assistance program is less than the stated percentage. Two hundred fifty thousand dollars($250,000)of the amount allocated for competitive grants for trails shall be allocated to the Santa Monica Mountains Conservancy for expenditure within the Rim of the Valley Trail Corridor, and two hundred fifty thousand dollars($250,000)of the amount allocated for competitive grants for trails shall be allocated to the Santa Monica Mountains Conservancy for expenditure within the Santa Monica Mountains. (c) All other criteria being equal,priority for allocation of any competitive grants under this resolution shall be given to those cities, and to Nonprofit Organizations applying jointly with those cities,which are not designated recipients of funds for specific identified projects in subsection(c)(2)of Section 3 of this resolution or subsection(b)(2)of Section 8 of the 1992 Order. Any city or Nonprofit Organization which would otherwise be entitled to a priority under this subsection(c) shall not be entitled to such priority after it has been awarded a competitive grant under this resolution or the 1992 Order. (d) In awarding competitive grants,priority shall be given to those proposals which provide for the employment of youth, and particularly at-risk youth, from the area in which the proposed project is located,or which include or are to be administered by a Nonprofit Organization with a demonstrated history of youth employment,gang prevention and intervention, and training programs for at-risk youth, including local community conservation corps and the California Conservation Corps. Such priority shall give due consideration to the employment of female, as well as male, at-risk youth. In furtherance of this goal,the Board may adopt such rules and regulations, and impose such conditions on the recipients of funds under this resolution and the 1992 Order, as the Board may determine to be necessary or appropriate. (e) One or more individual jurisdictions may enter into an agreement with one or more Public Agencies or Nonprofit Organizations for the purpose of carrying out a grant pursuant to this Section, subject to the requirements of Sections 10 and 11. Section 8. (a) Funds allocated for competitive grants for rivers and streams pursuant to subsection(a)(2)of Section 3 and the 1992 Order shall be available on a competitive basis as grants to Public Agencies and Nonprofit Organizations for the restoration,rehabilitation or acquisition of natural lands and the development of recreational resources along rivers and streams in the County, including the Santa Clara, San Gabriel and Los Angeles Rivers or their tributaries. These funds shall be used only for the acquisition and/or restoration of lands for natural habitat,wildlife enhancement,and/or development of compatible recreational resources. 25 No less than sixty percent(60%)of funds available for competitive grants for rivers and streams pursuant to subsection(a)(2)of Section 3 shall be used for acquisition,restoration and rehabilitation of natural lands along these rivers and streams. Remaining funds shall be available for development of recreational resources compatible with any existing or restored natural habitat. (b) Funds allocated for competitive grants pursuant to subsection(a)(3)of Section 3 shall be available as competitive grants for at-risk youth recreation and service facilities only for projects which demonstrate at least sixty percent(60%)usage of the facilities by at-risk youth. The foregoing restriction shall also apply to funds allocated under the 1992 Order for competitive grants for at-risk youth recreation and service facilities. Priority for these grants shall be given to those applications which demonstrate equal attention to the specific needs of girls and boys. An amount not less than five hundred thousand dollars($500,000)shall be granted to the Department of Children and Family Services for development and/or improvement of at-risk youth recreation and service facilities at Maclaren Hall. An amount not less than two million five hundred thousand dollars($2,500,000) shall be allocated to the Mountains Recreation and Conservation Authority for acquisition and development of an at-risk youth camp in the Whittier Puente Hills east of Colima Road for the use of,and accessible to,at-risk youth from densely-populated,highly-urbanized areas with a high population of at-risk youth and with low per capita percentage of park,recreation, community or open space lands or facilities. (c) Funds allocated for competitive grants for acquisition and/or restoration of natural lands pursuant to subsection(a)(2)of Section 3 shall be available on a competitive basis as grants to Public Agencies and Nonprofit Organizations for the acquisition, improvement and/or restoration of natural lands including but not limited to coastal sage scrub,desert,coastal dunes, coastal prairies,chaparral,vernal pools,oak woodlands,forests and native grasslands habitat. Applications for these grant funds shall include a biological assessment of the site including current and historical information, a restoration plan and a long-term habitat management plan. Applicants shall provide documentation of consultation with experts in conservation biology and natural habitat restoration and shall provide documentation that said plans and assessments have been reviewed by these experts. Section 9. (a) Funds authorized pursuant to subsection(a)(4)of Section 3 shall be available for grants to Public Agencies and shall be expended only for capital outlay projects which meet one or more of the following criteria: (1)protect public health in recreational waters; (2)preserve and enhance the ecological integrity of significant watersheds containing Significant Ecological Areas; (3)are Best Management Practices as defined in the Storm Water NPDES permit for the County and approved by the Executive Officer of the Los Angeles Regional Water Quality Control Board; and(4)reduce runoff into Santa Monica Bay where the runoff travels across lands that contribute large amounts of toxic pollutants to the storm drain system, or measurably reduce the toxicity of that runoff. Proposed projects shall be submitted to the Regional Water Quality Control Board for review and approval. 26 1111 The Department of Public Works shall prepare, and submit to the Board for approval, a timeline and proposed criteria and procedures for evaluating grants authorized pursuant to- subsection osubsection(a)(4) of Section 3 of this resolution(and subsection(a)(6)of Section 8 of the 1992 Order)no later than March 30, 1997. The Regional Water Quality Control Board shall in a public process review and give final approval to the criteria and procedures for evaluating these grants. Section 10. No funds authorized under Section 3 may be disbursed to any recipient unless the recipient agrees: (a) To maintain and operate in perpetuity the property acquired, developed, improved,rehabilitated or restored with the funds. With the approval of the granting agency,the recipient or its successors in interest in the property may transfer the responsibility to maintain and operate the property in accordance with this Section. (b) To use the property only for the purposes of this resolution and to make no other use, sale, or disposition of the property, except as provided in Section 11. (c) Any beach,park or other public facility acquired, developed,rehabilitated or restored with funds derived under this resolution shall be open and accessible to the public without discrimination as to race, color, sex, sexual orientation, age,religious belief, national origin,marital status,physical or medical handicap, medical condition, or place of residence,to the extent consistent with the provisions of Section 13. The recipient shall not discriminate against, or grant preferential treatment to, any person or organization seeking to use such facility based upon the place of residence of such person or the members of such organization. (d) To comply with each applicable requirement of Section 103 and Sections 141 through 150 of the Internal Revenue Code of 1986, as amended,to the extent necessary to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds,notes;or other evidences of indebtedness issued to finance such disbursement of funds to such recipient. The conditions specified in paragraphs(a), (b), (c) and(d) of this Section shall not prevent the transfer of property acquired, developed,improved,rehabilitated or restored with funds authorized pursuant to Section 3 of this resolution from the recipient to another Public Agency,to a Nonprofit Organization authorized to acquire, develop, improve,restore and/or operate real property for park,wildlife,recreation, community, open space or gang prevention and intervention purposes, or to the National Park Service, provided that any such successor to the recipient assumes the obligations imposed by such conditions. 27 • Section 11. (a) Before the use of any property acquired, developed, improved, rehabilitated or restored through a grant pursuant to this resolution is changed to one other than a use permitted under the category from which the funds were provided,or the property is sold or otherwise disposed of,the recipient of said funds must hold a public hearing relative to such proposed change in use or sale or other disposition of said property, and at the conclusion of such public hearing,the recipient must adopt a finding that the proposed change in use or sale or other disposition of said property will further the purposes of this resolution. If the recipient adopts such a resolution and proceeds with the change in use or sale or other disposition of said property,an amount equal to the greater of(1)the amount of the grant, (2)the fair market value of the real property, or(3)the proceeds from the portion of such property acquired, developed, improved,rehabilitated,or restored with the grant, shall be used by the recipient, subject to Section 10, for a purpose authorized in the category to which the funds were originally allocated or shall be reimbursed to the Parks Fund and be available for appropriation only for a use authorized in that category. If the property sold or otherwise disposed of is less than the entire interest in the property originally acquired, developed, improved,rehabilitated or restored with the grant,an amount equal to the proceeds or the fair market value of the property interest sold or otherwise disposed of, whichever is greater, shall be used by the recipient, subject to Section 10, for a purpose authorized in the category to which the funds were originally allocated or shall be reimbursed to the Parks Fund and be available for appropriation only for a use authorized in that category. (b) Nothing in this Section shall limit a grantee from transferring property acquired pursuant to this resolution to the National Park Service or the State Park System,with or without consideration. Section 12. (a) All real property acquired pursuant to this resolution shall be acquired in compliance with Chapter 16 (commencing with Section 7260)of Division 7 of Title 1 of the California Government Code. Public Agencies and Nonprofit Organizations receiving funds under this resolution shall certify compliance to the Department of Parks and Recreation. Funds disbursed to a Public Agency under this resolution may be expended by that receiving Public Agency, or by a joint exercise of powers entity established pursuant to Article 1 (commencing with Section 6500)of Chapter 5 of Division 7 of Title 1 of the Government Code pursuant to an agreement with such receiving Public Agency. (b) For purposes of this resolution,the term"acquisition"includes gifts,purchases, leases, easements,the exercise of eminent domain if expressly authorized,the transfer or exchange of property of like value,transfers of development rights or credits, and purchases of development rights and other interests. (c) All grants, gifts, devises,or bequests to the District, conditional or unconditional, for park, conservation, recreational, community,cultural, wildlife habitat,natural lands or other 28 p , purposes for which real property may be acquired or developed pursuant to this resolution, shall be made in the name of the County and accepted and received on behalf of the District in the name of the County by the Board. The grants, gifts,devises or bequests shall be available for expenditure for the purposes specified in Section 3. Section 13. Reasonable public access to lands acquired in fee with funds made available pursuant to this resolution shall be provided except where that access may interfere with resource Protection. "Reasonable public access"includes,but is not limited to,parking and public restrooms. Section 14. All funds of the District allocated to projects which include tasks that can be performed by youth, including but not limited to the rehabilitation,restoration and/or development of beach,park,recreation, open space and/or natural lands, and recreation and community facilities, shall be used to the maximum extent feasible to employ at-risk youth from the community in which the particular project is being carried out. In furtherance of the goal of increasing employment opportunities for at-risk youth,the Board may adopt such rules and p this regulations, and impose such conditions on recipients of funds under the 1992 Order and resolution, as the Board may determine to be necessary or appropriate. Section 15. To the maximum extent feasible,Public Agencies and Nonprofit Organizations shall be encouraged to use funds received pursuant to this resolution to provide funding through agreements with community conservation corps,the California Conservation Corps, and with other community organizations,particularly when youth can be employed to work on restoration or rehabilitation projects being carried out in their own communities. Such agreements shall be entered into solely for the accomplishment of the purposes set forth in this resolution. Section 16. Prior to recommending the acquisition of lands that are located on or near tidelands, submerged lands, swamp or overflowed lands, or other wetlands,whether or not those lands have been granted in trust to a local Public Agency, any agency receiving funds pursuant to this resolution shall submit to the State Lands Commission any proposal for the acquisition of those lands. The State Lands Commission may, at its discretion,within ninety (90)days after such a submission,review the proposed acquisition,make a determination as to the State's existing or potential interest in the lands, and report its findings to the entity making the submission and to the Department of Parks and Recreation. Section 17. (a)Funds that are granted pursuant to Section 3 for the purposes of development, improvement,rehabilitation and/or restoration shall be expended for these purposes only on lands owned by the applicant Public Agency or Nonprofit Organization or subject to a lease or other interest held by such Public Agency or Nonprofit Organization. If such lands are not owned by the applicant or subject to such other interest held by the applicant, the applicant shall first demonstrate to the satisfaction of the administering agency that the 29 It project will provide public benefits commensurate with the type and duration of the interest in land held by the applicant. (b) No wetlands or riparian habitat acquired pursuant to this resolution shall be used as a dredge spoil area or shall be subject to revetment which damages the quality of the habitat for which the property was acquired. (c) Any restoration of natural habitat lands restored pursuant to this resolution and the 1992 Order shall use only species native to California to the maximum extent feasible. Funds allocated pursuant to Section 3 that are used for landscaping,planting trees or any other planting projects shall use drip irrigation or other water conserving irrigation systems and shall use drought-resistant or xerophytic trees,plants, lawn or sod, except when such use can be shown to be infeasible. When projects involve the rehabilitation of existing irrigation systems or the creation of new irrigation systems,reclaimed water should be used whenever possible and priority shall be given to development of reclaimed water irrigation systems. Any recipient of funds for planting on natural lands shall make every effort to use only plant species and vegetation types which are appropriate to the local ecosystem of the site. (d) Notwithstanding subsection(e)of this Section,the development of recreational resources or facilities pursuant to this resolution and the 1992 Order shall not degrade the natural values present or being restored along rivers,tributaries and wetlands,nor shall they be used for flood control projects. (e) Any project funded pursuant to this resolution and the 1992 Order shall include sufficient funds to mitigate damage done to natural lands as a result of said project as otherwise required by law. (f) No funds shall be used to pay for mitigation which is required to be carried out by state or federal law in connection with a project or activity which is not funded pursuant to this resolution or the 1992 Order. Section 18. No provision of this resolution shall be construed as authorizing the condemnation of publicly-owned lands. Section 19. Funds provided to the Santa Monica Mountains Conservancy shall be held and disbursed by the District and,upon application by the Conservancy, shall be expended solely for projects approved by the Board,pursuant to such criteria as the Board may in its discretion adopt;provided,that said funds shall be for projects identified in the annual work program of the Conservancy transmitted to the Governor and the Legislature pursuant to paragraphs(1)and(2) of subdivision(a)of Section 33208 of the Public Resources Code,as amended from time to time after a noticed public hearing, and provided that the Board may disapprove a project in an incorporated city only upon a finding that the acquisition or improvement of a project will 30 • 111 involve the acquisition of or access to a site identified or proposed for present or potential future sanitary landfill purposes by the County,or involve any other land or project which may directly or indirectly hinder or impact the ability of the County to use any site so identified for such purposes. All land acquired in whole or in part with funds allocated to the Conservancy hereunder shall be purchased from willing sellers, and in no event shall funds allocated to the Conservancy hereunder be used to pay or reimburse the purchase price of land acquired through the exercise of the power of eminent domain. Disbursement of funds pursuant to subsection(d) of Section 3 shall be governed by the procedures specified for the 1992 order in the order of the Board dated March 29, 1994,and such method of disbursement shall continue to apply to the 1992 Order and to funds provided pursuant to this resolution,except that funds shall be expended within five years of disbursement. Section 20. If funds are allocated in a citywide measure adopted by the City of Los Angeles in 1996 for any project located at the site of a project identified in subsections (c)(2)(FF)(i)through(xiv),inclusive of Section 3,and in subsection(b)(3)or(b)(10)of Section 3,the funds allocated in this resolution for that project may be reallocated by the Board for another project with regional recreation or open space benefit consistent with the purposes of this resolution within the City of Los Angeles. Such project shall be approved by the City Council of the City of Los Angeles. Section 21. (a) The Department of Parks and Recreation shall administer for the District all funds for the projects and programs described in this resolution. Administrative costs eligible for funds available for project planning and design of projects funded pursuant to this resolution and the 1992 Order shall include project design and inspection when said inspection is required by the agency responsible for carrying out the project. In any year, a recipient agency may utilize an amount not more than one percent(1%)of the funds which it is eligible to receive under subsection(b)of Section 23 for reimbursement of accounting and bookkeeping costs as applicable overhead to pay for compliance with the District's accounting and reporting requirements. (b) Consistent with subsection(a)of Section 23,proceeds of the Additional Assessment shall be used for: (i)costs of maintenance and servicing of projects funded by the District (whether such projects were funded through the application of cash proceeds of assessments or proceeds of bonds,notes or other evidences of indebtedness issued by the District in accordance with this resolution or the 1992 Order)or otherwise acquired pursuant to this resolution, (ii) payment of actual administrative costs associated with carrying out the purposes of the District, by the District and recipient Public Agencies,and(iii)either to pay directly the costs of projects authorized pursuant to this resolution or the 1992 Order,or to pay debt service on any bonds, notes or other evidences of indebtedness of the District. (c) It is the intention of the District to issue bonds,notes or other evidences of indebtedness,to fund all or a portion of the costs of the projects listed in Section 3 of this 31 resolution. Such bonds,notes or other evidences of indebtedness may be issued in one or more series at such times and in such principal amounts as the Board may determine in its sole discretion. (d) All proceeds of the Additional Assessment shall be deposited into the Parks Fund established pursuant to the 1992 Order. The Auditor-Controller of the County, on behalf of the District,may create any other funds, accounts or subaccounts necessary or desirable to account for the funds of the District, including the proceeds of assessments and bonds,notes and other evidences of indebtedness issued by the District. (e) In accordance with the 1992 Order,all revenue generated by the District, including the proceeds from the issuance of any bonds,notes or other evidences of indebtedness, shall be deposited in the Parks Fund and shall be allocated among all affected Public Agencies within the District as defined in Section 5506.9 of the California Public Resources Code, for expenditure consistent with the purposes of Division 5, Chapter 3, Article 3 of said Public Resources Code and of the 1992 Order and this resolution. The County shall be reimbursed from the Parks Fund for the actual costs of administration of the District and the costs of issuance of bonds, notes or other evidences of indebtedness by the District. (f) If the County purchases a surety bond to replace cash in a debt service reserve fund, either before or after bonds are issued,the cash so replaced shall be allocated in the same manner described in Section 24. (g) No proceeds of any bonds,notes or other evidences of indebtedness issued by the District shall be used for any operations,maintenance or servicing purposes, except that such proceeds may be used to pay all costs incidental to the preparation and issuance of bonds, notes or other evidences of indebtedness of the District. (h) The amounts of all allocations designated in Section 3 are net amounts,and shall not be reduced for administrative costs of the District. (i) The District shall contract for an independent audit to be conducted annually by an independent auditing firm for the purposes of determining compliance by the District with the terms of this resolution and the 1992 Order,and to report on the status of all expenditures, grants and contracts as of the end of each fiscal year, including all fund balances; such audit to be completed and such auditor's report to be issued by January 1 of the following year. The Board may establish by resolution the scope of the annual audit which may include among other things an audit of the funds received and expended pursuant to this resolution and the 1992 Order by any recipient agency, including but not limited to the Department of Parks and Recreation,the Santa Monica Mountains Conservancy,the City of Los Angeles and the Department of Beaches and Harbors. 32 (j) The District shall manage its revenues and issue debt in a manner so as to ensure that sufficient funds are available in accordance with the terms of the Master Indenture to finance all capital outlay projects specified in Section 3 of this resolution and in Section 8 of the 1992 Order by the end of fiscal year 2008-09, and shall annually prepare a Plan of Revenues and Expenditures for the entire life of the 1992 Assessment and the Additional Assessment which demonstrates such availability of funds. The annual Plan of Revenues and Expenditures shall be prepared following completion of the annual audit referred to in subsection(i)of this Section and shall be adopted by the Board prior to June 30 of each year. In preparing the Plan of Revenues and Expenditures the District shall consult with an independent Financial Consultant, and may incorporate directly or by reference all or any portion of the engineer's report prepared by the District for that fiscal year. Section 22. The Additional Assessment shall be levied for a period of twenty-two(22) years beginning with the fiscal year in which such Additional Assessment is first levied and collected by the District. Section 23. (a) In each of the first twenty(20)years after the date the Additional Assessment is first levied and collected, a minimum of eighty percent(80%)of all proceeds of the Additional Assessment levied and collected by the District shall be used for capital outlay projects, including,but not limited to,acquisition and improvement of real property. For purposes of this resolution, capital outlay projects include the servicing of bonds,notes or other evidences of indebtedness issued by the District. (b) On an annual basis, fifteen percent(15%)of all proceeds of the Additional Assessment and the 1992 Assessment(or such greater percentage of the proceeds of the Additional Assessment and the 1992 Assessment,not to exceed twenty percent(20%),as determined by the Board) shall be set aside and designated as the maintenance and servicing amount, and shall be used only to maintain and service capital outlay projects funded by the District pursuant to the 1992 Order and this resolution. Such maintenance and servicing amount of the Additional Assessment and the 1992 Assessment shall be allocated each year as follows: (1)to the County(for the benefit of the Department of Parks and Recreation,or the Department of Beaches and Harbors,or any other applicable department as determined by the Board),an amount obtained by multiplying the aggregate amount of such maintenance and servicing funds to be allocated for such year by a fraction,the numerator of which is the number of parcels of land in the unincorporated area of the County and the denominator of which is the total number of parcels of land in the County; (2)to the Santa Monica Mountains Conservancy, or any other agency designated by it to manage properties-acquired pursuant to this resolution or the 1992 Order by the Conservancy or any joint powers entity to which the Conservancy is a party which has acquired properties pursuant to the 1992 Order or this resolution,a percent of the total maintenance and servicing funds that equals the percent of the total capital outlay funds that are allocated to and/or to be expended by the Santa Monica Mountains Conservancy and Mountains Recreation and Conservation Authority pursuant to Section 3 of this resolution; and(3)except as 33 4110 • provided in the next paragraph,to each incorporated city within the District, an amount obtained by multiplying the maintenance and servicing funds remaining after the allocations described in the preceding clauses(1)and(2)by a fraction,the numerator of which is the number of parcels of land in such city and the denominator of which is the total number of parcels of land in the incorporated areas of the County. Of the maintenance and servicing funds allocated to the County in this resolution and the 1992 Order,the Department of Beaches and Harbors shall be allocated an amount obtained by dividing the total amount of funds allocated to the Department of Beaches and Harbors in this resolution and the 1992 Order by the total amount of funds allocated for specific identified projects and for per parcel grants to the Department of Parks and Recreation in this resolution and the 1992 Order. On an annual basis, one million seven hundred thousand dollars($1,700,000)shall be deducted'from the maintenance and servicing funds allocated to the City of Los Angeles in this resolution and the 1992 Order,and such amount shall be used to pay debt service on bonds,notes or other evidences of indebtedness issued to fund the project described in Section 8(b)2.V.x of the 1992 Order. In the event of an inconsistency between this Section and Section 23 of the 1992 Order,this Section shall prevail. The allocations described in this Section 23 shall be made only to those recipients which certify that(1) such funds shall be used only to maintain and service projects funded by the District pursuant to this resolution or the 1992 Order, and(2) such funds shall be used to supplement existing levels of service and not to fund existing levels of service. (c) If operation and maintenance and/or ownership of the County's beaches are transferred to a non-County entity in the future,the funds allocated pursuant to this section for maintenance and servicing of the County's beaches shall be re-allocated by the Board for maintenance and servicing of projects funded by this resolution or the 1992 Order. Section 24. (a) To the extent permitted by applicable law and not inconsistent with the other provisions of this resolution, in each fiscal year, as determined by the independent audit conducted pursuant to subsection(i)of Section 21, a portion of the excess of(1)assessment revenues collected pursuant to this resolution and the 1992 Order plus investment earnings thereon, and any other revenues of the District(excluding bond proceeds or any other evidences of indebtedness,but including collections of delinquent assessments and interest and penalties thereon),all cumulative to the date of the independent audit, over(2)amounts expended for capital outlay(excluding capital outlay funded with bond proceeds or other borrowed funds), and amounts expended or allocated for maintenance and servicing,administrative costs and debt service, all cumulative to the date of the independent audit(such excess being hereinafter referred to as the"Excess"), shall be allocated by the Board for grants in furtherance of the purposes of this resolution and the 1992 Order. The independent Financial Consultant referred to in subsection(j)of Section 21 shall annually determine what portion of the Excess from the prior year may be made available in the next fiscal year pursuant to this Section 24 without impairing the ability of the District to finance all capital outlay projects specified in Section 3 of this resolution and in Section 8 of the 1992 Order by the end of fiscal year 2008-09 and without 34 410 impairing the District's ability to issue or repay bonds,notes or other evidences of indebtedness (such amount being hereinafter referred to as the"Available Excess"). The independent Financial Consultant shall make a recommendation as to the Available Excess to the District for its use in preparing the annual Plan of Revenues and Expenditures referred to in subsection(j)of Section 21. In each year, 80%of the Available Excess as identified in the Plan of Revenue and Expenditures approved by the Board shall be allocated by the Board pursuant to this section and in accordance with the following schedule(to the extent permitted by applicable law and not inconsistent with the other provisions of this resolution): 80%shall be allocated for capital projects and 20%shall be allocated for maintenance and servicing of those capital projects. (b) Over the life of the 1992 Assessment and the Additional Assessment,a total often percent(10%)of the funds expended for capital outlay pursuant to subsection(a) shall be allocated for competitive grants pursuant to subsections(a)(2)and(a)(3)of Section 3,which shall be allocated equally among each supervisorial district;the remainder of the funds to be expended pursuant to subsection(a)of this Section shall be equally distributed between the category of highest priority regional open space and recreation projects(as defined in this Section)and the category of regional park and recreation facilities(as determined by the District). Of the annual amount of funds allocated pursuant to this Section,capital funds shall be available only to those agencies which have expended or committed to expenditure the capital funds allocated to said agencies in any category of expenditure under this resolution and the 1992 Order, except that the amount available for the category of regional park and recreation facilities shall be equally distributed between grants to the County and incorporated cities. Grants to incorporated cities shall be made only to those cities that have expended or committed to expenditure all funds allocated to them in all categories of expenditure under this resolution and the 1992 Order. In any year, first priority for expenditure of funds under this section shall be given to land acquisition projects. Capital funds not encumbered in any fiscal year shall be available for reallocation by the Board,pursuant to this section,in the subsequent annual allocation. (c) For purposes of this section, "highest priority regional open space and recreation projects" shall mean projects for the purposes of and expended by the agencies identified in subsections(b)(2), (b)(9), (b)(14), and(d)of Section 3, including the Santa Clarity Woodlands, and for projects along Ballona Creek consistent with the purposes and conditions specified in subsection(b)(9). Section 25. Individuals who qualify for the California Property Tax Postponement Program(Sections 20581 et seq. of the California Revenue and Taxation Code)may also qualify for postponement of the Additional Assessment. The Treasurer and Tax Collector of the County shall notify those individuals who have qualified for the Property Tax Postponement Program of this provision. 35 r 1 Section 26. The method of assessment contained in the Engineer's Report with respect to the 1992 Assessment is hereby amended to the extent and with the effect that the portion of any vacant parcel of land, and the vacant portion of any partially improved parcel of land, in excess of two and one-half acres shall not be assessed. Notwithstanding any discrepancies, differences or variations between the Engineer's Report with respect to the 1992 Assessment and the Engineer's Report with respect to the Additional Assessment, it is the intent of this resolution that the method of assessment with respect to both the 1992 Assessment and the Additional Assessment shall be identical in all respects. Any such discrepancies, differences or variations in the method of assessment shall be resolved in favor of the Engineer's Report with respect to the Additional Assessment. Section 27. Any revenue generated by the District(including the proceeds of any indebtedness of the District)which is available for capital outlay purposes, may be applied to fund any project contemplated under the 1992 Order or this resolution. In furtherance of this provision,proceeds of the 1992 Assessment which are to be applied to capital outlay purposes may be applied to fund projects under this resolution, and proceeds of the Additional Assessment which are to be applied to capital outlay purposes may be applied to fund projects under the 1992 Order. In addition, any proceeds of the 1992 Assessment or the Additional Assessment which are to be applied to capital outlay purposes may be applied to pay the principal of, or interest on, any bonds,notes or other indebtedness of the District,regardless of the time of issuance or the use of the proceeds of such bonds,notes or indebtedness. Section 28. In case any provision of this resolution shall be invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions of this resolution shall not in any way be affected or impaired thereby. Section 29. This resolution shall not take effect unless approved by a majority of the voters of the County voting on the matter at a general or special election called by the Board for such purpose. If so approved by the voters,this resolution shall take effect,and the Additional Assessment shall exist and be deemed approved, all as of the date of the election,without regard to the date of certification of the election results. Section 30. The officers and employees of the County and ex officio the officers and employees of the District, are and each of them acting alone is,hereby authorized and directed to take any and all actions which are necessary or desirable to carry out the purposes of this resolution and the 1992 Order. Section 31. The County Counsel is hereby authorized and directed to prepare a final text of this resolution, incorporating all amendments to the version on file with the Clerk of the Board on June 13, 1996, and approved by the Board, including appropriate paragraph numbering and/or lettering, cross references and other technical or conforming changes as County Counsel may deem necessary or desirable to carry out the Board's intent and for clarity and ease of reading. 36 Technical and conforming changes shall include but not be limited to the insertion of new paragraphs in the appropriate place with an appropriate numerical or letter designation and the renumbering or re-lettering of other subsections and paragraphs to reflect the insertion,together with the updating of cross-references to such renumbered and re-lettered subsections and paragraphs in other portions of the resolution. Section 32. The list of improvements in the Final Engineer's Report is amended to conform with descriptive and fiscal changes made to projects in Section 3 of this resolution. // // // // // // // // // // The foregoing resolution was on the 18th day of June, 1996, adopted by the Board of Supervisors of the County of Los Angeles and ex-officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts. JOANNE STURGES, Executive Officer-Clerk of the Board of Supervisors of the County of Los Angeles By: Deputy 37 • • • P • APPROVED AS TO FORM: DE WITT W. CLINTON County Counsel By: Principal Deputy County Counsel mjsl 5:measure.bos 6/17:final 38 4 i ) a , 0 0 i Attachment B Grant Application Form and Resolution of the City of Rancho Palos Verdes for Barkentine Property Open Space Acquisition Grant No. 58H4-01-1284 The complete application is on file with the District and is hereby incorporated by reference. . ...... .,,,, :,, s, 11 fill . County of Los Angeles EXHIBIT A Regional Park and Open Space District Grant Application Form This form and required attachments must be submitted for each project. Project Name: fe::::Weig:00:::9#46:Mi::i.Z:::ii.P.iii:::.:tilff:ii.::iii.iiii.i::ii.ii$i'ii:Mii.-::::iii:::!iiiiiiiiiiiiiiiiiiiiiNNOMEI: 1"..::.;.:.:.,::.:1:::44. :.")i:: ::i::::".......:4111:116: .jilillaJWAIIIIIIII I �W/YIYiAYI�: 4. Barkentine ken ie t n Property 0 p er t y iiii ::::::::iiii::ili::iiiiiim::miii:::::iii:::::;!::0;:.::i:::::giil:R:::cil:A.:::•i:g,v::.:::::Nali::::.:4:i:i.::.:.:. ;1:::i.g:;.,:.:i::::::::i::.;i.:i.!i:::,::i.:.-;::-::: , r�: ra: Mmeii.O.iiimmoffigeggiiiiiiiigagiiiii;iiiii.::iTAgiiiiiiiggiliiiig.u::.:iliggineon: Project Applicant: Proposition Section(s) 3...c.2_S S 5. (Name of agency and mailing address) •CI • City of Rancho Palos Verdes Grant Amount Requested: $ 4,000,000 ci 3 'i 30940 Hawthorne B.1 vd. , ♦. mac. �' !1 Kancho Palos Verdes, CA 90275 Tota.Project C.,s�. $ 4,000,000 r i�z44% is Source(s)of other funds: y) r mu"' -1:3 A `` r--: LI .i c? Project Address: '�' Ranrho Palos Verdes —' il ii Grant Applicant's Representative Authorized in Resolution: 1 Dean Allison Dir. of Public Works ( 310 ) 544 - 5252 Name Title Phone Person with day-to-day responsibility for project(if different from authorized representative): Lauren Ramezani Sr. Admin. Analyst ( 310 ) 544 - 5245 Name Title Phone Brief Description of Project: Approximately 98 acres of unimproved property located on the southern slope of the Palos • Verdes Hills, between McCarrell 's Canyon on the west and Barkentine Canyon on the east. The . property also abuts two residential neighborhoods, the Sea Crest tract (Ocean Terrace Dr. ) on the north and Upper Abalone Cove (Tarragon Rd. and Barkentine Rd) to the south. Project Performance End Date: / / � 11. �fl 20Cl1 (pu rr'hi c rmmn7 pts an 1 For Development Projects-Land Tenure: For Acquisition Projects: Project is acres. Project is 98_.306 acres. S Acres owned by Applicant(fee simple) X Acquired in fee simple by Applicant Acres available under a year lease Acquired in other than fee simple(please explain) Acres-Other (please explain) I certify that the information contained in this project application form,including the required attachments,is accurate and that I have read and understand the important information and assurances on the reverse side of this form. CD Z • Z/Z 1/° f 1 1 Signature of Applicant's Representative as shown in resolution. Date revised 1/00 i! 1,1 ii RESOLUTION NO. 2001-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED PROJECTS GRANT PROGRAM FOR THE ACQUISITION OF LAND IN THE VICINITY OF THE PORTUGUESE BEND FOR PRESERVATION AS OPEN SPACE WHEREAS, the people of the County of Los Angeles on November 5, 1996, enacted Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree-Planting, Senior and Youth Recreation, Beaches and Wildlife Protection (the Proposition), which provides funds to the County of Los Angeles and other public agencies in the County for the purposes of acquiring and/or developing facilities for public recreational facilities and open space; and WHEREAS, the Proposition also created the County of Los Angeles Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth the necessary procedures governing local agency applications for grant funds under the Proposition; and WHEREAS, the District's procedures require the City as the Applicant to certify, by resolution, the approval of the application before submission of said application to the District; and WHEREAS, the Project is an important park, recreation and open space project for the City of Rancho Palos Verdes; and WHEREAS, said application contains assurances that the City must comply with; and WHEREAS, the City will enter into an Agreement with the District for the acquisition of critical natural lands and wildlife habitat in the vicinity of Portuguese Bend for preservation as open space; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES: 1. Approves the filing of an application with the County of Los Angeles Regional Park and Open Space District for funds under Section 3.c.2.SS of the Proposition for the above Project; and 41 1 c • 2. Certifies that the City understands the assurances and certification in the application form; and 3. Certifies that said City has, or will have, sufficient funds to operate and maintain the Project in perpetuity; and 4. Appoints the Director of Public Works, to conduct all negotiations, and to execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of the aforementioned Project. PASSED, APPROVED, AND ADOPTED ON THE 20TH DAY OF FEBRUARY 2001. /S/ MARILYN LYON MAYOR ATTEST: /S/ JO PURCELL CITY CLERK State of California ) County of Los Angeles )ss City of Rancho Palos Verdes I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2001-21 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on February 20, 2001. ' AA4 I • &ZIA Cc. 4,41446 gW1 CLERK Resolution No. 2001-21 Page 2 of 2 Project Agreement-V14 REG PK&3PEN SPACE DIST Page 1 of 11 RECZI VEf '14 DEC24 A 9 :11 PROJECT AGREEMENT-V14 Los Angeles County Regional Park and Open Space District Grant (From the Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree- Planting,Senior and Youth Recreation, Beaches and Wildlife Protection ("the 1992 Proposition"), which voters approved on November 3, 1992; and Los Angeles County Proposition A, Safe Neighborhood Parks Act("the 1996 Proposition"), which voters approved on November 5, 1996. Grant No.: 58H4-01-1284 The Grantee listed below ("Grantee") and the Los Angeles County Regional Park and Open Space District ("the District")do hereby enter into this Project Agreement-V14("this Agreement"),and under the terms and conditions of this Agreement, Grantee agrees to complete the project as described in the Description of the Project and the District, acting through the Director of the County of Los Angeles Department of Parks and Recreation and pursuant to the Propositions,agrees to fund the project up to the total grant amount indicated. Grantee: City of Rancho Palos Verdes Project Name: Portuguese Bend Open Space Acquisition Grant Amount: Four million dollars($4,000,000.00) Awarded pursuant to Funding Identification Code: 3.c. 2.SS. Description of Project: Acquisition of unimproved property in the Portuguese Bend Area located in the City of Rancho Palos Verdes. Project Performance Period: FROM: 11/05/1996 TO: 06/30/2015 Project Agreement-V14 Page 2 of 11 Special Provisions A. The Project Agreement is hereby rescinded, in its entirety, and replaced, without limitations, with the attached project agreement (Project Agreement-V14), hereinafter referred to as "this Agreement", effective upon execution by all parties. General Provisions A. Definitions 1. The term "Grantee" as used herein means the party described as Grantee on Page 1 of this Agreement and any future successor(s). 2. The term "Application" as used herein means the individual application, and its required attachments, for the grant identified on Page 1 of this Agreement. 3. The term "Board of Supervisors" means the County of Los Angeles Board of Supervisors, acting in its capacity as the governing body of the District. 4. The term "District" as used herein means the Los Angeles County Regional Park and Open Space District. Unless otherwise specified herein, the Director of the County of Los Angeles Department of Parks and Recreation shall administer this contract on behalf of the District. 5. The term "Procedural Guide" as used herein means the Procedural Guide(s), and any subsequent amendments or changes thereto,issued by the District for grants awarded pursuant to the section(s)of the Propositions as described on Page 1 of this Agreement. 6. The term "Project"as used herein means the Project that is described on Page 1 of this Agreement. 7. The term "Propositions" as used herein means Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree-Planting, Senior and Youth Recreation, Beaches and Wildlife Protection, which voters approved on November 3, 1992 and Los Angeles County Proposition A, Safe Neighborhood Parks,which voters approved on November 5, 1996. B. Project Execution 1. Subject to the availability of grant monies from the Propositions, the District hereby grants to the Grantee a sum of money (grant monies) not to exceed the amount stated on Page 1 in consideration of, and on the condition that the sum be expended in carrying out, the purposes set forth in the Description of Project on Page 1 and under the terms and conditions set forth in this Agreement, the Propositions(see Attachment A)and the attached Application (see Attachment B). Grantee agrees to furnish any additional funds that may be necessary to complete the Project. Grantee agrees to budget and appropriate annually, in each fiscal year until completion of the Project, an amount equal to the total estimated cost of the Project less the grant amount stated on Page 1 of this Agreement. 2. Grantee agrees to complete the Project in accordance with the time of Project performance as set forth on Page 1,and under the terms and conditions of this Agreement and the Procedural Guide. The time of Project performance may be extended upon mutual agreement, in writing, of the Grantee and District. The requirements of the Propositions and of this Agreement last in perpetuity and may be enforced by the District at any time. Project Agreement-V14 Page 3 of 11 3. Grantee shall comply as lead agency with the California Environmental Quality Act, Public Resources Code,Section 21000,et.seq. Prior to submitting requests for reimbursement of actual construction or acquisition costs, Grantee agrees to file with the District a copy of the Mitigated Environmental Impact Report or Negative Declaration along with a response from the State Clearinghouse, if required; and a copy of the Notice of Determination filed with, and stamped by, the County Clerk; or, if the Project is categorically exempt, then a copy of the Notice of Exemption filed with, and stamped by, the County Clerk, or at the District's sole discretion,other written certification of exemption as deemed acceptable by the District. 4. Grantee agrees that, prior to incurring actual development and/or acquisition costs, it will submit all requested development and/or acquisition documents to the District for prior review and approval. 5. Grantee shall use monies allocated in this Agreement, to the maximum extent practical, to employ youth from the community in which the Project is being carried out. Grantee is encouraged, and has authority to use said monies, to provide funding through agreements with community conservation corps, the California Conservation Corps and other community organizations, particularly when youth can be employed to work on restoration or rehabilitation projects being carried on in their own communities. Such agreements shall be entered into solely for the accomplishment of the Project described on Page 1 of this Agreement. Therefore, prior to requesting reimbursement for actual construction, development or acquisition costs, Grantee must submit a report to the District describing its efforts to employ youth in the community. The report shall contain, at a minimum,the number and approximate age of youth to be employed at each stage of the Project,a description of the work the youth will perform,the process by which the youth shall be employed, the amount the youth will be paid and, the name of any organizations or agencies that will supply youth to be employed on the Project, as well as a description of Grantee's efforts to employ youth in every stage of the Project. Grantee must comply fully with all State and Federal laws regarding the employment of youth on the Project. Notwithstanding the above, the District reserves the right to establish goals for the employment of youth if, in the District's opinion, it is necessary to do so in order to accomplish the purposes of the Propositions. 6. Grantee agrees to file with the District copies of any contracts or agreements executed for work on the Project. Grantee further agrees that it will make a good faith effort to recruit and promote minority- owned and women-owned businesses to participate in the process for the award of any contracts or agreements executed for work on the Project. Therefore, when filing with the District a copy of any contract or agreement for work on the Project, said copy will be accompanied, at a minimum, by a description of the process used for identifying minority and women contractors or vendors; a list of firms from which the Grantee solicited or received offers; and comparative statistics regarding the minority and women participation and percentage of minority and women ownership of each contractor and subcontractor working on the Project. In addition, said copy will be accompanied by a statement affirming that, on final analysis and consideration of award, contractor or vendor was selected without regard to race, color, creed or gender, unless City, State or Federal laws and/or regulations or court decisions require otherwise, in which case the Grantee will state the applicable reason. Grantee further agrees to retain on file,and to make available to the District on request, statistical information regarding the minority and women participation and percentage of minority and women ownership in each firm participating in the bidding process. 7. Grantee agrees to secure completion of the development work in accordance with the approved development plans and specifications or force account schedule. Project Agreement-V14 Page 4 of 11 8. Grantee agrees to permit the District to make periodic site visits to determine if development and/or work is in accordance with the approved plans and specifications, or force account schedule, including a final inspection upon Project completion. 9. Any modification or alteration in the Project, as set forth in the Application on file with the District, must be submitted, in writing,to the District for prior approval. No modification shall be effective until and unless the modification is executed by both Grantee and the District. 10. If the Project includes acquisition of real property, Grantee agrees to comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and any applicable federal, state, or local laws or ordinances. Documentation of such compliance will be made available for review upon the District's request. 11. If the Project includes acquisition of real property, Grantee agrees to furnish the District preliminary title reports respecting such real property or such other evidence of title that the District determines to be sufficient. Grantee agrees in negotiated purchases to correct, prior to or at the close of escrow,any defects of title that in the opinion of the District might interfere with the operation of the Project. In condemnation actions,such title defects must be eliminated by the final judgment. a. Grantee shall cause to be recorded on the title of any real property acquired with funds from the Propositions, a deed restriction requiring compliance with the Propositions and this Agreement, in perpetuity. 12. If the Project includes landscaping, Grantee shall use drip irrigation systems and shall use drought- resistant or xerophytic trees, plants, lawn or sod,unless Grantee can show,to the District's satisfaction, that it is infeasible to do so. C. Project Costs The grant money provided under this program may be disbursed as follows: 1. If the Project includes acquisition of real property, the District may disburse to Grantee the grant monies as follows, but not to exceed, in any event,the District grant amount set forth on Page 1 of this Agreement: a. When acquisition is by negotiated purchase,the District may disburse the amount of the District- approved purchase price together with District-approved costs of acquisition. The District- approved purchase price shall not exceed the value contained in a valid appraisal report, unless the District agrees, in advance,to the higher price. b. When acquisition is allowed pursuant to the Propositions through eminent domain proceedings, the District may disburse the amount of the total award, as provided for in the final order of condemnation, together with District-approved costs of acquisition. Grantee shall bear all costs and make all advances associated with obtaining an order of immediate possession in an eminent domain proceeding. c. In the event Grantee abandons such eminent domain proceedings, Grantee agrees that it shall bear all costs in connection therewith and that no grant monies shall be disbursed for such costs. 2. If the Project includes development, after the completion of the Project or any phase or unit thereof, the District will disburse funds to Grantee only after the District has reviewed and approved all requested development documents and has received from Grantee a statement of incurred costs. The District may disburse funds in the amount of District-approved incurred costs shown on such statement, but not to exceed the District grant amount set forth on Page 1 of this Agreement, or any remaining portion of the grant amount. Project Agreement-V14 Page 5 of 11 The statements to be submitted by Grantee shall set forth in detail the incurred costs of work performed on development of the Project and whether performance was by construction contract or by force account. Statements shall not be submitted more frequently than once a month, unless the District requests otherwise. The District must approve modifications of the development plans and specifications and/or force account schedule prior to any deviation from the District-approved plans and specifications, and/or force account schedule, unless previously authorized by the District. 3. The District may retain up to ten (10) percent of the grant amount pending project completion and verification that the Grantee has satisfied all terms and conditions of this Agreement. Within three (3) months of Project completion, Grantee must submit final project documents. The District will not make final payment, including but not limited to the ten percent retention, until it has received all closing documents from the Grantee and has made a final Project inspection. At the District's discretion, the District also may perform an audit of Grantee's Project expenditures before final payment is made. Nothing in this section precludes the District from performing an audit of Project expenditures at a later date in accordance with Section I of this Agreement. D. Project Administration 1. Grantee agrees to promptly submit any reports that the District may request. In any event, Grantee shall provide to the District a report showing total final Project expenditures. 2. Grantee agrees that property and facilities acquired or developed pursuant to this Agreement shall be available for inspection upon the District's request in perpetuity. 3. Grantee agrees to use any monies disbursed by the District under the terms of this Agreement solely for the Project herein described. 4. Any non-recreational use of a Project must be preapproved in writing by the District, and if approved, Grantee agrees that any gross income earned from such non-recreational uses of a Project shall be used for recreation development, additional acquisition, operation or maintenance at the Project site, unless the District approves otherwise in writing. S. Grantee also agrees that any gross income that accrues to a grant-assisted development Project during and/or as part of the construction, from sources other than the intended recreational uses, also shall be used for further development of that particular Project, unless the District approves otherwise in writing. Grantee agrees to submit for prior District review and approval any and all existing or proposed operating agreements, leases, concession agreements, management contracts or similar arrangements with non-governmental entities, and any existing or proposed amendments or modifications thereto, as they relate to the project or the project site in perpetuity. Grantee further agrees not to enter into any contract, agreement, lease or similar arrangement, or to agree to any amendment or modification to an existing contract, agreement, lease or similar arrangement, that, in the District's opinion, violates federal regulations restricting the use of funds from tax-exempt bonds. 6. Grantee agrees that, upon entering into any contract for the construction, maintenance, operation or similar activity related to the Project, Grantee will require said contractor to carry adequate insurance required by the District and naming the District as an additional insured. In addition, said insurance must require that Grantee and the District be given thirty (30) days advance written notice of any Project Agreement-V14 Page 6 of 11 modification or cancellation of said insurance. Grantee agrees to submit proof of such insurance to the District for its prior approval. 7. Grantee and District will conform to the requirements of Government Code Section 6250, et seq. in making all documents relating to this Agreement, the grant obtained and all other related matters available for public review during regular business hours. In the case that the Project involves acquisition of property, however, both the District and Grantee may withhold from public review any and all documents exempted under Section 6254, subsection (h), prior to completion of said acquisition. In the event that the District is required to defend an action on a Public Records Act request for any of the contents of an Grantee's submission under the terms and conditions of the Agreement, Grantee agrees to defend and indemnify the District from all costs and expenses, including attorneys' fees, in any action or liability arising under,or related to, the Public Records Act. 8. In order to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds, notes or other evidences of indebtedness issued for the purpose of providing the grant monies made available in this Agreement, Grantee covenants to comply with each applicable requirement of Section 103 and Sections 141 through 150, inclusive, of the Internal Revenue Code of 1986, as amended. In furtherance of the foregoing covenant, Grantee hereby agrees that it will not, without the prior written consent of the District, (a) permit the use of any portion of the Project by any private person or entity, other than on such terms as may apply to the public generally; or (b) enter into any contract for the management or operation of the Project or any portion thereof, except with a governmental agency or a nonprofit corporation that is exempt from federal income taxation pursuant to Section 501(c)(3)of the Internal Revenue Code. 9. If Grantee receives the prior permission of the District, acting through the Board, to sell or otherwise disposes of property acquired or developed with grant monies provided under this Agreement, Grantee shall reimburse the District in an amount equal to the greater of 1) the amount of grant monies provided under this Agreement; 2) the fair market value of the real property; or 3) the proceeds from the portion of the property acquired, developed, improved, rehabilitated or restored with grant monies. If the property sold or otherwise disposed of with the prior permission of the District, acting through the Board of Supervisors, is less than the entire interest in the property originally acquired, developed, improved, rehabilitated or restored with the grant monies,then Grantee shall reimburse the District an amount equal to the greater of: 1)an amount equal to the proceeds;or 2)the fair market value. 10. With the written consent of the District, the Grantee may transfer property acquired, developed, improved, rehabilitated or restored with funds granted under this Agreement to another public agency; to a nonprofit organization authorized to acquire, develop, improve or restore real property for park, wildlife, recreation, open space, or gang prevention and intervention purposes; or to the National Park Service, provided that any proposed successor agrees to assume the obligations imposed under the Propositions and to accept assignment of this Agreement. Under these conditions, the Grantee shall not be required to reimburse the District as described in Section D, Paragraph 10 of this Agreement. Any such transfer must require the nonprofit or public entity acquiring the property to enter into a written agreement with the District and agreed to comply with the terms of the Propositions and this Agreement. E. Project Completion and Enforcement 1. Grantee may unilaterally rescind this Agreement at any time prior to the commencement of the Project.After Project commencement,this Agreement may be rescinded, modified or amended only by mutual agreement in writing. Project Agreement-V14 Page 7 of 11 2. Failure by the Grantee to comply with the terms of this Agreement, or any other agreement established pursuant to the Propositions, may be cause for suspension or termination of all obligations of the District hereunder. 3. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for the suspension of all obligations of the District hereunder if, in the judgment of the District, such failure was beyond the reasonable control of the Grantee. In such case, any amount required to settle, at minimum cost, any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement. 4. The Grantee's full compliance with the terms of this Agreement will have significant benefits to the District, and to the property and quality of life therein, through the preservation and protection of beach,wildlife, park, recreation and natural lands of the District, provision of safer recreation areas for all residents, prevention of gangs, development and improvement of recreation facilities for senior citizens, the planting of trees, construction of trails, and/or restoration of rivers and streams. Because such benefits exceed, to an immeasurable and un-ascertainable extent, the amount of grant monies that the District furnishes under the provisions of this Agreement,the Grantee agrees that payment by the Grantee to the District of an amount equal to the amount of the grant monies disbursed under this Agreement by the District would be inadequate compensation to the District for any breach by the Grantee of this Agreement. The Grantee further agrees, therefore,that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, with an injunction against any breaching conduct, unless otherwise agreed to by the District. Nothing in this Section shall limit in any way the District's legal or equitable remedies under this Agreement or any other remedy available by law. No delay or omission by the District in the exercise of any right or remedy upon any breach by Grantee shall impair in any way the District's right to enforce the terms of this Agreement, nor be construed as a waiver. 5. Grantee and the District agree that, if the Project includes development, final payment may not be made until the Project conforms substantially with this Agreement and is a usable public facility. 6. Grantee and each County lobbyist or County lobbying firm, as defined in Los Angeles County Code Section 2.160.010, retained by Grantee, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of Grantee or any County lobbyist or County lobbying firm to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement, upon which the District may terminate or suspend this Agreement. 7. If the District brings an action to enforce the terms of this Agreement,the Grantee shall be responsible to pay the District's reasonably attorney's fees and costs, including expert witness costs, if the District prevails in said action. F. Payment of Funds 1. Grantee may request reimbursement from the District for eligible expenses, which the Grantee has properly incurred and paid, no more frequently than every thirty (30) days. Grantee shall submit reimbursement requests on District-provided Payment Request Forms, including the applicable attachments. All Payment Request Forms should be sent to: Los Angeles County Regional Park and Open Space District 510 South Vermont Avenue, Room 230 Los Angeles,California 90020 Project Agreement-V14 Page 8 of 11 2. Grantee should submit its payment request prior to the fifteenth day of the month to receive reimbursement within four to six weeks. The District may hold Payment Request Forms received after the fifteenth of the month until the next month,which may result in reimbursements being delayed. 3. The District may withhold a portion of the amount of reimbursement if, in the opinion of the District, an expenditure is not eligible under the terms and conditions of this Agreement, the Propositions, the Application or the Procedural Guide. In such cases the District shall notify the Grantee of the amount of expenditures declared ineligible and the reason(s) for the ineligibility. Grantee, within thirty (30) days of notification, may dispute the District's decision, in writing, to the District and provide records and/or documentation to support its claim. The District shall review the information and/or documentation provided and will notify Grantee of its final determination. If Grantee fails to dispute the findings, in writing, within the thirty day period, than the Grantee shall have waived its right to dispute the findings. G. Hold Harmless and Indemnification 1. Grantee shall indemnify, defend and hold the District harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, the performance of this Agreement or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, maintenance or activity by the Grantee. Grantee agrees to defend and indemnify the District from all costs and expenses, including attorney's fees, in any action or liability arising under this Agreement or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, maintenance or activity by the Grantee 2. The District shall have no liability for any debts, liabilities,deficits or cost overruns of the Grantee. 3. Grantee and District agree that the liability of the District hereunder shall be limited to the payment of the grant monies pursuant to the terms and conditions of this Agreement and the Procedural Guide. Any contracts entered into, or other obligations or liabilities incurred by, the Grantee in connection with the Project or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and the District shall have no obligation or liability whatsoever thereunder or with respect thereto. H. Independent Grantee This Agreement is by and between the Los Angeles County Regional Park and Open Space District and Grantee and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership,joint venture or association between the District and Grantee. Financial Records 1. Grantee agrees to maintain satisfactory financial accounts, documents and records for the Project and to make them available to the District for auditing at reasonable times. Grantee also agrees to retain such financial accounts, documents and records for five (5) years following Project termination or completion. Grantee and the District agree that during regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto. Grantee agrees to maintain, and make available for District inspection, accurate records of all its costs, disbursements and receipts with respect to its activities under this Agreement and the use of any property acquired under this Agreement in perpetuity. Project Agreement-V14 Page 9 of 11 2. Grantee agrees to use an accounting system that complies with generally accepted accounting principles. 3. At any time during the term of this Agreement or at any time within five years after the expiration or prior termination of this Agreement, authorized representatives of the District may conduct an audit of Grantee for the purpose of verifying appropriateness and validity of expenditures that Grantee has submitted to the District for reimbursement under the terms of this Agreement. If said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement,the Propositions or the Procedural Guide,the District may,at its discretion, reduce the grant amount by an amount equal to these expenditures. Grantee, within thirty (30) days of notification that an audit has resulted in the exception of expenditures, may dispute the audit findings in writing to the District and provide the District with records and/or documentation to support the expenditure claims. The District shall review this documentation and make a final determination as to the validity of the expenditures. If Grantee has received all grant monies prior to the audit,or if remaining grant monies are insufficient, and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, the Propositions or the Procedural Guide, Grantee shall pay the District an amount equal to these expenditures within sixty (60) days after receiving written notification of the expenditures disallowed and the reason for the disallowance. Notwithstanding Government Code Section 907, in the event that Grantee fails to repay the District in full for the amount of excepted expenditures,the District may offset an amount equal to the excepted expenditures from any monies that may be due to Grantee under the terms and conditions of the Propositions. Through the execution of this Agreement, Grantee waives its rights under Government Code Section 907. J. Use of Facilities 1. Grantee agrees to use the property acquired or developed with grant monies under this Agreement only for the purpose for which it requested District grant monies and will not permit any other use of the area, except as allowed by prior specific act of the Board of Supervisors as governing body of the District and consistent with the terms and conditions of the Propositions and this Agreement. 2. Grantee agrees to maintain and operate in perpetuity the property acquired, developed, rehabilitated or restored with grant monies, subject to the provisions of the Propositions. With the District's prior written approval, the Grantee, or its successors in interest in the property, may transfer the responsibility to maintain and operate the property in accordance with the Propositions to a nonprofit or government entity. 3. Grantee agrees to actively oppose, at its sole expense, any claims as to reserved rights to the grant- funded property that are contrary to the purposes of the Propositions, Procedural Guide and or this Agreement, including but not limited to oil, gas, and other hydrocarbon substances; minerals; water; and/or riparian resources. 4. Grantee agrees to provide for reasonable public access to lands acquired in fee with grant monies, including the provision of parking and public restrooms, except that access may interfere with resource protection. K. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical Project Agreement-V14 Page 10 of 11 condition,or place of residence in the use of any property or facility acquired or developed pursuant to this Agreement. 2. All facilities shall be open to members of the public generally, except as noted under the special provisions of the Project Agreement. L. Incorporation by Reference The Application and its required attachments, including the Assurances, and any subsequent change or addition approved by the District, is hereby incorporated in this Agreement as though set forth in full. The Procedural Guide, and any subsequent changes or additions thereto, and the Proposition also are hereby incorporated in this Agreement as though set forth in full. M. 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 that can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. No provision of this Agreement, or the application thereof, is waived by the failure of the District to enforce said provision or application thereof. // Project Agreement-V14 Page 11 of 11 IN WITNESS WHEREOF, Grantee and District have caused this Agreement to be executed by their duly authorized representatives as of the latter day, month and year written below. GRANTEE: ik By: r'v,. 4 Signature of Authorized Representative i�ic+O� o4 fv64:c.Tale. D Date: Nc."-vrA,tfr 15, 2014 LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT: By: Director, Parks and Recreation Date: / -. APPROVED AS TO FORM: MARK J. SALADINO COUNTY COUNSEL By: C)/L- 4J210 ‹,_ CHRISTINA A. SALSEDA Principal Deputy Grant No.: 58H4-01-1284