HomeMy WebLinkAboutRecorded Doc 2017-085 RECORDING REQUESTED BY: 2017-0091199
California Department of Parks and Recreation 03/06/2017 08:22 AM
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Office of Grants and Local Services Peter Aldana
PO Box 942896 County Of Riverside
Sacramento,CA 94296-0001 Assessor-County Clerk-Recorder
Attn:Karen Sims
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
DEED RESTRICTION
ecL4-4A71oti/Dg_c_t /Go
I. WHEREAS,the City of Cathedral City(hereinafter referred to as"Owner(s)"is/are
recorded owner(s)of the real property described in Exhibit A,attached and incorporated herein by
reference(hereinafter referred to as the"Property"); and
II. WHEREAS,the California Department of Parks and Recreation(hereinafter referred to
as"DPR")is a public agency created and existing under the authority of section 5001 of the California
Public Resources Code(hereinafter referred to as the"PRC").And
III. WHEREAS,Owner(s)(or Grantee)applied to DPR for grant funds available pursuant to
the Land and Water Conservation Fund,Competitive Program for improvements on the Property;and
IV. WHEREAS,on September 30.2016,DPR's Office of Grants and Local Services and
the National Park Service approved Grant 06-01799,(hereinafter referred to as"Grant")for
improvements on the Property, subject to,among other conditions,recordation of this Deed Restriction on
the Property;and
V. WHEREAS,but for the imposition of the Deed Restriction condition of the Grant,the
Grant would not be consistent with the public purposes of the Land and Water Conservation Fund,
Competitive Program and the funds that are the subject of the Grant could therefore not have been
granted;and
COPY
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VI. WHEREAS,Owner(s)has/have elected to comply with the Deed Restriction of the
Grant, so as to enable Owner(s),to receive the Grant funds and perform the work described in the Grant;
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR,the
undersigned Owner(s)for himself/herself/themselves and for his/her/their heirs, assigns,and successors-
in-interest,hereby irrevocably covenant(s)with DPR that the condition of the grant(set forth at
paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this
Deed Restriction is recorded constitute for all purposes covenants,conditions and restrictions on the use
and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective
components thereof.
1. DURATION. (a)This Deed Restriction shall remain in full force and effect and shall
bind Owner(s)and all his/her/their assigns or successors-in-interest for the period running from
September 30,2016 through perpetuity.
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a)Article XIII, section 8,of the
California Constitution; and b)section 402.1 of the California Revenue and Taxation Code or successor
statue. Furthermore,this Deed Restriction shall be deemed to constitute a servitude upon and burden to
the Property within the meaning of section 3712(d)of the California Revenue and Taxation Code,or
successor statue, which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s)to ascertain whether the use restrictions set forth above are being
observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s)whether
written or oral which uses or would cause to be used or would permit use of the Property contrary to the
terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and
all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction.
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In the event of a breach,any forbearance on the part of DPR to enforce the terms and provisions hereof
shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
5. SEVERABILITY. If any provision of these restrictions is held to be invalid,or for any
reason becomes unenforceable,no other provision shall be affected or impaired.
Dated: M(A1rC,h , 20 I—I---
Business Name(if property is owned by a business): lc-VG
Owner(s)Name(s): C.,1 of �'(,I�"kr4 raj CI -hi
Signed: Signed:
okuA.GortectA - cttY buco lue
PRINT/TYPE NAME&TITLE OF ABOVE PRINT/TYPE NAME&TITLE OF ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE,AS REQUIRED)
**NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
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A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or
validity of that document.
State of California
County of 1:c1VVv 1t1P_
On 3 .2 .20 11- before me,TirCitCrA R.NGtv-1-j t a Notary Public,
personally appeared dohs Ac . COv-�t r G► ,who proved to me on the basis of
satisfactory evidence to be the person whose name(Vf is/arlsubscribed to the within instrument and
acknowledged to me that he/s0/th54,executed the same in his/he//thQr authorized capacity(ipj,and that
by his/he /thgir signature f on the instrument the person or the entity upon behalf of which the
personacted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. TqACE1I,R� NIEt
•
Commission l.Z1045$l
Signaturk 1 _/ Ai (Seal) Mohr!
public-wow
*VII, Riverside Ceti*
Comm.E !1.2019
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EXHBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Parcel 1-A: (a portion of APN 687-170-028, formerly 687-170-018)
The North half of Lot 4 of Cathedral City, in the City of Cathedral City, County of
Riverside, State of California, as shown by Map on file in Book 13, at Pages 24, 25 and
26 of Maps, Records of Riverside County, California;
EXCEPTING therefrom the East 100 feet thereof;
TOGETHER WITH the South half of Fourth Street, adjoining said land on the North, as
vacated and abandoned by Resolution of the Board of Supervisors, a certified copy of
which was recorded on June 27, 1962, in Book 3170, Page 82, as Instrument No.
60186, in Official Records. Said resolution was superseded and rescinded by a
subsequent Resolution of the Board of Supervisors which vacated and abandoned the
same portion of Fourth Street, and was recorded on August 28, 1962, as Instrument No.
81145, in said Official Records.
Also EXCEPTING therefrom that portion conveyed to the City of Cathedral City by Deed
recorded on October 22, 1986, as Instrument 1986-263192, in Official Records of
Riverside County.
Parcel 1-B: (a portion of APN 687-170-028 (formerly 687-170-018)
The South 95 feet of the West 100 feet of Lot 4 of Cathedral City, as shown by Map on
file in Book 13, at Pages 24, 25, and 26 of Maps, Records of Riverside County,
California.
EXCEPTING therefrom that portion conveyed to the City of Cathedral City by Deed
recorded on October 22, 1986, as Instrument 1986-263192, in Official Records of
Riverside County.
SUBJECT TO an easement and right of way in favor of the City of Cathedral City for
public highway, sidewalk, landscaping and public utility purposes as described in the
Grant of Easement recorded February 20, 2014, as Instrument No. 2014-0066042, in
Official Records of Riverside County.
Parcel 2: (APN 687-170-006)
The East 100 feet of Lot 4 of Cathedral City, as shown by Map on file in Book 13, at
Pages 24, 25 and 26 of Maps, Records of Riverside County, California;
TOGETHER WITH the South half of Fourth Street, adjoining said land on the North, as
vacated and abandoned by Resolution of the Board of Supervisors, a certified copy of
which was recorded on June 27, 1962, in Book 3170, Page 82, as Instrument No.
60186, in Official Records. Said resolution was superseded and rescinded by a
subsequent Resolution of the Board of Supervisors which vacated and abandoned the
same portion of Fourth Street, and was recorded on August 28, 1962, as Instrument No.
81145, in said Official Records.
Parcel 3: (APN 687-170-007)
The West 100 feet of Lot 5 of Cathedral City, in the City of Cathedral City, County of
Riverside, State of California, as shown by Map on file in Book 13, at Pages 24, 25 and
26 of Maps, Records of Riverside County, California;
TOGETHER WITH the South half of Fourth Street, adjoining said land on the North, as
vacated and abandoned by Resolution of the Board of Supervisors, a certified copy of
which was recorded on June 27, 1962, in Book 3170, Page 82, as Instrument No.
60186, in Official Records. Said resolution was superseded and rescinded by a
subsequent Resolution of the Board of Supervisors which vacated and abandoned the
same portion of Fourth Street, and was recorded on August 28, 1962, as Instrument No.
81145, in said Official Records.
Parcel 4-A: (a portion of APN 687-170-027)
Lot 3 and the Westerly 120 feet of Lot 2 of Cathedral City, in the City of Cathedral City,
County of Riverside, State of California, as shown by Map on file in Book 13, at Pages
24, 25 and 26 of Maps, Records of Riverside County, California;
EXCEPT the Northerly rectangular 75 feet of the above Lot 3 and portion of Lot 2.
Also EXCEPTING from the above portion of Lot 3 the Westerly 24 feet thereof
(measured at right angles) conveyed to the County of Riverside per Grant Deed
recorded on October 30, 1978, as Instrument No. 228157, in Official Records of
Riverside County.
Parcel 4-B (a portion of APN 687-170-027)
The Northerly rectangular half of that portion of Fourth Street, shown as Lot "Al" on the
map of Cathedral City, per Map on file in Book 13, at Pages 24, 25 and 26 of Maps,
Records of Riverside County, lying Easterly of the East line of Cathedral Canyon Drive,
as shown on said Map, as vacated and abandoned by Resolution of the Board of
Supervisors, a certified copy of which was recorded on June 27, 1962, in Book 3170,
Page 82, as Instrument No. 60186, in Official Records. Said resolution was superseded
and rescinded by a subsequent Resolution of the Board of Supervisors which vacated
and abandoned the same portion of Fourth Street, and was recorded on August 28,
1962, as Instrument No. 81145, in said Official Records.
EXCEPTING from the above described portion of Lot "Al" (Fourth Street) the Westerly
24 feet thereof (measured at right angles) conveyed to the County of Riverside per
Grant Deed recorded on October 30, 1978, as Instrument No. 228157, in Official
Records of Riverside County.
Parcel 4-C:(a portion of APN 687-170-027)
That certain portion of the above described portions of Lot 3 and Lot "Al" (Fourth Street)
as described the Grant Deed to the County of Riverside recorded on October 30, 1978,
as Instrument No. 228157, as vacated by Resolution of Summary Vacation recorded on
October 20, 2010, as Instrument No. 2010-0503094, in said Official Records, and more
particularly described in the Quitclaim Deed recorded on August 24, 2010, as
Instrument No. 2010-0403294, in Official Records of Riverside County, as follows:
Beginning at the Northwest corner of said Lot "Al" (Fourth Street) of Cathedral City, as
shown by Map on file in Book 13, at Pages 24, 25 and 26 of Maps, Records of Riverside
County, California, said corner also being the Southwest corner of said Lot 3 of
Cathedral City;
Thence, South 00° 02' 15" East along the West line of said Lot "Al", a distance of 20.00
feet to th Southwest corner of the North half of said Lot "Al";
Thence, North 89° 57' 45" East along the South line of the North half of said Lot "Al, a
distance of 16.48 feet to the True Point of Beginning;
Thence, North 02° 26' 44" West, a distance of 135.12 feet to a point on the South line of
the North 75 feet of said Lot 3, distant thereon North 89° 57' 45" East, 10.80 feet from
the Southwest corner of the said North 75 feet of said Lot 3;
Thence, North 89° 57' 45" East, along the said South line of the North 75 feet of Lot 3, a
distance of 13.20 feet to a line parallel and distant 24.00 feet Easterly, measured at right
abngles, from the West line of said Lot 3;
Thence, South 00° 02' 15" East, along said parallel line, 135.00 feet to a point on the
South line of the North half of said Lot "Al" (Fourth Street);
Thence, South 89° 57' 45" West, along said South line, 7.52 feet to the True Point of
Beginning.
Parcel 5: (APN 687-170-008)
Lot 5 of Cathedral City, in the City of Cathedral City, County of Riverside, State of
California, as shown by Map on file in Book 13, at Pages 24, 25 and 26 of Maps,
Records of Riverside County, California;
EXCEPTING therefrom the Westerly 100 feet and the Easterly 100 feet of said Lot 5;
TOGETHER WITH that portion of the South half of Fourth Street, adjoining the above
described portion of Lot 5 on the North, as vacated and abandoned by Resolution of the
Board of Supervisors, a certified copy of which was recorded on June 27, 1962, in Book
3170, Page 82, as Instrument No. 60186, in Official Records. Said resolution was
superseded and rescinded by a subsequent Resolution of the Board of Supervisors
which vacated and abandoned the same portion of Fourth Street, and was recorded on
August 28, 1962, as Instrument No. 81145, in said Official Records.
The above descriptions were prepared by
Da id R. Faessel, CE 18731 Iva %-
No 18731 *'
, i' CIV1�- '`�
EXHIBIT "B"
GRANT CONTRACT FOR PROJECT NO. 06-01799
WITH GRANT CONTRACT PROVISIONS
•
State of CaMond.•Natural Resources Agency
Department of Parks and Recreation
GRANT CONTRACT
Land and Water Conservation Fund
Competitive
GRANTEE CRY el Cathedral City
•
PROJECT TITLE HERITAGE PARK PROJECT NUMBER 08 01799
GRANT PERFORMANCE PERIOD Is from September 30,2016 thru Jura 30,2019
The GRANTEE agrees to the tams and conditions of this contract,hereinafter refaced to as AGREEMENT,and the Slats of —
Califosrtda,acting through Its Liaison Officer pursuant to the program named above,and agrees to fund the total State grant amount
Indicated below. The GRANTEE agrees to obmplete the GRANT SCOPE as defined in the GRANT SCOPE/Cost Estimate Form of
the APPLICATION filed with the State of California referenced by the project number indicated above. •
PROJECT DESCRIPTION: •
trails, the new Heritage Park in the
n's play shade trellis of Cathedral Coy. Construct a new outdoor for citywide cultural events,waning
Vie,lighting,and fencing.
•
•
Total State Grant not to exceed $1,400,000.00 (or 60%of the total project,whichever is less.).
Rate of Reimbursement 50.00%
City of Cathedral City The General and Special Provisions attached am made a part
Glee of and Incorporated Into the Contract.
By Jo ,:..CoREILA
Tspedorprhb ne son anise nerere STATE OF CALIFORNIA
DEPAR OF PARKS a RE R TION
or /
Address - t 40 By /!, i L>?
CkT4E At G 1TY, G 22. 1u.
Title qty Engineer Date /
Date 1 Z, 19-i6)
•
_ CERTIFICATION OF FUNDING
CONTRACT NO FATTENDMENT NO $LBTARS VENDOR NO. PROJECT NO.
• Ce9s0016 99600 • 06-01799 —
AMOUNT ENCUMBERED BY DOS bOCUMRR RiND,
$1,400,000.00 Federal Trust Fund
RAMOUNV DICUMWIRIO FOR Taus ITEM CHAPTER STATUTE FISCAL YEAR
3790101.0890(2) 10/16 16 I 2016/17
reCTAU.AMOUNT wactseERE0 To DATE INDEX. 0111.EXPEND PCA• PROJECT/WORK PHASE
S1,400,000.00 1091 702 68959 091012-00
T BA NO. l hereby eatery upon my personal knowledge that budgeted funds are available for this encumbrance.
S.R..NO. AC f13 �1 1( `mOPFrC SION1TUi 4 DAYS
■ t 1
State of California—The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Land and Water Conservation Fund
Grant Contract Provisions
Part I -Definitions
A. The term "NPS" or"Service" as used herein means the National Park Service, United
States Department of the Interior.
B. The term "Director" as used herein means the Director of the National Park Service,
or any representative lawfully delegated the authority to act for such Director.
C. The term "Manual" as used herein means the Land and Water Conservation Fund
State Assistance Program Manual.
D. The.term "project"as used herein means a Land and Water Conservation Fund grant
which is subject to the project agreement and/or its subsequent amendments.
E. The term "State" as used herein means the State or Territory which is a party to the
project agreement, and, where applicable, the political subdivision or public agency to
which funds are to be transferred pursuant to this agreement. Wherever a term,
condition, obligation, or requirement refers to the State, such term, condition, obligation,
or requirement shall also apply to the recipient political subdivision or public agency,
except where it is clear from the nature of the term, condition, obligation, or requirement
that it is to apply solely to the State. For purposes of these provisions, the terms "State,"
"grantee,"and "recipient"are deemed synonymous.
F. The term "Secretary" as used herein means the Secretary of the Interior, or any
representative lawfully delegated the authority to act for such Secretary.
Part II -Continuing Assurances
The parties to the project agreement specifically recognize that the Land and Water •
Conservation Fund project creates an obligation to maintain the property described in
the project agreement and supporting application documentation consistent with the
Land and Water Conservation Fund Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of assistance
will use monies granted hereunder for the purposes of this program, and that assistance
granted from the Fund will result in a net increase, commensurate at least with the
Federal cost-share, in a participant's outdoor recreation.
It is intended by both parties hereto that assistance from the Fund will be added to,
rather than replace or be substituted for, State and local outdoor recreation funds.
A. The State agrees, as recipient of this assistance, that it will meet the following
specific requirements and that it will further impose these requirements, and the terms
of the project agreement, upon any political subdivision or public agency to which funds
are transferred pursuant to the project agreement. The State also agrees that it shall be
responsible for compliance with the terms of the project agreement by such a political
subdivision or public agency and that failure by such political subdivision or public
agency to so comply shall be deemed a failure by the State to comply with the terms of
this agreement.
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B. The State agrees that the property described in the project agreement and the NPS
signed and dated project boundary map made part of that agreement is being acquired
or developed with Land and Water Conservation Fund assistance, or is integral to such
acquisition or development, and that, without the approval of the Secretary, it shall not
be converted to other than public outdoor recreation use but shall be maintained in
public outdoor recreation in perpetuity or for the term of the lease in the case of leased
property. The Secretary shall approve such conversion only if it is found to be in accord
with the then existing comprehensive statewide outdoor recreation plan and only upon
such conditions deemed necessary to assure the substitution of other recreation
properties of at least equal fair market value and of reasonably equivalent usefulness
and location pursuant to Title 36 Part 59.3 of the Code of Federal Regulations. This
replacement land becomes subject to Section 6(f)(3) protection. The approval of a
conversion shall be at the sole discretion of the Secretary, or his designee.
Prior to the completion of this project, the State and the Director may mutually alter the
area described in the project agreement and the signed and dated project boundary
map to provide the most satisfactory public outdoor recreation unit, except that acquired
parcels are afforded Section 6(f)(3) protection as Fund reimbursement is provided.
In the event the NPS provides Land and Water Conservation Fund assistance for the
acquisition and/or development of property with full knowledge that the project is subject
to reversionary rights and outstanding interests, conversion of said property to other
than public outdoor recreation uses as a result of such right or interest being exercised
will occur. In receipt of this approval, the State agrees to notify the Service of the
potential conversion as soon as possible and to seek approval of replacement property
in accord with the conditions set forth in these provisions and program regulations. The
provisions of this paragraph are also applicable to: leased properties acquired and/or
developed with Fund assistance where such lease is terminated prior to its full term due
to the existence of provisions in such lease known and agreed to by the Service; and
properties subject to other outstanding rights and interests that may result in a
conversion when known and agreed to by the Service.
C. The State agrees that the benefit to be derived by the United States from the full
compliance by the State with the terms of this agreement is the preservation, protection,
and the net increase in the quality of public outdoor recreation facilities and resources
which are available to the people of the State and of the United States, and such benefit
exceeds to an immeasurable and unascertainable extent the amount of money
furnished by the United States by way of assistance under the terms of this agreement.
The State agrees that payment by the State to the United States of an amount equal to
the amount of assistance extended under this agreement by the United States would be
inadequate compensation to the United States for any breach by the State of this
agreement.
The State further agrees, therefore, that the appropriate remedy in the event.of a breach
by the State of this agreement shall be the specific performance of this agreement or
the submission and approval of a conversion-of-use request as described in Section II.B
above.
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D. The State agrees to comply with the policies and procedures set forth in Manual.
Provisions of said Manual are incorporated into and made a part of the project
agreement.
E. The State agrees that the property and facilities described in the project agreement
shall be operated and maintained as prescribed by Manual requirements and published
post-completion compliance regulations(Title 36 Part 59 of the Code of Federal
Regulations).
F. The State agrees that a permanent record shall be kept in the participant's public
property records and available for public inspection to the effect that the property
described in the scope of the project agreement, and the signed and dated project
boundary map made part of that agreement, has been acquired or developed with Land
and Water Conservation Fund assistance and that it cannot be converted to other than
public outdoor recreation use without the written approval of the Secretary of the
Interior.
G. Nondiscrimination
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal
laws relating to nondiscrimination as outlined in the Civil Rights Assurance appearing at
Part III-I herein.
2. The State shall not discriminate against any person on the basis of residence, except
to the extent that reasonable differences in admission or other fees may be maintained
on the basis of residence as set forth in the Manual.
Part III - Project Assurances
A. Applicable Federal Circulars •
The State shall comply with applicable regulations, policies, guidelines and
requirements as they relate to the application, acceptance and use of Federal funds for
this federally assisted project, including:
• OMB Circular A-102, Uniform Administrative Requirements for Grants and
Cooperative Agreements with State and Local Governments;
• 43 CFR Part 12, Administrative and Audit Requirements and Cost Principles for
Assistance Programs, Department of the Interior;
• A-87, Cost Principles for State, Local, and Indian Tribal Governments; and
• A-133, Audits of States, Local Governments, and Non-Profit Organizations.
B. Project Application .
1. The Application for Federal Assistance bearing the same project number as the
agreement and associated documents is by this reference made a part of the
agreement.
2. The State possesses legal authority to apply for the grant, and to finance and
construct the proposed facilities. A resolution, motion or similar action has been duly
adopted or passed authorizing the filing of the application, including all understandings
and assurances contained herein, and directing and authorizing the person identified as
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the official representative of the State to act in connection with the application and to
provide such additional information as may be required.
•
3. The State.has the capability to finance the non-Federal share of the costs for the
project. Sufficient funds will be available to assure effective operation and maintenance
of the facilities acquired or developed by the project.
C. Project Execution
1. The project period shall begin with the date of approval of the project agreement or
the effective date of a waiver of retroactivity and shall terminate at the end of the stated
or amended project period unless the project is completed or terminated sooner in
which event the project shall end on the date of completion or termination.
2. The State shall transfer to the project sponsor identified in the Application for Federal
Assistance or the Description and Notification Form all funds granted hereunder except
those reimbursed to the State to cover eligible administrative expenses.
3. The State will cause work on the project to be commenced within a reasonable time
after receipt of notification that funds have been approved and assure that the project
will be prosecuted to completion with reasonable diligence.
4. The State will require the facility to be designed to comply with the Architectural
Barriers Act of 1968 (Public Law 90-480) and DOI Section 504 Regulations (43 CFR
Part 17). The State will be responsible for conducting inspections to insure compliance
with these specifications by the contractor.
5. The State shall secure completion of the work in accordance with approved
construction plans and specifications, and shall secure compliance with all applicable
Federal, State, and local laws and regulations.
6. In the event the project covered by the project agreement, cannot be completed in
accordance with the plans and specifications for the project; the State shall bring the
• project to a point of recreational usefulness agreed upon by the State and the Director
or his designee.
7. The State will provide for and maintain competent and adequate
architectural/engineering supervision and inspection at the construction site to insure
that the completed work conforms with the approved plans and specifications; that it will
furnish progress reports and such other information as the NPS may require.
8. The State will comply with the terms of Title II and Title III, the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat.
1894 (1970), and the applicable regulations and procedures implementing such Act for
all real property acquisitions and where applicable shall assure that the Act has been
complied with for property to be developed with assistance under the project
agreement.
9. The State will comply with the provisions of: Executive Order 11988, relating to
evaluation of flood hazards; Executive Order 11288, relating to the prevention, control,
and abatement or water pollution, and Executive Order 11990 relating to the protection
of wetlands.
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10.The State will comply with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234; 87 Stat. 975,
approved December 31, 1976. Section 102(a) requires the purchase of flood insurance
in communities where such insurance is available, as a condition for the receipt of any
Federal financial assistance for construction or acquisition purposes, for use in any area
that has been identified as an area having special flood hazards by the Flood Insurance
Administration of the Federal Emergency Management Agency. The phrase "Federal
financial assistance" includes any form of loan, grant, guaranty, insurance payment,
rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect
Federal assistance.
11. The State will assist the NPS in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593,
and the Archaeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.)
by(a) consulting with the State Historic Preservation Officer on the.conduct of
investigations, as necessary, to identify properties listed in or eligible for inclusion in the
National Register of Historic Places that are subject to effects (see CFR Part 800.8) by
the activity, and notifying the Federal grantor agency of the existence of any such
properties, and by (b) complying with all requirements established by the Federal
grantor agency to avoid or mitigate adverse effects upon such properties.
12. The State will comply with "Minority Business Enterprises"and "Women's Business
Enterprises" pursuant to Executive Orders 11625 and 12138 as follows:
(1) Place minority and women business firms on bidder's mailing lists.
(2) Solicit these firms whenever they are potential sources of supplies, equipment,
construction, or services.
(3)Where feasible, divide total requirements into smaller needs, and set delivery
schedules that will encourage participation by these firms.
(4) The Department of the Interior is committed to the objectives of this policy and
encourages all recipients of its grants and cooperative agreements to take affirmative
steps to ensure such fairness.
The National Park Service Regional Offices will work closely with the States to ensure
full compliance and that grant recipients take affirmative action in placing a fair share of
purchases with minority business firms.
13. The State will comply with the intergovernmental review requirements of Executive
Order 12372.
D. Construction Contracted for by the State Shall Meet the Following Requirements:
1. Contracts for construction shall comply with the provisions of 43 CFR Part 12
(Administrative and Audit Requirements and Cost Principles for Assistance Programs,
Department of the Interior).
2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any
grantee or subgrantee to any party which has been debarred or suspended under
Executive Order 12549. By signing the LWCF agreement, the State certifies that it will
comply with debarment and suspension provisions appearing at Part III-J herein.
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E. Retention and Custodial Requirements for Records
1. Financial records, supporting documents, statistical records, and all other records
pertinent to this grant shall be retained in accordance with 43 CFR Part 12 for a period
of three years; except the records shall be retained beyond the three-year period if audit
findings have not been resolved.
2. The retention period starts from the date of the final expenditure report for the project.
3. State and local governments are authorized to substitute copies in lieu of original
records.
4. The Secretary of the Interior and the Comptroller General of the United States, or any
of their duly authorized representatives, shall have access to any books, documents,
papers, and records of the State and local governments and their subgrantees which
are pertinent to a specific project for the purpose of making audit, examination, excerpts
and transcripts.
F. Project Termination
1. The Director may temporarily suspend Federal assistance under the project pending
corrective action by the State or pending a decision to terminate the grant by the
Service.
2. The State may unilaterally terminate the project at any time prior to the first payment
on the project. After the initial payment, the project may be terminated, modified, or
amended by the State only by mutual agreement.
3. The Director may terminate the project in whole, or in part, at any time before the
date of completion, whenever it is determined that the grantee has failed to comply with
the conditions of the grant. The Director will promptly notify the State in writing of the
determination and the reasons for the termination, together with the effective date.
Payments made to States or recoveries by the Service under projects terminated for
cause shall be in accord with the legal rights and liabilities of the parties.
4. The Director or State may terminate grants in whole, or in part at any time before the
date of completion, when both parties agree that the continuation of the project would
not produce beneficial results commensurate with the further expenditure of funds. The
two parties shall agree upon the termination conditions, including the effective date and,
in the case of partial termination, the portion to be terminated. The grantee shall not
incur new obligations for the terminated portion after the effective date, and shall cancel
as many outstanding obligations as possible. The NPS may allow full credit to the State
for the Federal share of the noncancelable obligations, properly incurred by the
GRANTEE prior to termination.
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5. Termination either for cause or for convenience requires that the project in question
be brought to a state of recreational usefulness agreed upon by the State and the
Director or that all funds provided by the National Park Service be returned.
G. Lobbvinq with Appropriated Funds
The State must certify, for the award of grants exceeding $100,000 in Federal
assistance, that no Federally appropriated funds have been paid or will be paid, by or
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on behalf of the State, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding,
extension, continuation, renewal, amendment, or modification of this grant. In
compliance with Section 1352, title 31, U.S. Code, the State certifies, as follows:
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, and officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3)The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
H. Provision of a Drug-Free Workplace
In compliance with the Drug-Free Workplace Act of 1988 (43 CFR Part 12, Subpart D),
the State certifies, as follows:
The grantee certifies that it will or continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
grantee's workplace and specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
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(3)Any available drug counseling, rehabilitation, and employee assistance programs;
and
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of a
grant be given a copy of the statement required by paragraph (a);
• (d) Notifying the employee in the statement required by paragraph (a)that, as a
condition of employment under the grant, the employee will:
(1)Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph (d)(2)from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to every grant officer on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt of such notices.
Notice shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted;
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
The State must include with its application for assistance a specification of the site(s) for
the performance of work to be done in connection with the grant.
I. Civil Rights Assurance
The State certifies that, as a condition to receiving any Federal assistance from the
Department of the Interior, it will comply with all Federal laws relating to
nondiscrimination. These laws include, but are not limited to: (a) Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of
race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c)
the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), which
prohibits discrimination on the basis of age; and applicable regulatory requirements to
the end that no person in the United States shall, on the grounds of race, color, national
origin, handicap or age, be excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination under any program or activity conducted by the
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applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately
take any measures necessary to effectuate this agreement..
THIS ASSURANCE shall apply to all aspects of the applicant's operations including
those parts that have not received or benefited from Federal financial assistance.
If any real property or structure thereon is provided or improved with the aid of Federal
financial assistance extended to the Applicant by the Department, this assurance shall
obligate the Applicant, or in the case of any transfer of such property, any transferee, for
the period during which it retains ownership or possession of the property. In all other
cases, this assurance Shall obligate the Applicant for the period during which the
Federal financial assistance is extended to it by the Department.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any
and all Federal grants, loans, contracts, property, discounts or other Federal financial
assistance extended after the date hereof to the Applicant by the Department, including
installment payments after such date on account of applications for Federal financial
assistance which were approved before such date.
The Applicant recognizes and agrees that such Federal financial assistance will be
extended in reliance on the representations and agreements made in this assurance,
and that the United State shall have the right to seek judicial enforcement of this
assurance. This assurance is binding on the Applicant, its successors, transferees,
assignees, and subrecipients and the person whose signature appears on the grant
agreement and who is authorized to sign on behalf of the Applicant
J. Debarment and Suspension
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief,
that it and its principals:
(a)Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statement, or receiving stolen property;
(c)Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or default.
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(2)Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this proposal.
The State further agrees that it will include the clause "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions"appearing below in any agreement entered into with lower tier
participants in the implementation of this grant. Department of Interior Form 1954 (Dl-
1954) may be used for this purpose.
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion - Lower Tier Covered Transactions
(1)The prospective lower tier participant certifies, by submission of this application that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2)Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this application.
K. Hold Harmless
The Grantee shall indemnify the State of California and its officer, agents and
employees against and hold the same free and harmless from any and all claims,
demands, damages, losses, costs, and/or expenses of liability due to, or arising out of,
either in whole or in part, whether directly or indirectly, the organization, Development,
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construction, operation, or maintenance of the Project.
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