Loading...
HomeMy WebLinkAboutCalifornia Department of Parks and Recreation 2011-07-21State of California Natural Resources Agency f DEPARTMENT OF DARKS AND RECREATION ~U GRANT CONTRACT 2002 Resources Bond Act Roberti-Z'berg-Harris - Nonurban Needs Basis GRANTEE City of Ukiah THE PROJECT PERFORMANCE PERIOD IS FROM July 01, 2011 through June 30, 2015 CONTRACT PERFORMANCE PERIOD IS FROM July 01, 2011 through June 30, 2031 The Grantee agrees to the terms and conditions of this Contract, and the State of California, acting through Its Director of Parks and Recreation pursuant to the Roberti- Z'berg-Harris - Nonurban Needs.Basis in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, agrees to fund the total Project Grant Amount indicated. THESE FUNDS ARE FOR THE ACQUISITION AND DEVELOPMENT OF NEIGHBORHOOD, COMMUNITY, AND REGIONAL PARKS AND RECREATION LANDS AND FACILITIES. City gfUkiah •t3rantee By~{ JJ (Signature of Authorized Representative) Tl . Qlly Manag r Date: The General and Special Provisions attached are made a part of and Incorporated Into the Contract. STATE= OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By: Date: CERTIFICATION OF FUNDING CONTRACT NO AMENDMENT NO CALSTRS VENDOR NO PROJECT NO C0231185 400000434100 n r 2~ ~p~ AMOUNT ENCUMBERED BYTMS FUND DOCUMENT Clean Water, Cln Air, Cstl Prow Fd CA $ 329,986 , PRIORAMOUNT ENCUMBERED BYTHIS ITEM CHAPTER STATUITE FISCAL YEAR CONTRACT 0 3790-103-6029(1) 33111 J 11 2011112 TOTAL AMOUNT ENCUMBERED TO DATE INDEX OBJ. EXPEND PCA PROJECT(WORK $ 329,986 1091. 702 + ^ PHASE T.B.A. NO 1 hereby certify upon my own personal knowledge that budgeted funds are available for ttt s encumbrance. B.R. NO SIG AT RE OF ACCOUNTING OFFICER DATE AalI d GRANT CONTRACT This AGREEMENT is hereby made and agreed upon by the State of California, acting through the California Department of Parks and Recreation (hereinafter referred to as "STATE") and Cry of Ukiah (hereinafter referred to as "GRANTEE") pursuant to the Ro erti- Z'bera-Harris - Nonurban Needs Basis in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. RECITALS 1. On or about 3/28/2006 the STATE and GRANTEE entered into Grant Contract #C0214086 (hereinafter referred to as "PREVIOUS CONTRACT") for an amount not to exceed 500, 00. This grant was funded in accordance. with the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act. of 2002, also known as Proposition 40. 2. The completion date set forth in the PREVIOUS CONTRACT was 6/30/2012. The GRANTEE did not complete the grant project(s) or spend Its entire allocation prior to the contract liquidation date and, therefore, is not discharged from its obligations'under the PREVIOUS CONTRACT. 3. Pursuant to the PREVIOUS CONTRACT, STATE disbursed grant funds to GRANTEE in the total amount of 500,00Q, leaving a balance in the amount of 329,986 for use by GRANTEE. 4. On or about June 30, 2011, Chapter 33 of the Statutes of 2011 (hereinafter "Budget Bill of 2011/12") was enacted. Item 3790-401 stated that all grant funds previously appropriated from Proposition 40 that have not been expended by grant recipients prior to June 30, 2011 shall revert to the funds-from which the appropriations were made. This provisions effectively terminated STATE's authority to pay out further grant funds under the PREVIOUS CONTRACT. Pursuant to section 3790-103-6029 of the Budget Bill of 2011/12, the Legislature appropriated an amount equivalent to the balance remaining on June 30, 2011 in the 2002 California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Fund. The Legislature made these funds available for grants previously appropriated from Proposition 40 funds which are deemed to have the highest priority statewide consistent with Section 5096.633 of the Public Resources Code. These funds are available for encumbrance on or before June 30, 2013. Per Government Code section 16304, the liquidation period of these funds is extended to on or before June 30, 2015. 5. Pursuant to the Budget Bill of 2011/12, item number 3790-103-6029 and 3790-401, STATE and GRANTEE agree to enter Into this Agreement (hereinafter referred to as "CONTRACT"). which establishes terms and conditions that allow the expenditure of the newly appropriated grant funds established by Senate Bill 87 to complete the project(s) set forth in the CONTRACT. STATE and GRANTEE agree to cancel the PREVIOUS CONTRACT and agree to be bound by the terms and conditions of this CONTRACT. 6. The term "DEVELOPMENT" means capital Improvements to real property by means of construction of permanent or fixed features of the property. 7. The term "GRANT PERFORMANCE PERIOD" means the period of time described In the Section I of this contract during which eligible costs can be charged to the grant and which begins on the date of appropriation and ends on the fund liquidation date. 8. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form(s) found in the APPLICATION(s). 9. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for the 2002 Resources Bond Act [subprogram name]. The GUIDE provides the procedures and policies controlling the administration of the grant. 10. The term "PROJECT TERMINATION" refers to the non-completion of a GRANT SCOPE. 11. The term "REASONABLE HOURS OF OPERATION" means that the facility is available to the public during days and times consistent with the type of property, the amount of the STATE GRANT MONIES invested in the project, the time of year, and the operating hours of similar facilities In nearby communities. 12. The term "STATE" refers to the State of California acting by and through the California Department of Parks and Recreation. B. Project Execution 1. Subject to the availability of GRANT MONIES in the ACT, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes set forth in the GRANT SCOPE(S), and under the terms and conditions set forth in this CONTRACT. The GRANTEE shall assume the obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S). 2. All changes and alterations to the GRANT SCOPE must be approved in writing by the STATE. GRANTEE'S failure to comply with this provision may be construed as a breach of the terms of the CONTRACT and result in the enforcement of the Project Termination provision section E. found in this CONTRACT. If the contract was funded under a COMPETITIVE GRANT PROGRAM, the GRANTEE agrees that any other project changes or alterations which deviate from the project selection criteria responses provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval. This requirement is necessary to maintain the integrity of the competitive grant process. 3 3. The GRANTEE shall complete the GRANT SCOPE in accordance with the time of the GRANT PERFORMANCE PERIOD set forth on page one of this CONTRACT, and under the terms and conditions of this CONTRACT. 4. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et. seq.). 5. The GRANTEE shall at all times comply with all applicable current laws and regulations affecting ACQUISITION and DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, Including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et.seq.) and the California Unruh Act (California Civil Code §51 et seq.) 6: If the GRANT SCOPE includes ACQUISITION of real property, the GRANTEE agrees to comply at all times with all applicable State and local laws or ordinances affecting relocation and real property ACQUISITION. 7. GRANTEE agrees that lands acquired with GRANT MONIES shall not be acquired through the use of eminent domain. C. Project Costs 1. GRANTEE agrees to abide by the GUIDES. 2. GRANTEE acknowledges that the STATE may make reasonable changes to its procedures as set forth in the GUIDES. If the STATE makes any changes to its procedures and guidelines, STATE agrees to nottly GRANTEE within a reasonable time. D. Project Administration 1. If GRANT MONIES are advanced for ACQUISITION projects, the GRANT MONIES shall be placed in an escrow account by GRANTEE. If GRANT MONIES are advanced and not expended, GRANTEE shall return the unused portion of the advanced funds to the STATE within 60 days after the close of escrow. 2. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account by GRANTEE until expended. Advanced funds must be spent within slx months from the date of receipt, unless the STATE provides GRANTEE with a written waiver of this requirement. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If GRANT MONIES are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or the end of the GRANT PERFORMANCE PERIOD whichever is earlier. 3. The GRANTEE shall submit written project status reports within 30 calendar days after - the STATE has made such a request. In any event, the GRANTEE shall provide the 4 STATE •a report showing total final project expenditures within 60 days of project completion or the end of the GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is Identified on page one of this CONTRACT. 4. The STATE shall have the right to inspect all property or facilities acquired and/or developed pursuant to this CONTRACT and the GRANTEE shall make such property or facilities available for inspection upon 24 hours notice from the STATE. 5. The GRANTEE and the STATE agree that If the GRANT SCOPE Includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete. 6. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. E. Deed Restriction 1. In order to ensure that property improved or acquired with GRANT MONIES are used for purposes consistent with the grant, If the property acquired or developed with GRANT MONIES Is owned by the GRANTEE, the GRANTEE must record a deed restriction on the title to property prior to receiving payments for any purpose other than acquisition. The Deed Restriction shall include the following elements: a. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-Interest during the CONTRACT PERFORMANCE PERIOD. b. TAXES AND ASSESMENTS. The Deed Restriction shall be 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, the 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. c. RIGHT OF ENTRY. STATE 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. d. 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 the Deed Restriction will be deemed a violation and a breach hereof. STATE may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of the Deed Restriction. In the event of a breach, any forbearance on the part of STATE to enforce.the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. F. Project Termination 1. In the event of non-completion of a GRANT SCOPE, the GRANTEE shall return all GRANT MONIES to the STATE. 5 2. This CONTRACT maybe rescinded, modified or amended only by mutual written CONTRACT between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual CONTRACT is not required for a rescission, modification or CONTRACT. -3. Failure by the GRANTEE to comply with the terms of this CONTRACT, as well as any other grant contracts or other CONTRACTs that GRANTEE has entered into with STATE,. may be cause for suspension of all obligations of the STATE under this CONTRACT unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly Incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. 4. The GRANTEE agrees that in the event of a breach of this CONTRACT, the STATE may seek, in addition to all remedies provided by law, specific performance of the CONTRACT in accordance with the purpose of the CONTRACT to preserve, protect and increase the quantity and quality of parks, public recreation facilities, opportunities and/or historic resources available to the people of the State of California. G. Budget Contingency Clause For purposes of this program, if funding for any fiscal year is reduced or deleted by the budget act, executive order, the legislature, or by any other provision of statute, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT to GRANTEE to reflect a reduced grant amount. This paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2, of this CONTRACT. H. Indemnity 1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except valid legal claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees. 2. To the fullest extent of the law, the GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees. 3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et. seq., the GRANTEE 6 shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the STATE shall bear Its own litigation costs, expenses, and attorney's fees. 4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. 5. The GRANTEE shall indemnify, hold harmless and defend the STATE; its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that It Is solely responsible for compliance with items to which it has certified. 1. Financial Records 1. The GRANTEE shall maintain satisfactory financial accounts, documents and records for the project and make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or final payment, whichever Is later. 2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of GRANT MONIES, (b) the total cost of the project; (c) the amount and nature of project funds provided by other sources, and (d) any other records that will facilitate an effective audit of use of the GRANT MONIES. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this CONTRACT or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for Inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT. Such accounts, documents, and records shall be retained by the GRANTEE for 5 years following final payment of GRANT MONIES. 4. The GRANTEE shall use a generally accepted accounting system. J. Use of Facilities The GRANTEE agrees to operate and maintain any property acquired or developed with the GRANT MONIES for the duration of the CONTRACT PERFORMANCE PERIOD. 2. The GRANTEE agrees that during the CONTRACT PERFORMANCE PERIOD, any income earned by the GRANTEE from a STATE approved non-recreational use of 7 the project shall be used for recreational purposes at the project, or, If approved by the STATE, for recreational purposes within the GRANTEE'S jurisdiction. 3. If the APPLICATION does not specify the days and hours of operation, the facility will have REASONABLE OPERATING HOURS. The GRANTEE shall request the STATE'S approval before making any changes to the hours of operation. 4. If the APPLICATION specifies the hours of operation, the facility shall have operating hours consistent with the times proposed in the APPLICATION and be open to members of the public in accordance with the project selection criteria in the APPLICATION, unless otherwise granted permission by the STATE and except as noted under the special provisions of this CONTRACT or under provisions of the enabling legislation and/or grant program. 5. The GRANTEE agrees that for the duration of the CONTRACT PERFORMANCE PERIOD, any property acquired or developed with GRANT MONIES under this CONTRACT shall be used only for the purposes of the grant and consistent with the GRANT SCOPE referenced In the APPLICATION unless prior written approval is given by the STATE. 6. The GRANTEE agrees to use any property acquired or developed with GRANT MONIES under this CONTRACT only for the purposes of the grant and no other use, sale, or other disposition shall be permitted except as authorized by a specific act of the legislature in which event the property shall be replaced by the GRANTEE with property of equivalent value and usefulness as determined by STATE. 7. The property acquired or developed with GRANT MONIES may be transferred to another eligible entity only if the successor entity assumes the obligations imposed under this CONTRACT and with written approval of the STATE. 8. Any real property acquired or developed with GRANT MONIES (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the GRANT MONIES were awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under this CONTRACT. 8. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants required and approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse the STATE an amount at least equal to the amount of GRANT MONIES received from the STATE or the pro rated full market value of the real property, including improvements, at the time of sale, whichever is higher. 9. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint. 8 K. Nondiscrimination 1. The GRANTEE shall not discriminate against any person on the basis of sex, race, creed, color, national origin, age, religion, ancestry, sexual orientation, disability, medical condition, or marital status in the use of property or a specific facility included in the GRANT SCOPE(S). 2. The GRANTEE shall not discriminate against any person on the basis of residence, and shall not apply differences in admission or other fees on the basis of residence. Fees shall be reasonable and not unduly prevent use by economically disadvantaged members of the public. L. Severability If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this contract are severable. M. Liability STATE assumes no responsibility for assuring the safety of construction, site improvements or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. N. Assignability Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. 0. Section Headings The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT. 9 P. Waiver Any failure by a party to enforce its rights under this CONTRACT, In the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. City of Ukiah Grantee By: c..-- Signatu f Authorize epresentative (Position Authorized in the Resolution) Title: City Manager Date: (1 i 10 AUDIT CHECKLIST ' An audit of the project may be performed. The grantee must retain and make available all project related records for a minimum of three years following project termination or final payment of grant funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the grantee to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, you may contact the State Department of Parks and Recreation Audits Office at (916) 445-8999. CONTRACTS Summary list of bidders (including individual bid packages) Recommendation by reviewer of.bids Awarding by governing body (minutes of the meeting/resolution) Construction contract agreement Contract bonds (bid, performance, payment) Contract change orders Contractor's progress billings Payments to contractor (cancelled checks/warrants*) Stop Notices (filed by sub-contractors and release if applicable) Liquidated damages (claimed against the contractor) Notice of completion (recorded) MINOR CONTRACTS/MATERIALSISERVICESIEQUIPMENT RENTALS Purchase orders/Contracts/Service Agreements Invoices Payments (actual cancelled checks/warrants") ACQUISITION Appraisal Report Did the owner accompany the appraiser? 10 year history Statement of just compensation (signed by seller) Statement of difference (if purchased above appraisal) Waiver of just compensation (if purchased below appraisal: signed by seller) Final Escrow Closing Statement FORCE -LABOR* Authorization/work order identifying project Daily time sheets signed by employee and supervisor Hourly rate (salary schedules/payroll register) Fringe benefits (provide breakdown) IN-HOUSE EQUIPMENT Authorization/work order Daily time records identifying the project site Hourly rate related backup documents Cancelled checks/warrants (payment(s) to seller(s)) Grant deed (vested to the participant) or final order of condemnation Title insurance policy (issued to participant) Relocation documents Income (rental, grazing, sale of improvements, etc.) INTEREST Schedule of interest earned on State funds advanced Note: interest on grant advances is accountable, even if commingled in a pooled fund account and/or interest was never allocated back to the grant fund. AGREEMENTICONTRACTS Leases, agreements, etc., pertaining to developed/acquired property * Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation must be maintained as charges are incurred and made available for verification at the time of audit. Front and back if copied. Revised 1/12/2006 CONFORMED COPY Copy of Document Recorded on 01/05/2012 03:22:22 PM as 2012-00175 Mendocino County Clerk-Recorder 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RECORDING REQUESTED BV: California Department of Parks and Recreation Office of Grants and Local Services WHEN RECORDED MAIL TO: Office of Grants and Local Services PO Box 942896 Sacramento, CA 94296-0001 Attn: Lisa Vigil DEED RESTRICTION 1. WHEREAS, City of Ukiah (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, City of Ukiah (hereinafter referred to as "Applicant(s)") III. 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 IV. WHEREAS, Owner(s) applied to DPR for grant funds available pursuant to the 2002 Resources Bond Act, Roberti-Z'berg-Harris - Nonurban Needs Basis, for and renovation of the lap pool and pool house at the Ukiah Municipal Pool ("Improvements")facilities within Todd Grove Park as enclosed by fencing on December 31, 2011, which occupies a portion of the property, more specifically an area of approximately 53,935.2 square feet centered around the following coordinates: 391- 091- 08.68"N & 123°- IT- 11.75"W."; and V. WHEREAS, DPR's Office of Grants and Local Services approved Grant No. RN-23- 009, (hereinafter referred to as "Grant") to construct the improvements on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and VI. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Grant would not be consistent with the public purposes of the 2002 Resources Bond Act, Roberti-Z'berg- Harris - Nonurban Needs Basis and the funds that are the subject of the Grant could therefore not have been granted; and VII. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors- in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) l 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 renovation of the lap pool and pool house at the Ukiah Municipal Pool ("Improvements")facilities within Todd Grove Park as enclosed by fencing on December 31, 2011, which occupies a portion of the property, more specifically an area of approximately 53,93 5.2 square feet centered around the following coordinates: 39°- 09'- 08.68N & 1230- 13'- 11.75"W."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 7/1/2011 through 6/30/2031. 2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable end 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 itatue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to he Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded property. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at 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. 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: r- , 20 Signed:-Signed: ,a e A. Chambers ty Manager f PRINTrrYPE NAME & TITLE OF ABOVE (GRANTEE'S AUTHORIZED REPRESENTATIVE) PRINT(ME NAME & TITLE OF ABOVE (ADDITIONAL SIGNATURE, AS REQUIRED) "NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE" 3 1 2 3 4 5 6 7 8 9 10 II 12 13 1 14 1 15 16 17 18 19 20 21 1 22 23 24 25 26 27 State of California County of t/7 On before me, a Notary Public, personally appeared Oa n e 0444 t 4 , who proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/on subscribed to the within instrument and acknowledged to me that he/she/tlvey executed the same in-his/her/tl4eir authorized capacity(iesj; and that by hWherhheir signature(s),on the instrument the person(4), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES y h 'd 'd offi ial seal. Signatu (Seal) Congn!=sion s' 1941814 *arY PuNk - Cawornfa n ocfeo Coanty 4 11/29/2011 17:10 FAX 707 462 5010 REDWOOD EMPIRE TITLE t 111 year first above written. PAr4Et TWbt (Commencing At a point Nbrth of .the one-quareto, orse r on tho.SOuth bbundary of 8eotioYt TMiihty-nine (29), in Township 21NOrth, Mange 17 lount Diablo ldeiiidien, 14 chains and 00 links, said point or place of begiftning bat on the South boundary of land owned by H,'McNamara! rd ning th6noe South 36 chains a 90 link's to the County !toad kwiowa as the Cahto Road! thence North E0° Y., 3 otiains and links,' thence North 31}" West; 2 chain, and 12.!in,kat'thence North 42° Nest; 5-chains; th a South 7.9° west, 2 chains and 97 links; thence N6rth 29 OhAihs 4a d 90 li►ls; thence ties 0 chains to the-point or place of beginping; and oontaiairig 31=1'/3 acres of land, more or as. IN WITNESS N4i goir, the 'Grantors have reanto- act their hands and seal's the day and Mary Trobte (Seal) xilen S. Gootse (seal) Lillie i3.: Simmons (peal) George U. Trotta (801). Margaret Dluak (seal) William L, Watts (Seal) V F? V STATE OF CALIFORNIA } Couety-or Napa as. On this 30th day of tuber; 1938, before me, Ruth U. Curry, a Notary Mho in dtid for the County of Napa, Stat of California; personally appeared Diary A. Trotta, also known'as end sometimes Gelled Ma F, Trotta, a widow, Margaret Munk, formerly ttnrgerot Benson and formerly Margaret iProt , million L. Trotta, $llen A. OoetZe, formerly Ellen 9j Trotta, Lillie Bi Simmons, fo erly iiilia J. Trotta and OeoYgo X. Trotte, knbaa: to me to be'the persona whose names a subscribed to the within instrument, and acknowledged to re that they executed the same, IN WIft&S WHEREOF, I have. hereunto Net my hand and affixed my Official Seel, at my office, in the satd County'of Napa, the day and year in thie certificate first above written. (SEAL) Ruth M. Curry Notary Public in and for the county of Napa, My oommission expires March 5th, 1936. State of California Recorded at Request of ttendooino County Title Company Nov. 9 1935 at 51 aln. past 11 A.M. in fiber 109 of Official Records page 109 at seq, Records of Mendocino Co; A. J. Chalfant, Couaty Recorder X8.20 By Alta Ballou, Deputy 2606 Compared ATO/AB IOLA THIS INDIMR8 made the 5th day of November one thousand nine 1iihndied and thirty five between 8. N. HYDSN and HATTIE HYD$N, his wits, the parties of the first part, and CITY OF ` UKIAH, a aatnieipal corporation, the party of the second part, ~ RITNSSSStR: That the said parties of the first part in consideration of the sum of 4 Ten Dollars, lawful money of the United States of America, to them in hand paid, by the said PartY'of the second part, the receipt whereof is hereby acknowledged, do by these presents, grant, bargain, and sell unto the sold party of the second part, and to its successors and ky assigns forever, all that certain lot, piece or parcel of land situate in the City of Ukiah, County of Mendocino, State of California, and bounded and described as follows, to-wit: Beginning at a point' marked Y No. 52 on the lest boundary line of Yokayo Rancho, at the ' southeast. corfter'of Section eighteen (18), Township Fifteen (15) North, Renis'Twelve (1$) West, Daunt Diabio Base and Meridian, and running thence last along the south'bouadary liae of+ said 3sbtlon 18, a dLstanae:of 1860 feet, more or leas, to the west boundary line of said 1 s~ Bastion 18; and running thence north along the said west boundary line of said Seetlen 18, , a distance of 2646 test, more or lese;to the northwest corner of Lot 3 of said Section 16, $ _ g.t sad running theses East along the t>orth boundary 'lifts of said Lot S. a distance of 1320 feet !Y m . I more or less, to'the northeast comer of said Lot S' • and running thence south al III ri ore or oag the Beet y '-Line of said Lot $,a distance of 13E0 feet, more or lose, to the southwest corner of s~. Lot 6 of said Section 18;. and running thenee test along the south boundery lino of said lot a distance 6f 540 feat, sore or lase, to the said Nest boundary liae of'said Yokayo Rancho; t and'ranking thence north along the said boundary line of said Yokayo Rancho, a distance of ; T 3904 fast, more or Lass, to the southwest corner of the land aonveyed to reaels Rdligistis of - ` the Order of 8t. Dominic; and running thence S. 12. 021 t., along the south line Of said le ~rc p so oonvsyed, a distanoo of 1926 lest, c*rs or less, to a lanes, snit running thence 1610 'said lefts 8. 190 8E, W., 44045 feet; and•oontiduing along said fence S. 406 361 E, 1241.8 feet tb a line which would be the southerly boundary line of Walnut Avenue in mid Town of Okteh City, it said line of Selnut Avenue were extended, Westerly, and running thence 3. 786 24, S." f; 800.2._ feet more or leas to the northeasterly boualary line of a Lane; and running thence N. W 30' f„ along said boundary time of said Ions 908 feet, amore or less, to a point to the 191004/005 ,1 Elk USIRS $6.00 :encellAd 11J1>'/36 ' A.J.C: a 11/29/2011 17:11 FAX 707 462 5010 REDWOOD EMPIRE TITLE 1a005/005 i A 1 eY y~ } 1 northwesterly'and of said lens., and running "thence S. d3° D01 1M:, along said northwesterly and bt said lsno, 39 tweet to the northeast corner of the land of Joseph M. Sera, and run. t,r nine thence N. 810' 301 W#, along the north line of said land of Yoseph M. Sears, 1344:1 feet _ more or less, to' the west Boundary line of the Yokayo Rancho; end running'thonbe South, along, < said boundary line of said Rancho, 219.3 feet, more Or less,: to the point of beginning. f Magnetic Yariatioa 18""3O1 Best, containing"163.05 acres, more or lose, SAVING AND 21bERTINd`thaxefron that 'portion thereof heretofore 66 dyed by B. S: williams ' to th9'1'6wn of Uki91u City, by deed dated May Path, 1$19 and "recorded: in Book 158 of` Destle at 'A page 5i Mendocino county Pecords, said "exception cOmprising 12:48 ao6s:, more or 1668, . This conveyance is wade sub,)eot to all tax liens and the lien of any and all street rfw v HP I T6C8THBR'with the tone"dents, $ereditaments and appurtenances thereunto"belong! ng or AP- pertaining. and the reversion And:roversions, remaiader and remainders, rents, is8uea and i profits thereof. to y fO HAVE AMID TO HOLD, the -said pr6misis, together with the appurtenances, unto the said , f~f party of the second tart, and 'to its "eucoaesors and assigns fbredor. IN 11*ESS NHLRHOF, the said parties of the first part have herounto set their hands the x h . , day and year first abode writtenn.E a. t Signed and Delivered in the ) E. W. iiyddn Presence of " Hattie t:yaen 4k f - STATE OF C;GORNIA County of Mondocino) ea T On this 6th day of November, A, D. One thouseAd nine hundred and thirty five before me t+ - ? IRVINO ii. BRA`LIER a Notary public in and for said County and state, residing therein, duly P Oommissioned -And sworn ' f . , perabnally appeared, S. W: 1lYDBid and NA4"$I8 1lYDSN his wifel known to iOe to be the persons those names are subsoribad to and who executed the within instrument.,t and they acknowledged to se that they executed the safe. IN WITNESS WHEREOF, I have hereunto tier ay hand and affixed vV official seal at my office' In the County of Mendocino, the day and year in this certificate first above written: a (SEAL) Irving 'M. Brazier ~~.G;...F N.,. . Notary Public in and for the County 'of E Mendocino, State of California. FE r Y} Filed for record at the requeat of Mendooino County Title Company Nov. 12, A.D. 1935 at. 41 I .x.4.uP. T~ minutes peat 10 A.M. In Book 104 of Official Records„ page 110 at sou., Records of County w •'`;~i} of Mendocino. 4 I No few A. J. ObAlfent, 4 , . 8609 compared AJO/AB County Recorder. .c, THIS IND19t4`11RE made the 8th day /March er, one the and nine hundred and thirty five A between UAVAL TADLOCK and MAUD TADIACfe, the ties of the first part, and CITY OF r... € UKIAH, a municipal corporation, the phe Be part,,^. W;TNSSSETH: That the said parte fi t part in consideration of the sue Of One Dollars, lawful money of the Unit•o America to then in hand of the second paid by the partyr part, the receipt wherey acknowledged, do hereby release and forever quitalaln unto the party of the accornd to its successors and assigns, all that ear- Lain lot !place or parcel of land sithe County of Mendoalao, State of California, and Fc^'* bounded and described as follows, to-j acing the premtiaea described in send dated Marsh 3rd lass fmmt Joel J. Mendenhall and Orate Mendenhall, his wife, to S. , Hyden and Hattie Hydsa, "which said deed was recorded March 11th 1958 in the office o he County Recorder of the County of Mendocino, State of CeLifornta, in book 80 of Offs al Records, at . , pegs 368 and following pages thereof; the { description"in said died is raby made a part'hereor by reference. i TOGBTH-:A with the ten nts,hereditsmenta and appurtenances thereunto belonging or ap- k pertaikng, and the never on and reversions, remainder and remainders, rents, issues and pro- 't' ( fits thereof. Y T0:HAV3 AND TO -W)Mthe said premises, togethar with the appurtenances unto the party of f; < the second part., and its successors and assigns fbraver. IN i IN 71iINlSs OF9 the parties of the fi>!at part have hereunto set their hands the day and, year fir at ob written. a•=': signed and Doll din the presence of ) Orval Tadlock - - ) Vaud Tadlook STATE OF CALI RNIA ) County of Mend ct ) ss no ' On title btu day of November, in the year one thousand nine hundred and 35 beibro me i IRVING M. BBAZM a rotary Fubiic in and for the County of U.endocino, personally appeared L7 ~ ParcelQuest by CD-DATA Property Detail Mendocino; CA MARSHA WHARFF, ASSESSOR Parcel # (APN): 001-090-02 Use Description: . Parcel Status: OTHER Owner Name: UKIAH CITY OF Mailing Address: Situs Address: CA Legal Description: ASSESSMENT Total Value: Use Code: 079 R1 Zoning: Land Value: Tax Rate Area: 003001 Impr Value: Year Assd: 2004 Improve Type: Other Value: Property Tax: Price/SgFt: % Improved Delinquent Yr Exempt Amt: HO Exempt?: N SALES HISTORY Sale 1 Sale 2 Sale 3 Transfer Recording Date: 00/00/2000 00/00/2000 Recorded Doc 000 000 Recorded Doc Type: Transfer Amount: Sale 1 Seller (Grantor): 1st Trst Dd Amt: Code1: 2nd Trst Dd Amt: Code2: PROPERTY CHARACTERISTICS Lot Acres: 7.450 Year Built: Fireplace: Lot SgFt: 324,521 Effective Yr: A/C: Bldg/Liv Area: Heating: Units: Total Rooms: Pool: Buildings: Bedrooms: Stories: Baths (Full): Park Type: Style: Baths (Half): Spaces: Construct: Site Infince: Quality: Garage SgFt: Building Class: Timber Preserve: Condition: Ag Preserve: Other Rooms: The information provided here is deemed reliable, but is not guaranteed.