HomeMy WebLinkAbout1990-04-10; City Council; 10580; Approval of Operating and Maintenance Agreement State of California Department of Parks and Recreation" . L bI I r bnnLamnv - nurNv ILL '. \
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AB# 1u!h%0 TITLE: APPROVAL OF AN OPERATING AND
MTG. 4/10/90 MAINTENANCE AGREEMENT WITH THE
STATE OF CALIFORNIA, DEPARTMENT
OF PARKS AND RECREATION DEPT, ENG : MP
DEPT. ~
CITY A
CITY Iv I I I
RECOMMENDED ACTION:
Adopt Resolution No.2o-B approving an operating and maintenar
agreement with the State of California, Department of Parks a
Recreation, for the Carlsbad Streetscape, Phase IV, the Oce
Street Sculpture Park.
ITEM EXPLANATION:
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On February 6, 1990, the City Council acting as the Carlsk Housing and Redevelopment Commission adopted Resolution No. 3 approving an operating and maintenance agreement with the State California, Department of Parks and Recreation, for the Carlsk Streetscape, Phase IV, the Ocean Street Sculpture Park. !I agreement was drafted with the understanding that the Carlsk
Housing and Redevelopment Commission would be entering into t
agreement with the State of California for the City's operation i
Phase IV portion of the Downtown Streetscape Program. The proper in question is physically located within the boundaries of t City's Redevelopment Agency. State Parks Headquarters Sacramento has recently notified the City that they would r prefer to have the agreement executed by the City of Carlsbad E not the Carlsbad Housing and Redevelopment Commission. '1 rationale provided by State Parks is that the potential exist although remote, for a Redevelopment Agency's discontinuation a legal entity during the twenty (20) year term of the agreemer Therefore, State Parks would prefer the agreement be executed the City of Carlsbad.
In consultation with the City Attorney's office, staff recomme~ the City Council approve the attached agreement which is requil for the Phase IV development of the Streetscape Program.
No formal action is required by the Carlsbad Housing i
Redevelopment Commission to revoke its previous approval of I agreement since this agreement becomes effective only upon 1
execution of the documents by State Parks which will not occur<
maintenance of the State-owned property required to develop t
7 I FISCAL IMPACT:
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The 1989-90 Capital Improvement Program budget includes fund: from the Public Facilities Fee fund for the construction of
traffic signal at the corner of Pine Avenue and Carlsbad Boulevi
which will be constructed as an element of the Streetscape Phi IV Project. The funding of the Streetscape Phase IV Project
included in the proceeds of the Redevelopment Agency's :
Allocation Bond program previously authorized.
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Page 2 of Agenda Bill No. rD,S?'O
Execution of the maintenance and operating agreement with Sta
Parks will require a minor increase in annual park maintenar expenditures. The City of Carlsbad's Parks and Recreati Department will assume responsibility for maintenance of the Oce
Street Sculpture Park.
EXHIBITS :
1. Location map.
2. Resolution No. 90?/ approving an operating and maintenaz
agreement with the State of California, Department of Parks z
Recreation.
3. State Parks/City of Carlsbad agreement.
B AREA TO BE IMPROVED
STREETSCAPE PHASE IV I 1 I
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RESOLUTION NO. 90-99
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN OPERATING AND MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION FOR THE DEVELOPMENT OF THE PHASE IV, DOWNTOWN
STREETSCAPE PROGRAM
WHEREAS, the City Council of the City of Carlsba
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the State of California; and 9
construct Phase IV of the Streetscape Program on property owr 8
determined it necessary, desirable, and in the public intere
LO WHEREAS, the State of California has offered the Cil
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finds it necessary, desirable and in the public interest to e 14
WHEREAS, the City Council of the City of Carlsbad k 13
and benefit: and 12
rights to construct the improvements on State land for publi
15 responsibility for the operation and maintenance of said prc
16 for continued public safety and benefit.
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1. That the above recitations are true and correct. 18
NOW, THEREFORE, BE IT RESOLVED as follows:
19 2. That the operating and maintenance agreement betwet
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3. That following the execution of said agreement, thc 23
authorized and directed to execute said agreement. 22
and Recreation, is hereby approved and the Mayor and City Cle: 21
City of Carlsbad and the State of California, Department of
24 Clerk is authorized and directed to forward the six (6) cop:
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Resolution to the State of California, Department of Parks i 26
the agreement with original signatures and a copy of
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Recreation and the California Department of General Services. 4
subsequent execution by the California Department of Park: 3
2680 Carlsbad Boulevard, Carlsbad, California 92008, 2
Recreation, attention William V. Fait, District Superintent
5 City Clerk is also authorized and directed to forward a copy c
6 executed agreement and Resolution to the Municipal Prc
7 Department.
8 PASSED, APPROVED AND ADOPTED at a regular meeting c
9 Carlsbad City Council held on the 10th day of Apfi 1 I
10 by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and
NOES! None
1z li ARSRNT : None
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18 ALETHA L. RAUTENKRANZ, CitylClerk
ATTEST :
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OPERATING AGREEMENT
CARLSBAD STATE BEACH
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COURT PAPER STATE OF CALIFORNIA STD. 113 IREV. 8.721
85 34769
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1. 2.
3. 4. 5.
6.
7. 8.
9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19.
21 . 22. 23. 24. 25. 26. 27. 28. 29.
20.
Premises .............................
Use ...............................
Term ............................... Consideration .eD**eeeeeeB.e*ee*eea.ee*o Construction ........................... Ownership of Improvements .................... Maintenance of Obligations of City ................ Concessions ........................... Revenues ............................. Records and Accounts ....................... Beach Erosion Control and Protection Work ............ Eminent Domain Proceedings .................... Utilities ............................
Public Liability Insurance ..................... Hold Harmless Agreement ..................... Prohibitions Against City Assigning, Subletting ......... Defaults and Remedies ...................... Notices ............................. Termination ...........................
Nondiscrimination ........................ Limitation ............................ Paragraph Titles ......................... Agreement in Counterparts .................... Agreement in Writing ....................... Inspection. ........................... Successors in Interest ...................... Partial Invalidity ........................ Waiver of Rights ......................... Signatures. ........................... Exhibits. ........................... I
Real Property Acquisition ....................
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C. 1 :: OPERATING AGREEMENT
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3 i! CARLSBAD STATE BEACH
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!! 4 !I il 5 jj THIS OPERATING AGREEMENT (Agreement), made and entered into f
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6th day of February 1990, by and between STATE OF CALIFORNIA, acting tt
the Department of Parks and Recreation, hereinafter referred to as "ST!
and the City of Carl sbad hereinafter referred to as "CITY", without re!
number and gender.
WITNESSETH
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A. Pursuant to the provisions of Section 5080.30, et seq.,
Public Resources Code of the State of California, STATE may enter into
operating agreement with subdivisions of the State of California for t
devel opment and operation of lands under the jurisdiction of STATE for
purpose of the State Park System.
B. STATE has acquired for park and recreational purposes c
/I 19 i: real property known as "Carl sbad State Beach as identified in Exhibit
20 ; attached. These park properties are located within the City of Carl sb
21 I the County of San Diego.
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23 ii C. STATE and CITY desire to enter into an Agreement to pro
24 il the development, operation, control , and maintenance of a part of Carl
25 I/ State Beach by the City of Carl sbad as identified on Exhi bit "A". /I
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COURT PAPER
STATE OF CALIFORNIA STD. 113 (REV. 8-72) ' i
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A' /i 1 Ij NOW, THEREFORE, in considerati on of the mutual covenants herein
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2 ii contained, the parties hereto do hereby covenant and agree as follows:
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4 I/ 1. PREMISES: STATE authorizes CITY to develop, operate, cont
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5 11 and maintain a portion of Carlsbad State Beach, as shown on Exhibit "A"
6 ;/ il attached, and hereby made a part hereof. STATE shall not be 1 iable for a
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7 !I '' costs of development, maintenance, control, or operation of the premises.
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g ii 2. USE: CITY agrees to develop, operate, control, and mainta
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lo jl the premises as public recreational beach/park facilities to be accessibl
l1 ij subject to the use and enjoyment of the general public. Such development
12 ji operation of the premises shall be conducted in accordance with the apprc
13 :i State General P1 an for Carl sbad State Beach adopted November 1983 and al'
14 I! applicable federal, state, and local government statutes, 1 aws, and
15 il regulations. Copies of said General Plans are on file at the San Diego i
16 jl District Office, 2680 Carlsbad Boulevard, Carlsbad, CA 92008.
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!! 18 ;I Should the CITY propose developnents or operations not authori;
! l9 ;j under the current Carl sbad State Beach general plan, CITY may prepare an
z0 ii amendment to said plan, pursuant to Public Resources Code Section 5080.3
21 ,/ which amendment shall be submitted to and approved by the Cal ifornia Sta
22 : Park and Recreation Commission.
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24 /I CITY may adopt rules and regulations for the use and enjoyment
25 ;I the premises. Any such rules and regulations adopted by CITY shall conf
26 ii and be consistent witK the rules and regulations adopted by STATE and
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COURT PAPER 3 STATE OF CALIFORNIA 'i STD. 113 IREV. 8.721 ji /I
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i! 1 ij li generally applicable to the State Park System, including said property.
2 ji premises shall not be used for any other purpose than those herein descr-
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3. TERM: The term of this Agreement shall be twenty (20) yei -
I 5 i and shall commence on April 1 , 1990 and end on June 30, 2009.
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7 ;/ CITY shall have the option to extend the term of this Agreemen*
8 I an additional twenty (20) year period subject to approval of STATE.
9 ;; Notification of said exercise of option shall be submitted to STATE in w !I
!i I 10 il at least 18 months prior to the termination date of this Agreement.
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12 jl 4, CONSIDERATION: In consideration of the services to be
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13 '1 performed by CITY pursuant to this Agreement, i .e. , development, care,
14 j; maintenance, operation, and control of subject premises, STATE hereby
15 jj authorizes the use of the said premises by CITY on a rent-free basis on
16 I/ condition that CITY exert a good faith effort in performing the services
17 /1 identified in this paragraph. In the event. that CITY fails to perform i
18 :j faith, such services for the benefit, use, and enjoyment for the general
19 ;I public, this beach park unit identified in Exhibit "A" shall revert back
20 I; the STATE.
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COURT PAPER
STD. 113 (REV. 8-72] STATE OF CALIFORNIA
85 34769
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5. CONSTRUCTION: CITY, at no cost or expense to STATE, may
undertake new development, construction, or improvements to enhance pub1
recreational facilities at this park unit. Such development, construct
improvements shall be in accordance with the State General Plan for Car'
State Beach. A1 1 pl ans and specifications for improvement and devel opm
shall be approved by STATE to ensure that such plans comply with STATE'
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iI i. e 0 .. 11: requirements. No such improvement or development including beach erosi
2 li control and protection, shall be commenced by CITY'S own forces or by i
3 11 contractors without prior written STATE approval of such plans and
4 /I specifications. STATE agrees to communicate its approval or di sapprova
5 11 such plans and specifications, in writing, within forty five (45) days
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6 /j (i receipt of same (disapproval s shall be accompanied with written expl ana
7 i reasons for such disapproval 1. STATE, however, agrees not to unreasona
8 ;I withhold said approval, and if STATE fails to so approve or specify cha
g 11 then approval is deemed to be given at the end of the forty five (45 1 c
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12 I/ /I 6. OWNERSHIP OF IMPROVEMENTS: Upon termination of this Agr
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13 ,j pursuant to any provisions under Paragraph 19 (TERMINATION), a1 1 improl I!
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14 il constructed shall become part of the realty and title to said improvemc
15 /i shall vest in STATE. For all improvements erected on the premises by (
16 11 Notice of Completion shall be filed with the STATE.
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18 11 Notwithstanding the above, art park elements consisting of at
19 !l sculpture shall remain the property of the CITY and at the time of exp'
20 ii or termination of the operating agreement may be removed or relocated (
21 11 State propety .
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7. MAINTENANCE OBLIGATIONS OF CITY: During the term of th.
Agreement, CITY at no cost or expense to STATE shall provide for upkeel
maintenance of the premises in a safe, good condition, and in substant'
repair, and all improvements of any kind which may be erected, install1
placed thereon. During the term of this agreement it shall be CITY 'S
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STD. 113 (REV. 8-721 '' STATE OF CALIFORNIA :
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1 /i responsibility to ensure that the premises are maintained in such a leve
2 :: standard of condition and. repair as other city park and beach facil i ti es li
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41 8. CONCESSIONS: Subject to prior approval in writing by STP
5 jj CITY may grant concessions in or upon the premises consistent with the
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6j I requi rements of. the STATE under Section 5080.33 and 5080.34 of the Publ i
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7 /j ' Resources Code. All concession contracts shall be subject to the requir
8 /1 of the Publ ic Resources Code Section 5080.20. No concessi on shall be gr
9 11 by CITY which will exploit public lands for comnercial purposes. , il 10 11
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9. REVENUES: Any income to CITY derived from its control a1
12 I.1 I /j operation of premises for services, benefits, or accommodation to the gr
13 j/ public shall strictly be used for operation and maintenance expenses of
14 ji premises. Any such portion of income as may exceed costs and expenses 1
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I /I be uti1 ized for the benefit of the premises. I!5 lj
17 /j - 10. RECORDS AND ACCOUNTS: CITY shall , at a1 1 times during t'
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18 ji of this Agreement, keep separate, true and complete books, records, and
19 ij accounts of a1 1 income and fees received and a1 1 expenditures made by C
20 11 relation to concessions, special services, and all other matters incide
21 ij the development, control , and operation of the premises. CITY shall re
22 I/ said income and expenditures to STATE on an annual basis, which annual
23 11 shall be submitted for the period commencing July 1 st and ending June 3
24 ..1 each reporting year, and shall be filed with STATE not later than the
25 ji following September 30th. Said report shall include a reasonable week1
26 '1 estimate of the number of visi tors to the area, as well as the number c
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COURT PAPER
STD. 113 (REV. 8.72) i STATE OF CALIFORNIA 'j
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The books, records, and accounts kept by CITY applying to the
gperation of the premisesj shall at a1 1 reasonable times be open for audi
inspection by STATE.
The annual report required by this clause shall be delivered tc
STATE at the address set forth in Paragraph 18 (NOTICES).
11. BEACH EROSION CONTROL AND PROTECTION WORK: Any developme
beach erosion control , or protection work which may be undertaken by STA
the United States of America, a1 ong or on the premises, in the manner pr
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by law or under the rules of STATE, shall not, in any way be construed a
constituting a termination of this Agreement or in any way affecting sam
STATE shall have the right to enter into agreements for such w
during the term hereof and to go upon the premises or to authorize any p
firm, or corporation to go upon the premises for the purposes of such
construction, beach erosion control, or protection work, or the doing of
18 'j public work for the improvement or development of the premises, provide(
19 :j STATE except for emergency repair, shall give CITY three (3) months pric
20 'i written notice of i'ts intention to do any of the work herein mentioned.
21 ;j shall be given the opportunity to review and comment on plans and
22 ij specifications before such work is undertaken. STATE agrees to repair,
23 i/ sole cost and expense, any damage to CITY'S improvements caused by such
24 // hereinabove described work.
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26 j/ 12. EMINENT DOMAIN PROCEEDINGS: If the premises or any port
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s-rAmz OF CALIFORNIA STD. 113 (REV. 6-72) ,I
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., 1 1; entire award for such taking except that CITY shall receive out of said ar
2 1 the fair market value of any improvements then existing .and constructed b!
3 j, i/ CITY, except for: (a) improvements erected with funds realized through il
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4 1 from the premises, and (b) improvements the costs of which CITY has been 1
5 ,' or reimbursed by STATE through grants or other sources. Fair market valuc
6 1' shall be determined by said proceedings taking into consideration the terr
7 ii this Agreement.
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91 13. UTILITIES: CITY shall be responsible for all uti1 ity char
10 /j supplied to the premises.
11 1 j 12 jj 14. PUBLIC LI-ABILITY INSURANCE: CITY agrees, at its sole expe
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13 i/ to maintain in force during the term of this Agreement comprehensive gene
14 'I liability insurance, insuring against claims for injuries to persons or
15 /I property occurring in, upon, or about premises. Said insurance shall hau
16 j/ limits of not less than $500,000 and $1,000,000 for injuries to person 01
17 I! persons, respectively; not less than $150,000 for property damage; and Si
18 11 limits shall be adjusted annually to reflect changes in the prior year's
19 11 Consumer Price Index (CPI) for Los Angel es - Anaheim - Riverside (all url
20 1; consumers - a1 1 items) , promulgated by the Bureau of Labor Statistics of
21 jj U.S. Department of Labor. STATE agrees that CITY, at CITY'S option, may
22 // sel f-insure the coverages required by this Paragraph 14 (PUBLIC LLABILIT
23 ;/ INSURANCE).
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25 !/ 15. HOLD HARMLESS AGREEMENT: CITY shall indemnify, hold harm
26 j/ and defend STATE, its officers, agents, and employees against any and a1
27 11 claims, demands, damages, costs, expenses, or liability costs arising ou
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COURT PAPER STATE OF CALIFORNIA ' STD. 113 (REV. 8-72) j
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.. I jj the development, operation, or maintenance of the property by CITY descri
2 i/ herein which claims, demands, or causes of action arise under Government
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31 Section 895.2 or otherwise, except for liability arising out of the concu I/
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4 1 or sol e negl i gence, or deliberate act of STATE, its officers, agents , or jl
5 /I employees.
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I; 7 j/ In the event STATE is named as co-defendant in a legal action, jl
8 j; the provisions of the Government Code Section 81 0 et seq. , and CITY is sc
9 !I with process of such legal action, then CITY shall immediately notify ST/
LO 11 such fact and shall represent STATE in such legal action as provided here
11 I/ unless STATE undertakes to represent itself as co-defendant in such 1 ega'
12 ;j action, in which event STATE shall bear its own litigation costs, expensc
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and attorney's fees.
In the event CITY is named as co-defendant in a 1 egal action, I
the provisions of the Government Code Section 81 0 et seq. , and STATE is
with process of such 1 egal action, then STATE shall immediately notify C
such fact and shall represent CITY in such legal action unless CITY unde
to represent itself as co-defendant in such 1 egal action, in which event
shall 'bear its own 1 i tigation costs , expenses , and attorney' s fees.
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In the event judgment is entered against STATE and CITY becaus
23 /I the concurrent negligence of STAT€ and CITY, their officers, agents, or
employees, an apportionment of liability to pay such judgment shall be r
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24 ;I 25 ij a court of competent jurisdiction. Neither party shall request a jury
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26 I; apporti onment.
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! COURT PAPER STATE OF CALIFORNIA :' STD. 113 (REV. 8-721 ;!
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1 11 16. PROHIBITIONS AGAINST CITY ASSIGNING, SUBLETTING: This
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2 ij Agreement shall not, nor shall any interest therein or thereunder be assi
3 11 delegated, mortgaged, hypothecated, or transferred ei ther by CITY 1 et or
sublet, or grant any 1 icenses or permits with respect to the use and occl
5 il of the premises or any portion thereof, without obtaining the prior writ1
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6 :I 1 consent of STATE which shall not be unreasonably withheld. This paragral
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7 11 does not apply to the provisions of Paragraph 7 (MAINTENANCE OBLIGATIONS
8 I/ CITY) and Paragraph 8 (CONCESSIONS) above.
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10 17. DEFAULTS AND REMEDIES: Either party may terminate this It 11 // Agreement for breach by the other party upon giving the other party writ'
12 ji notice at least sixty (60) days prior to said termination date.
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l4 I In the event of any breach of this Agreement by STATE, CITY shl
15 i notify STATE in writing of such breach, and STATE shall have thirty (30)
16 I/ ,I in which to initiate action to cure said breach. ti I'
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18 Ij In the event of any breach of this Agreement by CITY, STATE sh
19 [/ notify CITY in writing of said breach, and CITY shall have thirty (30) d
20 ii which to initiate action to cure said breach.
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23 /I be addressed as set forth below or as either party may hereafter designa
24 1 written notice and shall be personally delivered or sent through the Uni
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18. NOTICES: A1 1 written notices pursuant to thi s Agreement il
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I! COURT PAPER I/
STD. 113 (REV. 8-721
STATE OF CALIFORNIA i!
a5 34769
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1. /I e I/ 0 .. li 1 jl STATE: State of California
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!! Department of Parks and Recreation
3 '1 Concession Programs Division
4i P.O. Box 942896
5j Sacramento, CA 94296-0001
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7ji I With Copy to:
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91 I Southern Region Headquarters
10 jj . 1333 Camino Del Ri o South, Sui te 200
11 1 San Diego, CA 921 08
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CITY: City Manager
City of Carl sbad
'1200 Elm Avenue
Carl sbad, CA 92008-1982 16 l5 !I il 11
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18 ii 19. TERMINATION: Notwithstanding the provisions of Paragra] ,
1.9 /I (DEFAULTS AND REMEDIES) either party may terminate this Agreement for l
20 1; reason. The party who wishes to terminate the Agreement shall give wr'
21 jj notice of its intention no later than three hundred and sixty five (36
22 I/ before the scheduled termination date. Such notice shall be given in
23 1 and shall be effective on the date given in the notice as the schedule
24 ; for the termination of the Agreement. In the event that the STATE is
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#I 25 1: party choosing to terminate the Agreement, the STATE shall pay to CITY
26 jl termination date a sum of money equal to the depreciated cost of the
27 i improvements installed or constructed upon the premises by the CITY wi
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COURT PAPER
STATE OF CALlFORNlA 'j STD. I 13 (REV. 8-72 b i I/ 85 34769 I 1 10
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.A 1 jj fol lowing exceptions, (a) improvements erected wi th funds realized throb
2 j; income from the premises, and (b) improvements the cost of which CITY hi
3 !/ paid or reimbursed by STATE, through grants or other sources.
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5 (j Depreciated costs shall be computed in the following manner:
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,' I il 7 :/ A. Upon completion of improvements, or within sixty (60) daj
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8 ~j opening for public use, whichever is later, CITY will submit verified cc
9 !I statements accompanied by substantiating invoices and bill s of 1 abor,
10 // material, or any other reasonable construction costs, to STATE. These (
11 ii plus such future construction costs when expended shall represent the CI
12 jj improvements.
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14 ii B. The cost of improvements shall be depreciated on a strai!
15 1 1 ine basis over twenty (20) year 1 ife. The depreciated cost shall be
16 Ii 1 determined by dividing the cost of improvements by two hundred forty (21
17 /I months and mu1 tiplying the results by the. number of whole months remain
18 !I the term of the Agreement at the scheduled termination date.
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21 ii as the funds required for such termination and reimbursement have been ;j
22 i/ obtained through appropriations by the Legis1 ature and through the norm Jl 23 ji budgeting process of the STATE.
!I C. STATE may not commence termination proceedings until suc
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It is expressly understood that the above-described reimburse
26 11 provisions are not applicable where STATE terminates this Agreement for
27 j/ breach on the part of CITY. ;I
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COURT PAPER STATE OF CALIFORNIA !! j;
STD. 113 IREV. 8-721 11
a5 34769 I
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i! 1 !I In the event of breach, bankruptcy, insolvency, abandonment, a
2 1; termination of Agreement upon CITY'S request, the above-descri bed
3 ji reimbursement provision shall not apply and shall not be considered an
4 11 obligation of the STATE.
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6 '1 1, 20. REAL PROPERTY ACQUISITION: It is understood and agreed t
7 11 parties hereto, that all applications for real property rights, appurter Ii
8 [ the real properties herein described, shall be made in the name of and (
9 1 behalf of STATE, and shall be subject to the prior approval in writing ( I I
10 1 STATE. I/ 11 jJ 11 12 i: j/ 21. NONDISCRIMINATION: Pursuant to Public Resources Code
13 j: I[ Section 5080.34, this Agreement prohibits, and every contract on lands *
14 ji are subject to this Agreement shall expressly prohibit, discrimination i
15 ~ any person because of race, cofor, religion, sex, marital status, natiol
16 j! origin, or ancestry of that person. Attached Standard Form 17A is
17 i, /j incorporated herein.
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19 i; 22. LIMITATION: This Agreement is subject to all valid and
20 I: existing contracts , leases, 1 icenses, encumbrances, and claims of title
21 j may affect premises.
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23 11 23. PARAGRAPH TITLES: The paragraph titles in this Agreemen
24,.i inserted only as a matter of convenience and for reference, and in no w8 I ~ I 25 I/ define, 1 imit, or describe the scope or intent of this Agreement or in
26 i; affect this Agreement.
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COURT PAPEP. STATE OF CALIFORNIA 'I
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STD. 113 IREV. 6-72) '1
a5 3769 ;I 12 I
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. i .' :j 1 ;; 24. AGREEMENT IN COUNTERPARTS: This Agreement is executed in
2 /i counterparts each of which shall be deemed an original . !! I' I4 3 I;/ 1, 1, ii
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4 11 25. AGREEMENT IN WRITING: This Agreement contains and embraci
5 I/ entire Agreement between the parties hereto and neither it nor any part (
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6 I/ may be changed, a1 tered, modified, limited, or extended orally, or by an:
7 11 Agreement between the parties unless such Agreement be expressed in writ
8 I si gned, and acknowledged by the STATE and CITY, or their successors in
9 ii interest.
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11 11 11 26. INSPECTION: STATE or its authorized representative shall
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12 ij the right at all reasonable times to inspect the premises to determine i
13 'i provisions of thi s Agreement are being compl ied with.
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ij :I 15 /I 27. SUCCESSORS IN INTEREST: Unless otherwise provided in thi
16 I/ Agreement, the terms, covenants, and conditions contained herein shall a
17 11 to and bind the heirs, successors, executors, administrators, and assign
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18 ! all the parties hereto, a1 1 of whom shall be jointly and several ly 1 iabl
19 i, hereunder.
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21 I! 28. PARTIAL INVALIDITY: If any term, covenant, condition, or
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22 'i provision of this Agreement is he1 d by a court of competent jurisdiction
23 11 invalid, void, or unenforceable, the remainder of the provisions hereof
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il 24 /I remain in full force and effect and shall in no way be affected, impaire li
25 ji invalidated thereby. !I
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COURT PAPER
STATE OF CALIFORNIA I
STD. 113 (REV. 8-72) i
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85 34769 I! I 13
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COURT PAPER
STATE OF CALIFORNIA STD. 113 (REV. 8.721
85 34769
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29. WAIVER OF RIGHTS: The failure of STATE or CITY to insist
strict performance of any .of the terms, conditions, and covenants in thi:
Agreement shall not be deemed a waiver of any right or remedy that STATE
CITY may have, and shall not be deemed a waiver of any right or remedy f 1
subsequent breach or default of the terms, conditions, and covenants her1
contained.
IN WITNESS WHEREOF, the parties have executed this Agreement ti
and year first above written.
CITY OF CARLSBAD MAY0 R STATE OF CALIFORNIA DEPARTMENT OF PARKS AND REC
BY BY
CLAUDE A. LEWIS, Mayor
CITY ATTORNEY DEPARTMENT OF GENERAL SERVI
BY BY
RONALD R. BALL., .AssLstant
City Attorney
CITY CLERK
Attest
ALETHA L. RAUTENKRANZ,
City Clerk
0-8232X
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NONDISCRIMINATION CIAUSE
(OCP - I)
1, During the performance of this contract; contractor and' its subcontractors sha2.1 not unlawfu1ly.discriminate awinst any employee or applicant for employment because of race, reli- gion, color, national ori in, ancestry, physical handicap, medical condition, morita 9 status, age (over 40) or sex, Contractors and subcontractors shall insure that the evalua- tion and treatment of their employees and applicants for ern loment are free of such discriminationl Contractors and su E contractors shall comply with the provisions of the Fair
et seg,) and the applicable regulations promulgated therzunder (Calirornia Administrative Code, Title 2, Section 7285,O et seqJ I The applicable regulations of the Fair Employment and Housing Commission irn lerrrtnting Government Code, Section 2990, set forth in Chapter E of Division 4 of Title 2 of the Ca i i- fornia Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full., Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have Q collective bargaining or other agreement.
Employment and Housing Act (Government Code, Section 12900
2, This contractor shali include the nondiscrimination and corm- pl.iance provisions of this clause in all subcontracts to perfor work under the contract]
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STD. 17A (NE'% 5-83)