HomeMy WebLinkAbout1990-02-06; Housing & Redevelopment Commission; 148; Operating Agreement with StateHOUSING AND,SEDEVELO’PMENT COMMIS-‘3N - AGENDA&ti? &
APPROVAL OF AN OPERATING AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION
RECOMMENDED ACTION:
Adopt Resolution No. /6/ approving an operating and maintenance agreement with the State of California Department of Parks and Recreation for Carlsbad Streetscape, Phase IV, the Ocean Street Sculpture -Park.
I ITEM EXPLANATION:
On June 6, 1988, the Commission approved additional design expenditures to complete plans for the construction of a large public fountain and sculpture piece at the corner of Ocean Street and Carlsbad Boulevard. Additionally, this project includes substantial Streetscape frontage improvements along Carlsbad Boulevard at Ocean Street, the closure of Ocean Street, and the creation of parking facilities. The site in question is owned by the State of California and operated by the State Department of Parks and Recreation. The attached Operating Agreement with State Parks gives the City the right to construct Streetscape, Phase IV, improvements on State property. In return, the City accepts certain liability and responsibility for maintaining the improvements.
The Phase IV improvements were designed by Austin-Hansen-Fehlman Incorporated in association with Church Engineering, Incorporated. The sculpture piece itself is designed by New York artist Andrea Blum. Her work consists of bold walls of textured concrete in earth tone colors and tall steel trellises. The sculpture is reflected from below by two (2) pools of water. A central walkway through the sculpture allows people to stop and sit at one of several benches, and enjoy the sculpture's dramatic angles. The metal and concrete work is balanced by beds of colorful sea fig bushes. Backlighting is provided to make the sculpturels artistic impact equally effective at night.
The other improvements to be constructed in Phase IV of the Streetscape program are located entirely within City owned right- of-way and, therefore, not included in the State Operating Agreement. These additional improvements include:
1. Ocean Street Parking Lot
The sculpture area will be constructed adjacent to Ocean Street at Carlsbad Boulevard. Through traffic on Ocean Street can reach Carlsbad Boulevard by Oak Avenue. Perpendicular parking stalls will be painted on both sides of the remainder of Ocean Street between the sculpture piece and Oak Avenue. -A sufficient number of new parking stalls will be provided on Ocean Street
I to replace the spaces lost by the construction of the sculpture.
Page 2 of Agenda Bill No. /4f
2. Carlsbad Boulevard Median
The left-turn pocket in Carlsbad Boulevard that turns into Ocean Street will be replaced with a landscaped raised median. The new median section will match the existing median to the south and the median to the north under construction with the Streetscape Phase II improvements. A median break will be provided for left turns between Pine Avenue and Carlsbad Boulevard.
3. Traffic Signal at Carlsbad Boulevard and Pine Avenue
The.four-way intersection of Carlsbad Boulevard, Ocean Street and Pine Avenue is difficult for both motorists and pedestrians to negotiate. The skewed approach angle of Ocean Street makes it difficult to design a traffic signal that can both safely allow turning movements from the side streets and keep through traffic moving well on Carlsbad Boulevard. Closure of Ocean Street at Carlsbad Boulevard leaves a T-intersection that can be controlled by a traffic signal with minimal waiting time. The traffic signal at Pine Avenue and Carlsbad Boulevard will be constructed as a part of the Phase IV Streetscape improvements.
If the Commission approves the Operating Agreement, staff will request authorization to advertise for bids in the near future. Construction is tentatively scheduled to begin in the late Spring or early Summer of 1990 and require approximately five (5) months to complete.
Staff requests the Commission's approval of the Operating Agreement.
FISCAL.IMPACT:
The 1989-90 CIP included Public Facilities Fee funding for a traffic signal at the corner of Pine Avenue and Carlsbad Boulevard. The funding of the Streetscape Phase IV construction project is included in the proceeds of the Tax Allocation Bond program previously approved.
Execution of the Operating Agreement and construction of the Phase IV Streetscape improvements will require a small increase in annual park maintenance expenditures. The City of Carlsbad Parks and Recreation Department will assume the State of California Parks and Recreation Department's responsibility for the Ocean Street and Carlsbad Boulevard triangle.
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EXHIBITS:
1. Location map.
2. Resolution No. approving an Operating Agreement with the /d/ State of California, Department of Parks and Recreation.
3. Operating Agreement
4. Letter from State Parks and Recreation Superintendent.
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LOCATION MAP
LEGEND
AREA TO BE IMPROVED
v ‘ROJECT NAME PROJECT # EXHIBIT
STREETSCAPE PHASE IV 3288 1
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RESOLUTION NO. 161
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN OPERATING AGREEMENT FOR THE CONSTRUCTION OF PHASE IV OF THE CARLSBAD STREETSCAPE PROGRAM, PROJECT NO. 3288
WHEREAS, the Housing and Redevelopment Commission of the City
of Carlsbad, California, has determined it necessary, desirable,
and in the public interest to construct Streetscape improvements
on property owned by the State of California; and
WHEREAS, the State of California has offered the City the
right to construct improvements on State land for public benefit:
and
WHEREAS, the City thereby assumes the responsibility to
maintain said improvements for continued public safety and benefit.
NOW, THEREFORE, BE IT RESOLVED, by the Housing and
Redevelopment Commission of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the Operating Agreement between the Carlsbad Housing
and Redevelopment Commission and the State of California is hereby
approved and the Commission Chairman is hereby authorized to
execute said agreement.
3. Following the execution of the agreement by the Chairman,
the City Clerk is authorized and directed to forward six (6)
original copies to the local office of the California Department
of Parks and Recreation, attention William Fait, 2680 Carlsbad
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Boulevard, Carlsbad, California, 92008, for subsequent execution
by the California Department of General Services and Parks and
Recreation.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad Housing and Redevelopment Commission held on the 6th day
of February I
1990, by the following vote, to wit:
AYES: Commissioners Lewis, Kulchin, Pettine, Mamaux and Pettine
NOES: None
ABSENT: None
(SEAL)
1, EXHIWw ,: I STATE cX= CLUIkORNIA--THE RESSbURC~ A--“lCY GEORGE Di%KMEJIAN, Gam-mr
DEPARTMENT OF PARKS AND RECREATION San Diego Coast District
2@0 Carlsbad Boulevard
Carlsbad, CA 92008
(619) 729-8947
January 23, 1990
City af Carlsbad - 2075 Las Palmas Drive Carlsbad, CA 92009-4859
Dear John,
Attached are 6 copies of a retised operationg agreement between tie State and the Carlsbad Housing and Redevelopment Comission. Changes have been made as requested in your letter of January 18, 1990.
Please return the original ami five copies to me for- fox-war-g to Sacramnto with a City Council resolution approtig t&s action.
State Parks has retiewed the plz& for the Ocean Street Sculpture Park, project
i+ 3288, Drawing No. 291-2 ad finds these plans to be co!zpatible with the earls- bad State Beach General Plan. No auuuendment to the General Plan will be reqtired
to implement this project.
Please contact me if you hare questions.
William-V. Fait, District Superintendent
San Diego Coast District
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COURT PAPER STATE OF CALIFORNII\ STD 113 (REV 8.721
Paragraph
OPERATING AGREEMENT
CARLSBAD STATE BEACH
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2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.
18.
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22. 23. 24. 25. 26. 27. 28. 29.
Premises ................. Use ................... Term ................... Consideration ..............
Construction ............... Ownership of Improvements ........
Maintenance of Obligations of Commission . Concessions ............... Revenues ................. Records-and Accounts:. .......... Beach Erosion Control and Protection Work Eminent Domain Proceedings ........
Utilities ................ Public Liability Insurance ........
Hold Harmless Agreement .........
Prohibitions Against Commission Assigning,
Defaults and Remedies. ..........
Notices ................. Termination. ...............
Real Property Acquisition. ........
Nondescrimination. ............
Limitation ................
Paragraph Titles .............
Agreement in Counterpar.ts. ........
Agreement in Writing ...........
Inspection ................ Successors in Interest ..........
Partial Invalidity ............
Waiver of Rights .............
Signatures ................ Exhibits .................
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1 OPERATING AGREEMENT
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THIS OPERATING AGREEMENT (Agreement), made and entered into this
by and between STATE OF CALIFORNIA, acting through the
Department of Parks and Recreation, hereinafter referred to as "STATE" and
the City of Carlsbad Housing and Redevelopment Commission, herinafter
referred to as Commission, without regard to number and gender.
WITNESSETH ----------
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A. Pursuant to the provisions of Section 5080.30, et seq., of the
Public Resources Code of the State of California, STATE may enter into an
operating agreement with subdivisions of the State of California for the
development and operation of lands under the jurisdiction of STATE for the
purpose of the State Park System.
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B. STATE has acquired for park and recreational purposes certain
real property known as "Carlsbad State Beach" as identified in Exhibit A
attached. These park properties are located within the City of Carlsbad in
the County of San Diego.
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C. STATE and COMMISSION desire to enter into an Agreement to
provide for the development, operation, control, and maintenance of a part
of Carlsbad State Beach by the City of Carlsbad as identified on Exhibit "A".
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COURT PAPER STA’TE OF CA.LlFORNIA STD 113 ,RE”. 8.721 2
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COURT PAPER STIT’E OF C*‘.IFORNI* STD 113 ,REY 8.721
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NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto do hereby covenant and agree as follows:
1. PREMISES: STATE authorizes COMMISSION to develop, operate,
control, and maintain a portion of Carlsb .1 State Beach, as shown on Exhibit
"A" attached, and hereby made a part hereof. STATE shall not be liable for
any costs of development, maintenance, control, or operation of the premises.
2. USE: COMMISSION agrees to develop, operate, control, and
maintain the premises as public recreational beach/park facilities to be
accessible and subject to the use and enjoyment of the general public. Such
development and operation of the premises shall be conducted in accordance
with the approved State General Plan for Carlsbad State Beach adopted
November 1983 and all applicable federal, state, and local government
statutes, laws, and regulations. Copies of said General Plans are on file
at the San Diego Coast Distric Office, 2680 Carlsbad Boulevard, Carlsbad, CA
92008.
Should the COMMISSION propose developments or operations not
authorized under the current Carlsbad State Beach general plan, COMMISSION
may prepare an amendment to said plan, pursuant to Public Resources Code
Section 5080.31 which amendment shall be submitted to and approved by the
California State Park and Recreation Commission.
COMMISSION may adopt rules and regulations for the use and
enjoyment of the premises. Any such rules and regulations adopted by
COMMISSION shall conform to and be consistent with the rules and regulations
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said property. Said premises shall not be used for any other purpose than
those herein described.
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3. TERM: The term of this Agreement shal
and shall commence on
COMMISSION shall have the option to extend the term of this
Agreement for an additional twenty (20) year period subject to approval of
STATE. Notification
in writing at least 1
Agreement.
of said exercise of option shall be submitted to STATE
8 months prior to the termination date of this
4. CONSIDERATION: In consideration of the services to be performed
by COMMISSION pursuant to this Agreement, i.e., development, care,
maintenance, operation, and control of subject premises, STATE hereby
authorizes the use of the said premises by COMMISSION on a rent-free basis
on the condition that COMMISSION exert a good faith effort in performing the
services identified in this paragraph. In the event that COMMISSION fails to
perform in good faith, such services for the benefit, use and enjoyment for
the general public, this beach park unit identified in Exhibit "A" shall
revert back to the STATE.
5. CONSTRUCTION: COMMISSION, at no cost or expense to STATE, may
undertake new development, construction, or improvements to enhance public
recreational facilities at this park unit. Such development, construction,
or improvements shall be in accordance with the State General Plan for
COURT PAPER ST#.TE OF CALIFORNI* STD 113 <REV 8.728 4
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COURT PAPER STATE OF C*L.IFORNI* STD 113 (REV 8.72)
Carlsbad State Beach. All plans and specifications for improvement and
development shall be approved by STATE to ensure that such plans comply
with STATE'S requirements. No such improvement or development including
beach erosion control and protection, shall be commenced by COMMISSION'S
own forces or by its contractors without prior written STATE approval of
such plans and specifications. STATE agrees to communicate its approval
or disapproval of such plans and specifications, in writing, within forty
five (45) days of receipt of same (disapprovals shall be accompanied with
written explanation of reasons for such disapproval). STATE, however,
agrees not to unreasonably withhold said approval, and if STATE fails to so
approve or specify changes, than approval is deemed to be given at the end
of the forty five (45) day period.
6. OWNERSHIP OF IMPROVEMENTS: Upon termination of this Agreement
pursuant to any provisions under Paragraph 19 (TERMINATION), all improvement' 9
constructed shall become part of the realty and title to said improvements )
shall vest in STATE. For all improvements erected on the premises by
COMMISSION, a Notice of Completion shall be filed with the STATE.
Notwithstanding the above, art park elements consisting of art sculpture
shall remian the property of the COMMISSION and at the time of expiration or
termination of the operating agreement may be removed or relocated off State
property.
7. MAINTENANCE OBLIGATIONS OF COMMISSION: During the term of this
Agreement, COMMISSION at no cost or expense to STATE shall provide for
upkeep and maintenance of the premises in a safe, good condition, and in
substantial repair, and all improvements of any kind which may be erected,
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COURT PAPER STATE OF CILIFORN1A 5-m 113 IRE”. 8-72)
installed, or placed thereon. During the term of this agreement it shall be j
COMMISSION'S responsibility to ensure that the premises are maintained in i
such a level and standard of condition and repair as other city park and I
beach facilities.
8. CONCESSIONS: Subject to prior approval in writing by STATE,
COMMISSION may grant concessions in or upon the premises consistent with the
requirements of the STATE under Section 5080.33 and 5080.34 of the Public
Resources Code. All concession contracts shall be subject to the
requirements of the Public Resources Code Section 5080.20. No concession
shall be granted by COMMISSION which will exploit public lands for commercial
purposes.
9. REVENUES: Any income to COMMISSION derived from its control and
operation of premises for services, benefits, or accommodation to the
general public shall strictly be used for operation and maintenance expenses
of the premises. Any such portion of income as may exceed costs and expenses
shall be utilized for the benefit of the premises.
10. RECORDS AND ACCOUNTS: COMMISSION shall, at all times during
the term of this Agreement, keep separate, true and complete books, records,
and accounts of all income and fees received and all expenditures made by
COMMISSION in relation to concessions, special services, and all other
matters incident to the development, control, and operation of the premises.
COMMISSION shall report said income and expenditures to STATE on an annual
basis, which annual report shall be submitted for the period commencing I
July 1st and ending June 30th of each reporting year, and shall be filed with/
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COURT PAPER sts..Te OF CILIFORNII\ STD 113 ,RE” 8.721
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STATE not later than the following September 30th. Said report shall include;
a reasonable weekly estimate of the number of visitors to the area, as well
as the number of vehicles.
The books, records, and accounts kept by COMMISSION applying to the
operation of the premises, shall at all reasonable times be open for audit or
inspection by STATE.
The annual report required by this clause shall be delivered to
STATE at the address set forth in Paragraph 18 (NOTICES).
11. BEACH EROSION CONTROL AND PROTECTION WORK: Any development,
beach erosion control, or protection work which may be undertaken by STATE or
the United States of America, along or on the premises, in the manner
provided by law or under the rules of STATE, shall not, in any way be
construed as constituting a termination of this Agreement or in any way
affecting same.
STATE shall have the right to enter into agreements for such work
during the term hereof and to go upon the premises or to authorize any
person, firm, or corporation to go upon the premises for the purposes of such
construction, beach erosion control, or protection work, or the doing of
other public work for the improvement or development of the premises,
provided that STATE except for emergency repair, shall give COMMISSION
three (3) months prior written notice of its intention to do any of the work
herein mentioned. COMMISSION shall be given the opportunity to review and
comment on plans and specifications before such work is undertaken. STATE
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COURT PAPER STATE OF CALIFORNIA STD ,,3 (REV 8.72)
agrees to repair, at its sole cost and expense, any damage to COMMISSION
improvements caused by such hereinabove described work.
12. EMINENT DOMAIN PROCEEDINGS: If the premises or any portion
thereof is taken by proceedings in eminent domain, state shall receive the 1
entire award for such taking except that COMMISSION shall receive out of said;
award the fair market value of any improvements then existing and constructed:
by COMMISSION, except for: (a) improvements erected with funds realized 1 / I through income form the premises, and (b) improvements the costs of which /
COMMISSION has been paid or reimbursed by STATE through grants or other
sources. Fair market value shall be determined by said proceedings taking
into consideration the terms of this Agreement.
13. UTILITIES: COMMISSION shall be responsible for all utility
charges supplied to the premises.
14. PUBLIC LIABILITY INSURANCE: COMMISSION agrees, at its sole
expense, to maintain in force during the term of this Agreement comprehensive
general liability insurance, insuring against claims for injuries to persons
or property occurring in, upon, or about premises. Said insurance shall
have limits of not less than $500,000 and $l,OOO,OOO for injuries to person
or persons, respectively; not less than $150,000 for property damage; and
said limits shall be adjusted annually to reflect changes in the prior year's
Consumer Price Index (CPI) for Los Angeles - Anaheim - Riverside (all urban
consumers - all items), promulgated by the Bureau of Labor Statistics of the
U. S. Department of Labor. STATE agrees that COMMISSION, at COMMISSION'S
option, may self-insure the coverages required by this Paragraph 14 (PUBLIC
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COURT PAPER ST*TL OF CILIFDRNIA STD. 113 IRE”. 8.721
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LIABILITY INSURANCE).
15. HOLD HARMLESS AGREEMENT: COMMISSION shall indemnify, hold
harmless, and defend STATE, its officers, agents, and employees against any
and all claims, demands, damages, costs, expenses, or liability costs I
arising out of the development, operation, or maintenance of the property by :
COMMISSION described herein which claims, demands, or causes or action arise j
I under Government Code Section 895.2 or otherwise, except for liability 1
arising out of the concurrent or sole negligence, or deliberate act of STATE,! I
its officers, agents, or employees.
In the event STATE is named as co-defendant in a legal action, under
the provisions of the Government Code Section 810 et seq., and COMMISSIOMis
served with process of such legal action, then commission shall immediately
notify STATE of such fact and shall represent STATE in such legal action as
provided herein unless STATE undertakes to represent itself as co-defendant
in such legal action, in which event STATE shall bear its own litigation
costs, expenses, and attorney's fees.
In the event COMMISSION is named as co-defendant in a legal action,
under the provisions of the Government Code Section 810 et seq., and STATE is
served with process of such legal action, then STATE shall immediately
notify COMMISSION of such fact and shall represent COMMISSION in such legal
action unless COMMISSION undertakes to represent itself as co-defendant in
such legal action, in which event COMMISSION shall bear its own litigation
costs, expenses, and attorney's fees.
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COURT PAPER STATE OF CA!JFORNII\ STD 113 (REV 8.72)
In the event judgment is entered against STATE and COMMISSION j
because of the concurrent negligence of STATE and COMMISSION, their officers;
agents, or employees, an apportionment of liability to pay such judgment
shall be made by a court of competent jurisdiction. Neither party shall :
request a jury apportionment.
16. PROHIBITIONS AGAINST COMMISSION ASSIGNING, SUBLETTING: This
Agreement shall not, nor shall any interest therein or thereunder be
assigned, delegated, mortgaged, hypothecated, or transferred either by
COMMISSION let or sublet, or grant any licenses or permits with respect to
the use and occupancy of the premises or any protion thereof, without
obtaining the prior written consent of STATE which shall not be unreasonably
withheld. This paragraph does not apply to the provisions of Paragraph 7
(MAINTENANCE OBLIGATIONS OF CITY) and Paragraph 8 (CONCESSIONS) above.
17. DEFAULTS AND REMEDIES: Either party may terminate this
Agreement for breach by the other party upon giving the other party written
notice at least sixty (60) days prior to said termination date.
In the event of any breach of this Agreement by STATE, COMMISSION
shall notify STATE in writing of such breach, and STATE shall have thirty
(30) days in which to initiate action to cured said breach.
In the event of any breach of this Agreement by COMMISSION, STATE
shall notify COMMISSION in writing of said breach, and COMMISSION shall have
thirty (30) days in which to initiate action to cure said breach.
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COURT PAPER STITE OF C*LIFORNI* STD 113 (REV 8.721
18. NOTICES: Al written notices pursuant to this Agreement shall
I be addressed as set forth below or as either party may hereafter designate by
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written notice and shall be personally delivered or sent through the United
States mail:
STATE: State of California
Department of Parks and Recreation
Concession Programs Division
P. 0. Box 942896
Sacramento, CA 94296-0001
With Copy to:
Southern Region Headquarters
1333 Camino De1 Rio South, Suite 200
San Diego, CA 92108
COMMISSION: City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008-1982
19. TERMINATION: Notwithstanding the provisions of Paragraph 17
(DEFAULTS AND REMEDIES) either party may terminate this Agreement for any
reason. The party who wishes to terminate the Agreement shall give written
notice of its intention no later than three hundred and sixty five (365) days
before the scheduled termination date. Such notice shall be given in writing
and shall be effective on the date given in the notice as the scheduled date
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COURT PAPER *T*TE OF C*LIFORNI* STD 113 (REV 8.721
for the termination of the Agreement. In the event that the STATE i s the
party choosing to terminate the Agreement, the STATE shall pay to COMblISSION
on the termination date a sum of money equal to the depreciated cost of the
by the COMMISSION with
funds realized through
improvements installed or constructed upon the premises
the following exceptions, (a) improvements erected with
income from the premises, and (b) improvements the cost
has been paid or reimbursed by state, through grants or
of which COMMISSION
other sources.
Depreciated costs shall be computed in the fol lowing manner:
A. Upon completion of improvements, or within sixty (60) days of
opening for public use, whichever is later, COMMISSION will submit verified
cost statements accompanied by substantiating invoices and bills of labor,
material, or any other reasonable construction costs, to STATE. These costs,
plus such future construction costs when expended shall represent the cost of
improvements.
B. The cost of improvements shall be depreciated on a straight
line basis over twenty (20) year life. The depreciated cost shall be deter-
mined by dividing the cost of improvements by two hundred forty (240) months
and multiplying the results by the number of whole months remaining in the
term of the Agreement at the scheduled termination date.
C. STATE may not commence termination proceedings until such time
as the funds required for such termination and reimbursement have been
obtained through appropriations by the Lagidature and through the normal
budgeting process of the STATE.
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COURT PAPER STATE OF CALIFORNI* STD 113 CRE” 8.721
It is expressly understood that the above-described reimbursement
provisions are not applicable where STATE terminates this Agreement for any
breach on the part of COMMISSION.
In the event of brech, bankruptcy, insolvency, abandonment, or
termination of Agreement upon COMMISSION'S request, the above-described
reimbursement provision shall not apply and shall not be considered an
obligation of the STATE.
20. REAL PROPERTY ACQUISITION: It is understood and agreed by the
parties hereto, that all applications for real property rights, appurtenant to
the real properties herein described, shall be made in the name of and on
behalf of STATE, and shall be subject to the prior approval in writing of
STATE. I
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! 21. NONDISCRIMINATION: Pursuant to Public Resources Code
Section 5080.34, this Agreement prohibits, and every contract on lands that i I
are subject to this Agreement shall expressly prohibit discreimination against
any person because of race, color, religion, sex, marital status, national
origin, or ancestry of that person. Attached Statndard Form 17A is
incorporated herein.
22. LIMITATION: This Agreement is subject to all valid and
existing contracts, leases, licenses, encumbrances, and claims of title which
may affect premises.
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COURT PAPER STITE OF C*LIFORNI* STD. 113 iREV 8.721
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23. PARAGRAPH TITLES: The paragraph titles in this Agreement are j
inserted only as a matter of convenience and for reference, and in no way
define, limit, or describe the scope or intent of this Agreement or in any way
affect this Agreement.
24. AGREEMENT IN COUNTERPARTS: This Agreement is executed in
counterparts each of which shall be deemed an original.
25. AGREEMENT IN WRITING: This Agreement contains and embraces the :
entire Agreement between the parties hereto and neigher it nor any part of it
may be changed, altered, modified, limited, or extended orally, or by any--
agreement between the parties unless usch Agreement be expressed in writing,
in signed, and acknowledged by the STATE and COMMISSION, or their successors
interest.
26. INSPECTION: STATE or its authorized representative shall have
the right at all reasonalbe times to inspect the premises to determine if the
provisions of this Agreement are being complied with.
27. SUCCESSORS IN INTEREST: Unless otherwise provided in this
Agreement, the terms, covenants, and conditins contained herein shall apply
to and bind the heirs, successors, executors, administrators, and assigns of
all the parties hereto, all or whom shall be jointly and severally liable
hereunder.
28. PARTIAL INVALIDITY: If any term, covenant, condition, or
provision of this Agreement is held by a court of competent jurisdiction to be
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COURT PAPER STATE OF C*LIFORNI* STD 113 (REV 8.721
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invalid, void, or unenforceable, the remiander of the provisions hereof shall
remian in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
29. WAIVER OF RIGHTS: The failure of STATE or COMMISSION to insist
upon strict performance of any of the terms, conditions, and covenants in this:
Agreement shall not be deemed a waiver of any right or remedy that STATE or
COMMISSION may have, and shall not be
for a subsequent breach or default of
herein contained.
deemed a waiver of any right or remedy i
the terms, conditions, and covenants I
IN WITNESS WHEREOF, the parti es have executed this Agreement the I
day and year first above written.
CITY OF CARLSBAD, Carlsbad STATE OF CALIFORNIA
Housing and Redevelopment Commission DEPARTMENT OF PARKS AND RECREATION /
I
BY BY Claude A. Lewis, Chairman
DEPARTMENT OF GENERAL SERVICES
BY
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CARLS6AI) STATE BEACII
DEPARTMENT Of PARKS AND RECREATION
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NONDISCRIMINATION CLAUSE
(ocp - I)
1,
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During the performance of this contract, contractor and its subcontractors shall not unlawfully-discriminate against any employee or applicant for employment because of race, reli- gion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex, Contractors and subcontractors shall insure that the evalua- tion and treatment of their employees and applicants for ~~~ em loyment are free of such discrimination, Contractors and su contractors & shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et se Kali 4 a 1 and the applicable regulations promulgated thereunder ornia Administrative Code, Title 2, Section 7285,O et seqJ, The applicable regulations of the Fair Employment and Housing Commission im lementing Government Code, Section 2990, set forth in Chaoter E of Division 4 of Title 2 of the Ca 1 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 a co1 lective bargaining or other agreement,
2, This contractor shall include the nondiscrimination and com- pl.iance provisions of this clause in all subcontracts to perform work under the contract,
STD. IYA (NEW S-83)