HomeMy WebLinkAbout2022-08-23 - AGENDA REPORTS - TESORO DEL VALLE ANNEX RESOAgenda Item: 10
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: August 23, 2022
SUBJECT: PROPOSED TESORO DEL VALLE ANNEXATION -
SUPPLEMENTAL JOINT RESOLUTION AND ASSOCIATED
TRANSFER AGREEMENTS BETWEEN THE CITY OF SANTA
CLARITA AND THE COUNTY OF LOS ANGELES
DEPARTMENT: Community Development
PRESENTER: Patrick Leclair
RECOMMENDED ACTION
City Council:
Adopt the attached Supplemental Joint Resolution which shall:
a. Transfer jurisdiction of Landscaping and Lighting Act (LLA) District No. 4, Zone 76
(Zone) from the County of Los Angeles to the City of Santa Clarita and approve and
accept the negotiated exchange of benefit assessment revenues for the Zone;
b. Withdraw the territory proposed for annexation from County Lighting Maintenance
District 1687 (CLMD 1687);
c. Exclude the territory proposed for annexation from County Lighting District LLA-1,
Unincorporated Zone; and
d. Clarify the City of Santa Clarita's responsibilities regarding Drainage Benefit
Assessment Area No. 35.
2. Authorize the City Manager or designee to take all actions to effectuate the Joint Resolution
and Supplemental Joint Resolution.
3. Find the proposed transfer of Tesoro Adobe Historic Park is categorically exempt from the
California Environmental Quality Act for the reasons stated herein and the reasons reflected
in the record of the project.
4. Find that pursuant to Government Code section 25550.5, Tesoro Adobe Historic Park is local
in character and approve the transfer of Tesoro Adobe Historic Park to the City of Santa
Clarita.
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5. Approve a Park Transfer Agreement between the County of Los Angeles and the City of
Santa Clarita.
6. Execute the quitclaim deed consistent with Transfer Agreement and applicable conditions.
7. Execute a transfer agreement with the County of Los Angeles for the purpose of transferring
the County's grant responsibilities to the City of Santa Clarita.
8. Execute an amended Reciprocal Easement and Joint Use Agreement with Montalvo
Properties, LLC, Tesoro del Valle Master Homeowners Association, and the City of Santa
Clarita, for the purpose of replacing the County of Los Angeles with the City of Santa
Clarita.
9. Authorize the City Manager or designee to execute all agreements and associated documents,
subject to City Attorney approval.
BACKGROUND
On November 12, 2019, the City Council adopted Resolution No. 19-57 to initiate annexation
proceedings for the Tesoro del Valle Annexation Area with the Local Agency Formation
Commission (LAFCO). The proposed annexation boundary includes approximately 1,786 acres
of the Tesoro del Valle community, which includes the Tesoro Historic Park (Park Property).
The application was submitted to LAFCO on January 28, 2020.
On July 12, 2022, the City Council approved a revised Joint Property Tax Transfer Resolution
(TTR) between the City of Santa Clarita (City), Los Angeles County (County), Greater Los
Angeles County Vector Control District, Santa Clarita Valley Water District, Antelope Valley
Resource Conservation District, and Los Angeles County Sanitation District. The County Board
of Supervisors approved the TTR at their August 9, 2022, meeting.
Supplemental Joint Resolution
In addition to adopting the TTR at their August 9, 2022 meeting, the County Board of
Supervisors (BOS) approved a Supplemental Joint Resolution (Resolution) to:
• Transfer Landscaping and Lighting Act (LLA) District No. 4, Zone 76 from the County
to the City;
• Withdraw the territory proposed for annexation from the County Lighting and
Maintenance District 1678 (CLMD 1687);
• Exclude the territory proposed for annexation from County Lighting District LLA-1,
Unincorporated Zone; and
• Transfer Drainage Benefit Assessment Area (DBAA) No. 35 to the City.
To facilitate the annexation, the County has adopted the Resolution with the understanding that
the City Council will consider the Resolution at the August 23, 2022, City Council meeting.
Approval by both governing bodies is necessary in order to complete the annexation in
November 2022.
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DBAA No. 35
The annexation territory includes a proposed assessment area known as Drainage Benefit
Assessment Area (DBAA) No. 35 and proposed drainage improvements associated with the
proposed assessment area. The City Council's approval of the Supplemental Joint Resolution
will transfer responsibility for DBAA No. 35 and the associated improvements to the City from
and after the effective date of the annexation and upon completion of the improvements.
Additional Annexation Details
Tesoro Historic Adobe Park
The County is requesting the City Council adopt a Park Transfer Agreement that would establish
the terms for the transfer of the Park Property to the City through a Quitclaim Deed. If approved
at the August 23, 2022, City Council meeting, the County will present the Park Transfer
Agreement for consideration by the BOS at their September 6, 2022, meeting. Upon the final
LAFCO approval in November 2022 and acceptance of the Quitclaim Deed, the City will
become responsible for the maintenance and operation of Tesoro Adobe Historic Park.
The County acquired the Park Property in 2005 from Montalvo Properties, LLC. The Park
Property is approximately 2.26 acres and located at 29350 Avenida Rancho Tesoro, Valencia,
California, 91354, and consists of historical structures and a wood frame barn. The Park Property
is subject to a Reciprocal Easement and Joint Use Agreement with Montalvo Properties, LLC.,
and Tesoro del Valle Master Homeowners Association (Tesoro Master Association). Since the
Park Property is located within the proposed annexation territory, the City Council's approval of
the transfer of title and interest to the City is required so the City becomes responsible for the
operation and maintenance of the park's facilities.
The Transfer Agreement provides that the Quitclaim Deed conveying the Park Property to the
City will contain the following restrictions: 1) the Park Property is to be used for open space,
public recreation, and park purposes only; 2) the Park Property shall be equally open and
available to residents of incorporated and unincorporated territory, and there shall be no
discrimination against or preference, gratuity, bonus, or other benefits given to residents of an
incorporated area not equally accorded residents of unincorporated territory.
As part of this action, the City also acknowledges that it is acquiring property that may be within,
or is located within, the vicinity of a historical and archeological resource and agrees to accept
any obligations associated therewith. Further, the City shall assume all claims, liabilities,
obligations, and duties under the provisions of the Proposition A Grant Agreement for Project
P-29-16-2596.
Solid Waste
Pursuant to California Public Resources Code Section 49520, Burrtec has a right to continue
providing residential service to the Tesoro del Valle community for the term of their Exclusive
Residential Franchise Agreement with Los Angeles County (County) or five years from the
annexation date, whichever is less. Burrtec has indicated that they intend to assert their
continuation rights and service the Tesoro del Valle community under the terms of their current
agreement with the County. To formalize this arrangement, staff intends to bring a Continuation
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Rights Agreement to the Council for their consideration at a future Council meeting that would
transfer Burrtec's current Amended Agreement with the County to the City of Santa Clarita.
Trails
The County and City have discussed the transfer of the trails within the annexation area to the
City. After multiple discussions, the County is unwilling to transfer the trails to the City. Upon
annexation, the County will continue to own and maintain the trails within the annexation area.
Regional Housing Needs Assessment (RHNA)
Upon annexation, the City would be responsible for the RHNA obligation for the 820 units
approved by the County in the Tesoro Highlands project area. The 820 units would be transferred
to the City in the Above Moderate Income category.
Next Steps
Subsequent steps for the Tesoro del Valle Annexation call for up to two LAFCO hearings prior
to completion of this annexation. The first is a general public hearing anticipated for September
2022, followed by a "protest hearing" in November 2022 should it be necessary. This annexation
is anticipated to be complete by the end of November 2022.
ALTERNATIVE ACTION
Other actions as determined by the City Council.
FISCAL IMPACT
The service expenditures related to this annexation are offset by the revenue to be collected from
within the annexation area. This annexation is fiscally neutral and will not have a negative
impact on the City of Santa Clarita.
ATTACHMENTS
Supplemental Joint Resolution
Park Transfer Agreement
Park Transfer Agreement Exhibits (available in the City Clerk's Reading File)
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SUPPLEMENTAL JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES AND THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA APPROVING AND ACCEPTING THE TRANSFER
OF JURISDICTION AND THE NEGOTIATED EXCHANGE OF BENEFIT
ASSESSMENT PROCEEDS FOR LANDSCAPE AND LIGHTING ACT (LLA)
DISTRICT NO. 4, ZONE 76 TESORO ADOBE PARK THAT IS SITUATED WITHIN
THE TERRITORIAL BOUNDARIES OF THE ANNEXATION KNOWN AS
REORGANIZATION 2020-01 FROM THE COUNTY OF LOS ANGELES TO THE CITY
OF SANTA CLARITA, WITHDRAWAL FROM COUNTY LIGHTING MAINTENANCE
DISTRICT 1687, EXCLUSION FROM COUNTY LIGHTING DISTRICT LANDSCAPING
AND LIGHTING ACT-1, UNINCORPORATED ZONE, AND CLARIFYING
RESPONSIBILITIES REGARDING DRAINAGE BENEFIT ASSESSMENT AREA
NO. 35
WHEREAS, the City of Santa Clarita (City) initiated proceedings with the Local
Agency Formation Commission for the Los Angeles County (LAFCO) for the annexation
of territory identified as Reorganization 2020-01 (Reorganization 2020-01) to the City;
and
WHEREAS, Section 22612 of the Streets and Highways Code of the State of
California provides that if all of the territory of a district is included within one city as a
result of an annexation or incorporation, the legislative body may transfer jurisdiction
over the district to the city council of the city by a joint resolution setting forth the
mutually agreed upon terms and conditions under which the transfer is to take place;
and
WHEREAS, the territory proposed for annexation to the City in Reorganization
2020-01 consists of Parcel 1 & 2 with approximately 1,786± acres of inhabited territory,
and the territory proposed for annexation to the Greater Los Angeles County Vector
Control District consists of Parcel 1 with approximately 1609± acres. The affected
territory is generally located north of the intersection of Copper Hill Drive and Avenida
Rancho Tesoro; and
WHEREAS, Landscape and Lighting Act (LLA) District No. 4, Zone 76 Tesoro
Adobe Park (Zone No. 76), currently within the jurisdiction of Los Angeles County
(hereinafter referred to as the County), is located within the boundaries of the territory
proposed for annexation by Reorganization 2020-01 from the County to the City; and
WHEREAS, the County affirms that Zone No. 76 receives funding through a
special benefit assessment levy established by the Board of Supervisors of the County
of Los Angeles, and collected by the County Tax Collector, and that this benefit
assessment benefits only Zone No. 76 (Special Assessment); and
WHEREAS, the funds levied pursuant to that special assessment (Assessment
Proceeds) are currently deposited into a specific account held by the County to be used
only for Zone No. 76: Fund P31 (Account); and
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WHEREAS, the Account includes unspent Assessment Proceeds from prior
fiscal years, unspent Assessment Proceeds from current fiscal year, and in future may
also include additional Assessment Proceeds from prior, current, or future fiscal years;
and
WHEREAS, the Assessment Proceeds and funds within the Account can only be
used within Zone No. 76; and
WHEREAS, the County and City consent to the transfer of jurisdiction over Zone
No. 76 located within the territorial boundaries of the annexation known as
Reorganization 2020-01 from the County to the City; and
WHEREAS, pursuant to Section 99 of the Revenue and Taxation Code of the
State of California, prior to the effective date of any jurisdictional change, the governing
bodies of all agencies whose service areas or service responsibilities would be altered
by such change must determine the amount of Assessment Proceeds and property tax
revenue to be exchanged between the affected agencies and approve and accept the
negotiated exchange of Assessment Proceeds and property tax revenue by resolution,
but if the affected agency is a special district, the Board of Supervisors must negotiate
on behalf of the district; and
WHEREAS, the area is located within the boundaries of County Lighting
Maintenance District 1687; and
WHEREAS, the City hereby agrees to the withdrawal of the proposed annexation
territory from County Lighting Maintenance District 1687 and annexed to Santa Clarita
Streetlight Maintenance District No. 1; and
WHEREAS, upon annexation of the proposed area to the City, the territory shall
be withdrawn from County Lighting Maintenance District 1687 and annexed to Santa
Clarita Streetlight District No. 1; and
WHEREAS, the annexation area is also located within County Lighting District
Landscaping and Lighting Act-1 (County Lighting District LLA-1), Unincorporated Zone;
and
WHEREAS, pursuant to Section 22613 of the California Streets and Highways
Code, whenever any territory of a landscaping or lighting district is included within a city
by annexation or incorporation, that territory is thereby excluded from the assessment
district; and
WHEREAS, upon annexation of the proposed area to the City, the territory will
be automatically excluded from County Lighting District LLA-1; and
WHEREAS, the area proposed for annexation includes a proposed benefit
assessment area to be formed pursuant to the Benefit Assessment Act of 1982
(California Government Code Sections 54703 et seq.), to be known as Drainage Benefit
Assessment Area (DBAA) No. 35; and
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WHEREAS, DBAA No. 35 is proposed to be established for the purpose of
collecting annual assessments from parcels located in DBAA No. 35 to pay for the
operation and maintenance of drainage improvements consisting of biofiltration basins
and associated access roads, vegetated swales, proprietary Modular Wetland Systems,
and associated low flow conveyance piping, as more particularly described in the
"DRAINAGE BENEFIT ASSESSMENT AREA (DBAA) NO. 35 ENGINEER'S REPORT,
TESORO DEL VALLE MASTER PLAN PROJECT TRACT NO. 51644-1" (Drainage
Improvements), serving the parcels in DBAA No. 35; and
WHEREAS, construction of the Drainage Improvements has not been completed
as of the date of this supplemental resolution, but their completion is required pursuant
to a subdivision improvement agreement and secured by performance bonds; and
WHEREAS, this resolution is intended to supplement a resolution previously
approved by the City, entitled "Joint Resolution Of The Board Of Supervisors, As The
Governing Body Of The County Of Los Angeles, The Consolidated Fire Protection
District Of Los Angeles County, And The Los Angeles County Flood Control District,
And The City Council Of The City Of Santa Clarita, The Board Of Directors Of The
Greater Los Angeles County Vector Control District, The Santa Clarita Valley Sanitation
District Of Los Angeles County, The Antelope Valley Resource Conservation District,
And The Santa Clarita Valley Water Agency, Approving And Accepting The Negotiated
Exchange Of Property Tax Revenue Resulting From The Annexation Of Territory
Known As Reorganization 2020-01 (Tesoro Del Valle) To The City Of Santa Clarita,
Detachment From County Road District No. 5, And Withdrawal From The Los Angeles
County Library, And Transfer Between The City And The County Of Certain
Improvements, Facilities, Assessments, And Other Related Items" (Joint Resolution);
and
WHEREAS, the Board of Supervisors of the County of Los Angeles, as
governing body of LLA District No. 4, Zone 76, the County Lighting Maintenance District
1687, and County Lighting District LLA-1, Unincorporated Zone, and the City Council of
the City of Santa Clarita, have determined the amount of property tax revenue and
assessment proceeds to be exchanged between their respective agencies as a result of
the annexation of the unincorporated territory identified as Reorganization 2020-01, the
transfer of LLA District No. 4, Zone 76 to the City, withdrawal from County Lighting
Maintenance District 1687, annexation to Santa Clarita Streetlight Maintenance District
No. 1, and exclusion from County Lighting District LLA-1, Unincorporated Zone, is as
set forth below:
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. Upon the effective date of Reorganization 2020-01 (Effective Date),
the County and the City agree to transfer jurisdiction over Zone No. 76 from the County
to the City.
SECTION 2. During each Fiscal Year up to and including the Effective Date, the
County shall continue to levy the Special Assessment and receive all Assessment
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Proceeds related to Zone No. 76. For the fiscal year commencing on the July 1
immediately after the Effective Date, and each fiscal year thereafter, the City shall levy
the Special Assessment and receive all Assessment Proceeds relating to Zone 76.
SECTION 3. From and after the Effective Date, the City shall be responsible for
the administration of Santa Clarita LLA Zone No. 76, or whatever designation that the
City assigns to this Zone, including the collection of the annual assessments as
described in Section 2 above. To the extent that Assessment Proceeds are remitted to
the County after the Effective Date, the County shall deposit them in the Account and
transfer such funds to the City in accordance with the schedule set forth in Section 4 of
this supplemental resolution.
SECTION 4. Upon the Effective Date, the County shall provide to the City all
funds currently in the Account and all funds that may be forwarded to the Account in the
future pursuant to the following schedule:
a. On or about one hundred twenty (120) days after the Effective Date, the
County shall transfer to the City sixty (60) percent of the amount in the
Account at that time. This transfer shall constitute the first installment of the
funds in the Account.
b. On or about one hundred eighty (180) days after the payment of the first
installment of the funds in the Account to the City, the County shall transfer to
the City eighty (80) percent of the remaining funds in the Account. This
transfer shall constitute the second installment of the funds in the Account.
c. On or about one hundred eighty (180) days after the second installment of the
funds in the Account to the City, the County shall transfer to the City all
outstanding funds in the Account. This transfer shall constitute the final
installment of the funds in the Account. This amount will include all prior
unspent funds, including any Assessment Proceeds for Fiscal Year 2021-22,
Fiscal Year 2022-23, and all subsequent fiscal years (if any), which have
been received to date, less any invoices to be paid by the County from these
funds and less Zone 76's pro-rata share of administrative expenses, if any.
Copies of any invoices paid by the County from these funds shall be provided
to the City upon request. The County and City may amend the amount of
payment and/or the date of payment pursuant to written agreement.
d. If for any reason after the final installment of the balance of the funds in the
Account there are Assessment Proceeds or other funds in the Account, the
County shall forward those Assessment Proceeds or funds in the Account to
the City within 60 days of County's knowledge of those Assessment Proceeds
or funds.
SECTION 5. The County represents that to the best of its knowledge, there are
no pending or threatened claims, or administrative or court proceedings against Zone
No. 76 to be transferred herein. The City as governing body and administrator of Zone
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No. 76 shall provide landscape maintenance services and agrees to indemnify, defend
and hold harmless the County and its agents, officers, and employees from any
damages of any nature whatsoever, including but not limited to, bodily injury, death,
personal injury, or property damage, worker compensation suits, liability or expense,
damage to Zone No. 76, or damage to applicable homeowner association and the City
property and equipment, arising from landscape services performed on behalf of the
City for Zone No. 76.
SECTION 6. The City agrees that it will bear the full responsibility for the street
lighting and lighting maintenance services in the proposed annexation area upon the
withdrawal of the annexation territory from County Lighting Maintenance District 1687
and exclusion of the territory from County Lighting District LLA-1, Unincorporated Zone
SECTION 7. For the fiscal year commencing in the year after the filing of the
statement of boundary change for Reorganization 2020-01 with the Board of
Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal
year thereafter, the tax -sharing ratio received by County Lighting Maintenance District
1687 attributable to Reorganization 2020-01 in the annexation area shall be reduced to
zero.
SECTION 8. If DBAA No. 35 is established prior to the effective date of
Reorganization 2020-01, the City agrees that upon completion of the Drainage
Improvements, as evidenced by written notice from the County, the City will take
ownership of and responsibility for the operation and maintenance of the Drainage
Improvements. The provisions of this paragraph supersede any inconsistent provisions
in regard to DBAA No. 35 in the Joint Resolution.
SECTION 9. If DBAA No. 35 is established prior to the effective date of
Reorganization 2020-01, for the first fiscal year commencing after the completion of the
Drainage Improvements, as evidenced by written notice from the County, and every
fiscal year thereafter, the City shall be responsible for the administration of DBAA No.
35, including the collection of the annual assessments. The provisions of this
paragraph supersede any inconsistent provisions in regard to DBAA No. 35 in the Joint
Resolution.
SECTION 10. If DBAA No. 35 is not established prior to the effective date of
Reorganization 2020-01, the City will be responsible for the establishment and
administration of DBAA No. 35. The provisions of this paragraph supersede any
inconsistent provisions in regard to DBAA No. 35 in the Joint Resolution.
SECTION 11. As set forth in this supplemental resolution, the negotiated
exchange of property tax revenue and assessment proceeds between the County and
the City, resulting from Reorganization 2020-01 is approved and accepted.
SECTION 12. The County and City each agree to take such further actions as
necessary to effectuate and implement the terms of this supplemental resolution in good
faith.
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The foregoing resolution was on the day of , 2022,
adopted by the Board of Supervisors of the County of Los Angeles and ex officio the governing
body of all other special assessment and taxing districts, agencies and authorities for which said
Board so acts.
APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting County Counsel
By Z& &'
D uty
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CELIA ZAVALA, Executive Officer
Clerk of the Board of Supervisors
of the County of Los Angeles
0
(Signed in Counterpart)
L"
Deputy
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PASSED, APPROVED AND ADOPTED this
2022 by the following vote:
AYES: ABSENT:
NOES: ABSTAIN:
ATTEST:
City Clerk
City of Santa Clarita
day of ,
Mayor
City of Santa Clarita, California
(Signed in Counterpart)
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TESORO ADOBE HISTORIC PARK TRANSFER AGREEMENT
This Transfer Agreement ("Agreement") is made and entered into this day
of 2022, by and between the City of Santa Clarita, a municipal
corporation ("City"), and the County of Los Angeles ("County") a body politic and
corporate (collectively "Parties"), pursuant to Government Code Section 25550.5,
regarding the conveyance of real property. This Agreement is made with reference to the
following facts:
A. County is the owner of the park property known as Tesoro Adobe Historic Park
(the "Park Property"), as described in Exhibit A (the "Quitclaim Deed").
B. City agrees to accept the Park Property for the purpose of incorporating them into
the City's park system.
NOW, THEREFORE, in consideration of the promises, conditions, and mutual covenants
set forth herein, the parties hereto do agree as follows:
1. Transfer of Park Property. County agrees to effectuate the transfer of the Park
Property by executing the Quitclaim Deed. City hereby warrants to County that said
Quitclaim Deed are sufficient to release County's interest in the Park Property.
2. Use. The City agrees at its cost to develop, operate and maintain the Park
Property solely for public park and recreational purposes.
3. Consideration. Both City and County mutually agree that the consideration
provided for the conveyance of the Park Property shall be the City's agreement to operate,
and maintain the Park Property for public park and recreational purposes for the benefit
of the residents of incorporated and unincorporated Los Angeles County and the City.
4. Condition of Title to Park Property. Except as otherwise expressly provided
in this Agreement, the City is acquiring the Park Property "AS IS" and "WITH ALL
FAULTS" in their present state and conditions as of the Closing. Except for the express
representations and warranties set forth herein, each party agrees that the other has not
made, does not make, and specifically negates and disclaims any representations or
warranties of any kind or character whatsoever, whether expressed or implied, oral or
written, past, present or future, of, as to, concerning or with respect to the property being
conveyed by it hereunder (including, without limitation, any warranty of merchantability,
habitability, or fitness for a particular purpose).
5. Warranties of County. County warrants that:
A. County has no actual present knowledge of any pending litigation
involving the Park Property.
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B. County has no actual present knowledge of any violation of, or
notices concerning defects or noncompliance with, any applicable
building code or other code, statute, regulation, ordinance, judicial
order, or judicial holding pertaining to the Park Property.
6. Closing Date and Recordation. The closing date ("Closing Date") shall occur
in conjunction with the City completing its official annexation of the Park Property into the
City's borders.
The parties agree that the County will arrange for recording of the documents
necessary to complete the conveyance contemplated hereby. The City agrees to timely
provide the County its certificate(s) or resolution(s) of acceptance, pursuant to
Government Code Section 27281, prior to the recording of the documents in a form
substantially similar to that shown in Exhibit B, attached hereto and incorporated herein
by this reference.
7. Coordination.
a. The Parties agree to amend the existing Reciprocal Easement And Joint
Use Agreement with Montalvo Properties LLC and Tesoro del Valle Master
Homeowners Association for the purpose of replacing the County with the
City. (See Exhibit C.)
b. The Parties agree to complete an Assumption and Assignment of Grant
Agreement for Los Angeles Regional Parks Open Space District Project P-
129-16-2596. (See Exhibit D.)
C. The City of Santa Clarita will publicly advertise and promote all
programming, special events and hours of operations on the website and
social media platforms. Hours of Operations must not be less than current
park operating hours and be posted for high visibility by the public.
d. DPR and the City of Santa Clarita shall coordinate on the transfer to provide
DPR reasonable time to reallocate positions and funding associated with
the operations and maintenance of Tesoro Historic Adobe Park to address
gaps in services rendered by DPR in the North County and Regional
Agency.
8. Indemnification. The City waives any and all claims, and agrees to indemnify,
defend, save, and hold harmless County and its Special Districts, elected and appointed
officers, employees, and agents (collectively, "County Indemnified Parties"), from and
against any and all liability, expense (including without limitation defense costs and legal
fees), and claims for damages of any nature whatsoever, related to site conditions of the
Park Property that accrue, or incidents that occur, after the Closing Date.
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9. Default Regarding Use of County Lobbyists. City and each County Lobbyist
or County Lobbying firm, as defined in Los Angeles County Code Section 2.160.010,
retained by City shall fully comply with the County Lobbyist Ordinance, Los Angeles
County Code 2.160. Failure on the part of State or any County Lobbyist or County
Lobbying firm retained by State to fully comply with the County Lobbyist Ordinance shall
constitute a material breach of this Agreement upon which County may immediately
terminate or suspend this Agreement.
10. Notices. Any written notices required by this Agreement shall be made by
personal delivery, registered or certified mail, postage prepaid, to the address indicated
below:
City: Deputy City Manager
City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
County: Chief Executive Office
Real Estate Division
320 West Temple Street,
7th Floor Hall of Records
Los Angeles, CA 90012
with a copy to: County Department of Parks and Recreation
1000 S. Fremont Ave, A-9 West Bldg.,
3rd Floor, Unit # 40
Alhambra, CA 91803
Attn: Sean Woods, Chief of Planning
11. Counterpart. This Agreement may be executed in multiple counterparts, each
of which shall be deemed an original, but of which, together, shall constitute one and the
same instrument.
12. Authorization, Approvals, Binding Nature. This Agreement has no force and
effect and is not binding on the City until and unless it is authorized by the City Council,
and is not binding on the County until and unless authorized by the Board of Supervisors
at a duly noticed public meeting.
13. Time is of the Essence. Time is of the essence for each and every term,
condition, covenant, obligation, and provision of this Agreement.
14. Severability. In the event any portion of this Agreement shall be declared by
any court of competent jurisdiction to be invalid, illegal, or unenforceable, such portion
shall be severed from the Agreement, and the remaining parts hereof shall remain in full
force and effect as fully as though such invalid, illegal, or unenforceable portion had never
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been part of the Agreement, provided the remaining Agreement can be reasonably and
equitably enforced.
15. Binding on Successors. Subject to the limitations set forth herein, the
Agreement shall be binding upon and inure to the benefit of the successors and assigns
of the respective parties hereto.
16. California Law. This Agreement shall be construed in accordance with the
internal laws of the State of California.
17. Waivers. No waiver by either party of any provision hereof shall be deemed a
waiver of any other provision hereof or of any subsequent breach by either party of the
same or any other provision.
18. Captions. The captions and the section and subsection numbers appearing in
this Agreement are inserted only as a matter of convenience and in no way define, limit,
construe or describe the scope or intent of such sections of this Agreement nor in any
way affect this Agreement.
19. No Presumption Re: Drafter. The parties acknowledge and agree that the
terms and provisions of this Agreement have been negotiated and discussed between
the parties and their attorneys, and this Agreement reflects their mutual agreement
regarding the same. Because of the nature of such negotiations and discussions, it would
be inappropriate to deem any party to be the drafter of this Agreement, and therefore, no
presumption for or against validity or as to any interpretation hereof, based upon the
identity of the drafter, shall be applicable in interpreting or enforcing this Agreement.
20. Assistance of Counsel. Each party hereto either had the assistance of
counselor had counsel available to it, in the negotiation for, and the execution of, this
Agreement, and all related documents.
21. Required Actions of the Parties. County and City agree to execute all such
instruments and documents and to take all action as may be required in order to
consummate the purchase and sale herein contemplated.
22. Survival of Covenants. The covenants, agreements, representations and
warranties made herein are intended to survive the consummation of the transfer of the
Park Property and recordation of the Quitclaim Deed.
23. Interpretation. Unless the context of this Agreement clearly requires
otherwise: (i) the plural and singular numbers shall be deemed to include the other; (ii)
the masculine, feminine and neuter genders shall be deemed to include the others; (iii)
"or" is not exclusive; and (iv) "includes" and "including" are not limiting.
24. Final Agreement. This Agreement and the exhibits attached hereto, contains
the entire agreement of the parties with respect to the transaction contemplated hereby
HOA1037666631
Packet Pg. 62
10.b
and supersedes any prior agreement, oral or written, between City and County, about the
subject matter hereof. No contemporaneous or subsequent agreement, amendment,
representation or promise made by either party hereto, or by or to any employee, officer,
agent, or representative of either party, shall be of any effect unless it is in writing and
executed by the parties hereto.
(SIGNATURE PAGE FOLLOWS)
H0A.103766663.1
Packet Pg. 63
10.b
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their duly authorized officials, as of the day and year first above written.
County of Los Angeles,
a body corporate and politic
Supervisor Holly Mitchell
Chair, Board of Supervisors
APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting, County Counsel:
City of Santa Clarita
go
Title:
APPROVED AS TO FORM:
City Attorney
By: (S kv"j By:
D putt'
Title:
ATTEST:
DEAN C. LOGAN
Registrar-Recorder/County Clerk
By:
Deputy
HOA.103775743.1
Packet Pg. 64
EXHIBIT A
QUITCLAIM DEED
[To be attached]
QUITCLAIM CONDITIONS
SUBJECT TO:
1. All taxes, interest, penalties and assessments of record, if any.
2. Covenants, conditions, restrictions, reservations, easements, rights, and rights -
of -way of record, if any.
3. The Preservation Covenant. [To be attached - See 2005 Quitclaim Deed]
4. Los Angeles County Regional Park and Open Space District Grant Agreement
for Project number P-129-16-2596 ("Tesoro Adobe Improvement Project").
5. The County's rights and responsibilities under the Reciprocal Joint Use
Agreement and Conservation Easement. [To be attached]
CONDITIONS:
1. The condition that the Property is to be maintained for public recreation, park,
historic preservation, or open space purposes only.
2. The condition that the Property shall be equally open and available to residents
of incorporated and unincorporated territory, and there shall be no
discrimination against or preference, gratuity, bonus or other benefits given to
residents of incorporated area not equally accorded residents of unincorporated
territory.
3. In the event that the Grantee is not in compliance with any of these conditions,
then all right, title, and interest in and to the Property shall revert back to the
County of Los Angeles upon providing a thirty (30) day notice to owner in
possession of its failure to comply with these restrictions and without any
necessity of any other affirmative action on the part of the County of Los
Angeles.
HOA.103766663.1
EXHIBIT B
CITY OF SANTA CLARITA CERTIFICATE OF ACCEPTANCE
This is to certify that the attached interest in real property conveyed by the Quitclaim Deed
dated 2022, by the COUNTY OF LOS ANGELES, a body
corporate and politic, to the CITY OF SANTA CLARITA, a municipal corporation and/or
government agency, is hereby accepted by the undersigned officer or agent on behalf of
the City Council of the City of Santa Clarita, and the grantee consents to the recordation
thereof by its duly authorized officer.
Dated:
Approved as to Form:
By:
City Attorney
Dated:
HOA1037666631
EXHIBIT A
QUITCLAIM DEED
HOA.103775743.1
RECORDING REQUESTED BY:
COUNTY OF LOS ANGELES
WHEN RECORDED MAIL TO:
City of Santa Clarita
23920 Valencia Blvd., Suite 300
Santa Clarita, CA 91355
Attention: Deputy City Manager
HIS DOCUMENT IS EXEMPT FROM DOCUMENTARY Assessor's Parcel No.: 3244-160-900
TRANSFER TAX. PURSUANT TO SECTION 11922 OF THE
REVENUE & TAXATION CODE
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES
PURSUANT TO SECTION 27383 OF THE GOVERNMENT
CODE
QUITCLAIM DEED
The COUNTY OF LOS ANGELES, a body corporate and politic ("County"), on
a gratis basis, and in exchange for Grantee's agreement to comply with the provisions
outlined in sections A and B below, does hereby surrender, quitclaim and release to:
The City of Santa Clarita, a municipal corporation ("Grantee"),
all of the County's right, title and interest in and to the described real property, ("Property")
excepting all oil, gas, coal, hydrocarbons, minerals, mineral rights asphaltum and
hydrocarbon substances as previously reserved in various deeds of record. And
excepting all right, title and interest in and to the water, water rights or interest therein
appurtenant or relating to the Property. But without reserving any right for Grantor to
enter upon the surface of land.
The Property is located in unincorporated area planned for annexation by the City of
Santa Clarita, County of Los Angeles, State of California, and is further legally described
in Exhibit A incorporated herein by reference as though set forth in full.
A. SUBJECT TO GRANTEE'S ASSUMPTION OF:
1. All taxes, interest, penalties and assessments of record, if any.
2. Covenants, conditions, restrictions, reservations, easements, rights, and
rights -of -way of record, if any.
3. The Preservation Covenant attached as Exhibit B.
HOA.103768241.1 Page 1 of 3, plus Exhibits
4. Los Angeles County Regional Park and Open Space District Grant
Agreement for Project number P-129-16-2596 ("Tesoro Adobe
Improvement Project").
5. The County's rights and responsibilities under the Reciprocal Joint Use
Agreement and Conservation Easement attached as Exhibit D.
B. SUBJECT TO THE FOLLOWING CONDITIONS:
1. The condition that the Property is to be maintained for public recreation,
park, historic preservation, or open space purposes only.
2. The condition that the Property shall be equally open and available to
residents of incorporated and unincorporated territory, and there shall be no
discrimination against or preference, gratuity, bonus or other benefits given
to residents of incorporated area not equally accorded residents of
unincorporated territory.
3. In the event that the Grantee is not in compliance with any of these
conditions, then all right, title, and interest in and to the Property shall revert
back to the County of Los Angeles upon providing a thirty (30) day notice to
owner in possession of its failure to comply with these restrictions and
without any necessity of any other affirmative action on the part of the
County of Los Angeles.
IN WITNESS WHEREOF, the Grantor has executed this Quitclaim Deed as of
GRANTOR:
County of Los Angeles
Bv:
Supervisor Holly Mitchell
Chair, Board of Supervisors
APPROVED AS TO FORM:
DAWYN R HARRISON
Acting, County Counsel
By:
Depu y
ATTEST:
DEAN C. LOGAN
Register-Recorder/County Clerk
By:
Deputy
HOA.103768241.1 Page 2 of 3, plus Exhibits
QUITCLAIM EXHIBITS:
Exhibit A: Legal Description for the Property
Exhibit B: Preservation Covenant
HOA.103768241.1 Page 3 of 3, plus Exhibits
QUITCLAIM
Exhibit A
LEGAL DESCRIPTION OF PROPERTY
Lot 5 of Tract 51644-05 in the County of Los Angeles, State of California, as per
map recorded in Book 1273, Pages 7 through 16, inclusive, of Miscellaneous Records
(Maps) in the Office of the County Records of said County.
HOA.103766657.1
QUITCLAIM
Exhibit B
Preservation Covenant
The undersigned Grantee hereby covenants on behalf of itself, its successors and assigns, to preserve
and maintain those certain historical structures, located on the Property described on the Grant Deed to which
this Preservation Covenant is attached (the "Historical Site"), consisting of an adobe ranch house, three other
adobe structures and one wood -frame structure (the "Historical Structures"), each identified in a StructurkA
Evaluation Report for Tesoro del Valle Project, Clougherty Ranch, dated April 4, 1996, prepared by
kqv-
Green and Associates, Inc., as such Historical Structures have been relocated and rehabilitated b ,
order to preserve and enhance those qualities that make the Historical Structures eligible f ' lu the
National Register of Historical Places and to provide public access to the Historical Si is enant and
the covenants listed below shall be binding servitudes upon the Historical Site and ed to run with
the land.
(1) Except for ordinary maintenance and repair, no constru i , n, remodeling, demolition or
other action ("alterations") shall be undertaken unless such o stent with the Secretary of the
Interior's Standards for Rehabilitation.
(2) Grantee will take prompt action as a re re the Historical Structures from the
elements, vandalism, or arson and will ization. Grantee will make every effort to
retain or reuse, to the extent practica e, is es.
(3) Grantee shall a al' to Historic Preservation Officer ("SHPQ"), a written summary
of actions taken 1 i s of this Preservation Covenant within one (1) year after the
effective dat of al. Structures.
(4) Graff may mfor good cause any or all of the foregoing restrictions.
(5) Grantee shall make the Historical Site open to the public on a regular and continuous basis in response
to public demand for said access, but in no event less than twelve (12) days per year, and at such other times by
appointment to permit persons affiliated with educational organizations, professional architectural associations
and historical societies to study the Historical Structures. Any such public admission may be subject to
restrictions as reasonably designed for the protection and maintenance of the Historical Structures. Such
admission may also be subject to a reasonable fee.
(6) In the event of damage resulting from casualty, as defined in Section 165(c)(3) of the Internal Revenue
Code, which is of such magnitude and extent as to render repairs or reconstruction of the Historical Structures
using all applicable insurance proceeds impractical or infeasible, then
W Grantee may elect to repair or reconstruct the Historical Structures using insurance
proceeds, donations or other funds received by Grantee on account of such casualty, but otherwise at its own
expense; or
(ii) Grantee may elect to salvage any portion of the Historical Structures and remove them
from the Historical Site. In the event that all of the Historical Structures shall be removed from the Historical
Site, the Historical Site shall be subject to the supervisory powers over charitable trusts held by the State of
California Attorney General under California law. It shall be the responsibility of the Attorney General to
appoint a viable entity capable of fulfilling the terms and conditions of this Preservation Covenant.
Exhibit B, Page 1 of 2
HOA.103766657.1
This covenant is binding on Grantee, its successors and assigns, in perpetuity. The restrictions,
stipulations, and covenants contained herein shall be inserted by Grantee, its successors and assigns, verbatim
or by express reference in any deed or other legal instrument by which it divests itself of either the fee simple
title or any lesser estate in the Historical Site, or any part thereof. To the fullest extent permitted by law and
equity, Grantor and its successors in office shall have the right to enforce the foregoing covenants. Grantor and
its successors in office shall be entitled to institute legal action to enforce performance and observance of these
covenants, enjoin acts which violate these covenants, and exercise any other legal or equitable right or remedy
with respect to covenants. These rights and remedies may be exercised separately or in connection.
Exhibit B, Page 2 of 2
i
HOA.103766657.1
TRANSFER AGREEMENT
EXHIBIT B
Tesoro Adobe Improvement Project Grant Agreement
Los Angeles County Regional
Park and Open Space District
Grant Agreement for Project number P-129-16-2596
HOA.103766657.1
TRANSFER AGREEMENT
EXHIBIT B
CITY OF SANTA CLARITA CERTIFICATE OF ACCEPTANCE
This is to certify that the attached interest in real property conveyed by the Quitclaim
Deed dated 2022, by the COUNTY OF LOS ANGELES,
a body corporate and politic, to the CITY OF SANTA CLARITA, a municipal
corporation and/or government agency, is hereby accepted by the undersigned officer
or agent on behalf of the City Council of the City of Santa Clarita, and the grantee
consents to the recordation thereof by its duly authorized officer.
Dated:
Approved as to Form:
By:
City Attorney
Dated:
HOA.103775743.1
ASSIGNMENT AND ASSUMPTION
OF
GRANT AGREEMENT
This ASSIGNMENT AND ASSUMPTION OF GRANT AGREEMENT (Assignment), dated
for reference purposes only as , is made by and among the LOS
ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (District), a
California Special District; Grantee (Los Angeles County Department of Parks and
Recreation), a government organization; and Assignee (City of Santa Clarita, a general
law city.
RECITALS
A. On June 7, 2016, Grantee and the District entered into Grant Agreement P129-16-
2596 (Grant Agreement), for the Tesoro Adobe Improvements Project which consisted of
rehabilitation of the Ranch House Museum and other park buildings; purchase and
installation of utilities, finishes; and related improvements. (Project).
B. Due to the transfer of ownership of the park facility, Grantee wishes to assign its
obligations under the Grant Agreement to Assignee. Assignee has agreed to accept the
assignment and assume the obligations as Grantee under the Grant Agreement. The
District is willing to consent to this assignment and assumption subject to the terms and
conditions of this Assignment.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by
reference into this Assignment, Grantee, Assignee, and the District hereby agree to the
following:
1. Assignment and Assumption. Grantee hereby assigns, conveys and transfers
to Assignee all right, title, interest, and obligations as Grantee under the Grant
Agreement. Assignee hereby accepts such assignment and assumes and agrees to be
bound by all of the terms and provisions of the Agreement and assumes all obligations of
Grantee arising under the Grant Agreement.
2. Consent to Assignment, Assumption and Release. District consents to the
assignment by Grantee to Assignee and to the assumption by Assignee of all rights, title,
interest and obligations as Grantee under the Grant Agreement.
3. Use of Real Property. It is the intent of the parties that the Property shall be used,
operated, maintained and managed in accordance with the Grant Agreement. The
property shall not be sold, transferred, exchanged or otherwise conveyed (including any
portion of it or any interest in it) (each, a "Transfer") except in compliance with Sections
D.9 and D.10 of the Grant Agreement.
4. Effectiveness of Assignment. This Assignment shall be deemed effective as of the
date executed by the last of the parties to do so (the effective date) and shall be binding
upon and inure to the benefit of the permitted successors and assigns of the respective
parties. Except as otherwise specifically provided in this Assignment, the rights and
obligations of Grantee, Assignee, and the District shall be those set forth in the Grant
Agreement.
5. Counterparts. The Parties may execute this Agreement in two or more counterparts,
which shall, in the aggregate, be signed by all the Parties; each counterpart shall be
deemed an original instrument as against any party who has signed it. In the event of
any disparity between the counterparts produced, the recorded counterpart shall be
controlling.
IN WITNESS WHEREOF, District, Grantee, and Assignee have executed this
Assignment and Assumption of Grant Agreement as set forth below.
Dated:
Dated:
Dated:
LOS ANGELES COUNTY REGIONAL PARK
AND OPEN SPACE DISTRICT, a California
Special District
:
Christina Angeles
District Administrator
Los Angeles County Department of Parks and
Recreation, a government organization (Grantee)
[Name]
[Title]
City of Santa Clarita, a general law city
(Assignee)
[Name]
[Title]
APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting, untyt nsel:
By:
Deputy
LOS ANGELES COUNTY
REGIONAL PARK AND
OPEN SPACE DISTRICT
S10 South Vermont Avenue • Room 230 • Los Angeles • CA 90020-197S
June 21, 2016
Francine Choi, Grants Section Head
County of Los Angeles Dept. of Parks and Recreation
433 South Vermont Avenue
Los Angeles, CA 90020
Dear Ms. Choi:
County of Los Angeles — Proposition A
Grant Project Executed Agreement
Tesoro Adobe Improvement Project
Project number P129-16-2596
RPOSD.lacounty.gov
Parks Projects. Iacounty.org
twitter.com/RPOSD
(213) 738-2981
Enclosed is the executed Project Agreement V-16 that extends the performance end date
to December 31, 2017, states the project scope and the grant amount to $100,000.
Please submit all remaining documents to the District before the expiration date or notify
me promptly if there will be a delay.
If you have any questions, I may be reached at (213) 351-5096 or email me
shsi @parks. lacounty.gov
Sincerely,
��N+vj
Suzie Hsi
Program Manager
Grants Section
Enclosure (1 original)
Attachment A
Project Agreement-V16
Page 1 of 10
PROJECT AGREEMENT416
Los Angeles County Regional Park and Open Space District Grant
(From the Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth
Recreation, Beaches and Wildlife Protection ("the 1992 Proposition"), which voters approved on November 3, 1992; and
Los Angeles County Proposition A, Safe Neighborhood Parks Act ("the 1996 Proposition"), which voters approved on
November 5, 1996.
Grant No.: P129-16-2596
The Grantee listed below ("Grantee") and the Los Angeles County Regional Park and Open Space District ("the District")
do hereby enter into this Project Agreement-V16 ("this Agreement"), and under the terms and conditions of this
Agreement, Grantee agrees to complete the project as described in the Description of the Project and the District, acting
through the Director of the County of Los Angeles Department of Parks and Recreation and pursuant to the Propositions,
agrees to fund the project up to the total grant amount indicated.
Grantee: LA County - Parks & Recreation
Project Name: Tesoro Adobe Improvements Project
Grant Amount: One hundred thousand dollars ($100,000.00)
Awarded pursuant to Funding Identification Code(s): 4. I. 5. A.
Description of Project:
The scope of work consists of rehabilitation of the Ranch House Museum and other park buildings; purchase and
installation of utilities, finishes, fixtures; and related improvements.
Project Performance Period: FROM: 12/15/2015 TO: 12/31/2017
Project Agreement-V16
Page 2 of 10
Special Provisions
General Provisions
A. Definitions
1. The term "Grantee" as used herein means the party described as Grantee on Page 1 of this Agreement and any
future successor(s).
2. The term "Application" as used herein means the individual application, and its required attachments, for the
grant identified on Page 1 of this Agreement.
3. The term "Board of Supervisors" means the County of Los Angeles Board of Supervisors, acting in its capacity as
the governing body of the District.
4. The term "District" as used herein means the Los Angeles County Regional Park and Open Space District. Unless
otherwise specified herein, the Director of the County of Los Angeles Department of Parks and Recreation shall
administer this contract on behalf of the District.
5. The term "Procedural Guide" as used herein means the Procedural Guide(s), and any subsequent amendments or
changes thereto, issued by the District for grants awarded pursuant to the section(s) of the Propositions as
described on Page 1 of this Agreement.
6. The term "Project" as used herein means the Project that is described on Page 1 of this Agreement.
7. The term "Propositions" as used herein means Los Angeles County Proposition A, Safe Neighborhood Parks, Gang
Prevention, Tree -Planting, Senior and Youth Recreation, Beaches and Wildlife Protection, which voters approved
on November 3, 1992 and Los Angeles County Proposition A, Safe Neighborhood Parks, which voters approved
on November 5, 1996.
B. Project Execution
1. Subject to the availability of grant monies from the Propositions, the District hereby grants to the Grantee a sum
of money (grant monies) not to exceed the amount stated on Page 1 in consideration of, and on the condition
that the sum be expended in carrying out, the purposes set forth in the Description of Project on Page 1 and
under the terms and conditions set forth in this Agreement, the Propositions (see Attachment A) and the
attached Application (see Attachment B).
Grantee agrees to furnish any additional funds that may be necessary to complete the Project. Grantee agrees to
budget and appropriate annually, in each fiscal year until completion of the Project, an amount equal to the total
estimated cost of the Project less the grant amount stated on Page 1 of this Agreement.
2. Grantee agrees to complete the Project in accordance with the time of Project performance as set forth on Page
1, and under the terms and conditions of this Agreement and the Procedural Guide. ,The time of Project
performance may be extended upon mutual agreement, in writing, of the Grantee and District. The
requirements of the Propositions and of this Agreement last in perpetuity and may be enforced by the District at
any time.
3. Grantee shall comply as lead agency with the California Environmental Quality Act, Public Resources Code,
Section 21000, et. seq. Prior to submitting requests for reimbursement of actual construction or acquisition
costs, Grantee agrees to file with the District a copy of the Mitigated Environmental Impact Report or Negative
Declaration along with a response from the State Clearinghouse, if required; and a copy of the Notice of
Determination filed with, and stamped by, the County Clerk; or, if the Project is categorically exempt, then a copy
of the Notice of Exemption filed with, and stamped by, the County Clerk, or at the District's sole discretion, other
written certification of exemption as deemed acceptable by the District.
Project Agreement-V16
Page 3 of 10
4. Grantee agrees that, prior to incurring actual development and/or acquisition costs, it will submit all requested
development and/or acquisition documents to the District for prior review and approval.
5. Grantee shall use monies allocated in this Agreement, to the maximum extent practical, to employ youth from
the community in which the Project is being carried out. Grantee is encouraged, and has authority to use said
monies, to provide funding through agreements with community conservation corps, the California Conservation
Corps and other community organizations, particularly when youth can be employed to work on restoration or
rehabilitation projects being carried on in their own communities. Such agreements shall be entered into solely
for the accomplishment of the Project described on Page 1 of this Agreement.
Therefore, prior to requesting reimbursement for actual construction, development or acquisition costs, Grantee
must submit a report to the District describing its efforts to employ youth in the community. The report shall
contain, at a minimum, the number and approximate age of youth to be employed at each stage of the Project, a
description of the work the youth will perform, the process by which the youth shall be employed, the amount
the youth will be paid and, the name of any organizations or agencies that will supply youth to be employed on
the Project, as well as a description of Grantee's efforts to employ youth in every stage of the Project.
Grantee must comply fully with all State and Federal laws regarding the employment of youth on the Project.
Notwithstanding the above, the District reserves the right to establish goals for the employment of youth if, in
the District's opinion, it is necessary to do so in order to accomplish the purposes of the Propositions.
6. Grantee agrees to file with the District copies of any contracts or agreements executed for work on the Project.
Grantee further agrees that it will make a good faith effort to recruit and promote minority -owned and women -
owned businesses to participate in the process for the award of any contracts or agreements executed for work
on the Project.
Therefore, when filing with the District a copy of any contract or agreement for work on the Project, said copy
will be accompanied, at a minimum, by a description of the process used for identifying minority and women
contractors or vendors; a list of firms from which the Grantee solicited or received offers; and comparative
statistics regarding the minority and women participation and percentage of minority and women ownership of
each contractor and subcontractor working on the Project. In addition, said copy will be accompanied by a
statement affirming that, on final analysis and consideration of award, contractor or vendor was selected without
regard to race, color, creed or gender, unless City, State or Federal laws and/or regulations or court decisions
require otherwise, in which case the Grantee will state the applicable reason. Grantee further agrees to retain
on file, and to make available to the District on request, statistical information regarding the minority and
women participation and percentage of minority and women ownership in each firm participating in the bidding
process.
7. Grantee agrees to secure completion of the development work in accordance with the approved development
plans and specifications or force account schedule.
8. Grantee agrees to permit the District to make periodic site visits to determine if development and/or work is in
accordance with the approved plans and specifications, or force account schedule, including a final inspection
upon Project completion.
9. Any modification or alteration in the Project, as set forth in the Application on file with the District, must be
submitted, in writing, to the District for prior approval. No modification shall be effective until and unless the
modification is executed by both Grantee and the District.
10. If the Project includes acquisition of real property, Grantee agrees to comply with Chapter 16 (commencing with
Section 7260) of Division 7 of Title 1 of the Government Code and any applicable federal, state, or local laws or
ordinances. Documentation of such compliance will be made available for review upon the District's request.
11. If the Project includes acquisition of real property, Grantee agrees to furnish the District preliminary title reports
respecting such real property or such other evidence of title that the District determines to be sufficient.
Project Agreement-V16
Page 4 of 10
Grantee agrees in negotiated purchases to correct, prior to or at the close of escrow, any defects of title that in
the opinion of the District might interfere with the operation of the Project. In condemnation actions, such title
defects must be eliminated by the final judgment.
12. If the Project includes landscaping, Grantee shall use drip irrigation systems and shall use drought -resistant or
xerophytic trees, plants, lawn or sod, unless Grantee can show, to the District's satisfaction, that it is infeasible to
do so.
13. To the maximum extent feasible, grantee shall cause to be recorded on the title of any real property acquired
and/or developed with funds from the Propositions, a deed restriction requiring compliance with the
Propositions and this Agreement, in perpetuity.
C. Project Costs
The grant money provided under this program may be disbursed as follows:
1. If the Project includes acquisition of real property, the District may disburse to Grantee the grant monies as
follows, but not to exceed, in any event, the District grant amount set forth on Page 1 of this Agreement:
a. When acquisition is by negotiated purchase, the District may disburse the amount of the District -approved
purchase price together with District -approved costs of acquisition. The District -approved purchase price
shall not exceed the value contained in a valid appraisal report, unless the District agrees, in advance, to the
higher price.
b. When acquisition is allowed pursuant to the Propositions through eminent domain proceedings, the District
may disburse the amount of the total award, as provided for in the final order of condemnation, together
with District -approved costs of acquisition. Grantee shall bear all costs and make all advances associated
with obtaining an order of immediate possession in an eminent domain proceeding.
c. In the event Grantee abandons such eminent domain proceedings, Grantee agrees that it shall bear all costs
in connection therewith and that no grant monies shall be disbursed for such costs.
2. If the Project includes development, after the completion of the Project or any phase or unit thereof, the District
will disburse funds to Grantee only after the District has reviewed and approved all requested development
documents and has received from Grantee a statement of incurred costs. The District may disburse funds in the
amount of District -approved incurred costs shown on such statement, but not to exceed the District grant
amount set forth on Page 1 of this Agreement, or any remaining portion of the grant amount.
The statements to be submitted by Grantee shall set forth in detail the incurred costs of work performed on
development of the Project and whether performance was by construction contract or by force account.
Statements shall not be submitted more frequently than once a month, unless the District requests otherwise.
The District must approve modifications of the development plans and specifications and/or force account
schedule prior to any deviation from the District -approved plans and specifications, and/or force account
schedule, unless previously authorized by the District.
The District may retain up to ten (10) percent of the grant amount pending project completion and verification
that the Grantee has satisfied all terms and conditions of this Agreement. Within three (3) months of Project
completion, Grantee must submit final project documents. The District will not make final payment, including
but not limited to the ten percent retention, until it has received all closing documents from the Grantee and has
made a final Project inspection. At the District's discretion, the District also may perform an audit of Grantee's
Project expenditures before final payment is made. Nothing in this section precludes the District from
performing an audit of Project expenditures at a later date in accordance with Section I of this Agreement.
D. Project Administration
1. Grantee agrees to promptly submit any reports that the District may request. In any event, Grantee shall provide
Project Agreement-V16
Page 5 of 10
to the District a report showing total final Project expenditures.
2. Grantee agrees that property and facilities acquired or developed pursuant to this Agreement shall be available
for inspection upon the District's request in perpetuity.
3. Grantee agrees to use any monies disbursed by the District under the terms of this Agreement solely for the
Project herein described.
4. Any non -recreational use of a Project must be preapproved in writing by the District, and if approved, Grantee
agrees that any gross income earned from such non -recreational uses of a Project shall be used for recreation
development, additional acquisition, operation or maintenance at the Project site, unless the District approves
otherwise in writing.
5. Grantee also agrees that any gross income that accrues to a grant -assisted development Project during and/or as
part of the construction, from sources other than the intended recreational uses, also shall be used for further
development of that particular Project, unless the District approves otherwise in writing.
Grantee agrees to submit for prior District review and approval any and all existing or proposed operating
agreements, leases, concession agreements, management contracts or similar arrangements with non-
governmental entities, and any existing or proposed amendments or modifications thereto, as they relate to the
project or the project site in perpetuity.
Grantee further agrees not to enter into any contract, agreement, lease or similar arrangement, or to agree to
any amendment or modification to an existing contract, agreement, lease or similar arrangement, that, in the
District's opinion, violates federal regulations restricting the use of funds from tax-exempt bonds.
6. Grantee agrees that, upon entering into any contract for the construction, maintenance, operation or similar
activity related to the Project, Grantee will require said contractor to carry adequate insurance required by the
District and naming the District as an additional insured. In addition, said insurance must require that Grantee
and the District be given thirty (30) days advance written notice of any modification or cancellation of said
insurance. Grantee agrees to submit proof of such insurance to the District for its prior approval.
7. Grantee and District will conform to the requirements of Government Code Section 6250, et seq. in making all
documents relating to this Agreement, the grant obtained and all other related matters available for public
review during regular business hours. In the case that the Project involves acquisition of property, however, both
the District and Grantee may withhold from public review any and all documents exempted under Section 6254,
subsection (h), prior to completion of said acquisition.
In the event that the District is required to defend an action on a Public Records Act request for any of the
contents of an Grantee's submission under the terms and conditions of the Agreement, Grantee agrees to
defend and indemnify the District from all costs and expenses, including attorneys' fees, in any action or liability
arising under, or related to, the Public Records Act.
8. In order to maintain the exclusion from gross income for federal income tax purposes of the interest on any
bonds, notes or other evidences of indebtedness issued for the purpose of providing the grant monies made
available in this Agreement, Grantee covenants to comply with each applicable requirement of Section 103 and
Sections 141 through 150, inclusive, of the Internal Revenue Code of 1986, as amended. In furtherance of the
foregoing covenant, Grantee hereby agrees that it will not, without the prior written consent of the District, (a)
permit the use of any portion of the Project by any private person or entity, other than on such terms as may
apply to the public generally; or (b) enter into any contract for the management or operation of the Project or
any portion thereof, except with a governmental agency or a nonprofit corporation that is exempt from federal
income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
9. If Grantee receives the prior permission of the District, acting through the Board, to sell or otherwise disposes of
property acquired or developed with grant monies provided under this Agreement, Grantee shall reimburse the
District in an amount equal to the greater of 1) the amount of grant monies provided under this Agreement; 2)
Project Agreement-V16
Page 6 of 10
the fair market value of the real property; or 3) the proceeds from the portion of the property acquired
developed, improved, rehabilitated or restored with grant monies.
If the property sold or otherwise disposed of with the prior permission of the District, acting through the Board of
Supervisors, is less than the entire interest in the property originally acquired, developed, improved,
rehabilitated or restored with the grant monies, then Grantee shall reimburse the District an amount equal to the
greater of: 1) an amount equal to the proceeds; or 2) the fair market value.
10. With the written consent of the District, the Grantee may transfer property acquired, developed, improved,
rehabilitated or restored with funds granted under this Agreement to another public agency; to a nonprofit
organization authorized to acquire, develop, improve or restore real property for park, wildlife, recreation, open
space, or gang prevention and intervention purposes; or to the National Park Service, provided that any
proposed successor agrees to assume the obligations imposed under the Propositions and to accept assignment
of this Agreement. Under these conditions, the Grantee shall not be required to reimburse the District as
described in Section D, Paragraph 10 of this Agreement. Any such transfer must require the nonprofit or public
entity acquiring the property to enter into a written agreement with the District and agreed to comply with the
terms of the Propositions and this Agreement.
E. Project Completion and Enforcement
1. Grantee may unilaterally rescind this Agreement at any time prior to the commencement of the Project. After
Project commencement, this Agreement may be rescinded, modified or amended only by mutual agreement in
writing.
2. Failure by the Grantee to comply with the terms of this Agreement, or any other agreement established pursuant
to the Propositions, may be cause for suspension or termination of all obligations of the District hereunder.
3. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for the suspension of all
obligations of the District hereunder if, in the judgment of the District, such failure was beyond the reasonable
control of the Grantee. In such case, any amount required to settle, at minimum cost, any irrevocable obligations
properly incurred shall be eligible for reimbursement under this Agreement.
4, The Grantee's full compliance with the terms of this Agreement will have significant benefits to the District, and
to the property and quality of life therein, through the preservation and protection of beach, wildlife, park,
recreation and natural lands of the District, provision of safer recreation areas for all residents, prevention of
gangs, development and improvement of recreation facilities for senior citizens, the planting of trees,
construction of trails, and/or restoration of rivers and streams. Because such benefits exceed, to an
immeasurable and un-ascertainable extent, the amount of grant monies that the District furnishes under the
provisions of this Agreement, the Grantee agrees that payment by the Grantee to the District of an amount equal
to the amount of the grant monies disbursed under this Agreement by the District would be inadequate
compensation to the District for any breach by the Grantee of this Agreement. The Grantee further agrees,
therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the
specific performance of this Agreement, with an injunction against any breaching conduct, unless otherwise
agreed to by the District. Nothing in this Section shall limit in any way the District's legal or equitable remedies
under this Agreement or any other remedy available by law. No delay or omission by the District in the exercise
of any right or remedy upon any breach by Grantee shall impair in any way the District's right to enforce the
terms of this Agreement, nor be construed as a waiver.
S. Grantee and the District agree that, if the Project includes development, final payment may not be made until
the Project conforms substantially with this Agreement and is a usable public facility.
6. Grantee and each County lobbyist or County lobbying firm, as defined in Los Angeles County Code Section
2.160.010, retained by Grantee, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code
Chapter 2.160. Failure on the part of Grantee or any County lobbyist or County lobbying firm to fully comply with
the County Lobbyist Ordinance shall constitute a material breach of this Agreement, upon which the District may
Project Agreement-V16
Page 7 of 10
terminate or suspend this Agreement.
7. if the District brings an action to enforce the terms of this Agreement, the Grantee shall be responsible to pay the
District's reasonably attorney's fees and costs, including expert witness costs, if the District prevails in said action.
F. Payment of Funds
1. Grantee may request reimbursement from the District for eligible expenses, which the Grantee has properly
incurred and paid, no more frequently than every thirty (30) days. Grantee shall submit reimbursement requests
on District -provided Payment Request Forms, including the applicable attachments.
All Payment Request Forms should be sent to:
Los Angeles County
Regional Park and Open Space District
510 South Vermont Avenue, Room 230
Los Angeles, California 90020
2. Grantee should submit its payment request prior to the fifteenth day of the month to receive reimbursement
within four to six weeks. The District may hold Payment Request Forms received after the fifteenth of the month
until the next month, which may result in reimbursements being delayed.
3. The District may withhold a portion of the amount of reimbursement if, in the opinion of the District, an
expenditure is not eligible under the terms and conditions of this Agreement, the Propositions, the Application or
the Procedural Guide. In such cases the District shall notify the Grantee of the amount of expenditures declared
ineligible and the reason(s) for the ineligibility. Grantee, within thirty (30) days of notification, may dispute the
District's decision, in writing, to the District and provide records and/or documentation to support its claim. The
District shall review the information and/or documentation provided and will notify Grantee of its final
determination. If Grantee fails to dispute the findings, in writing, within the thirty day period, than the Grantee
shall have waived its right to dispute the findings.
G. Hold Harmless and Indemnification
Grantee shall indemnify, defend and hold the District harmless from and against any and all liability to any third
party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, the
performance of this Agreement or the planning, arranging, implementing, sponsoring or conducting of the
Project or any other operation, maintenance or activity by the Grantee. Grantee agrees to defend and indemnify
the District from all costs and expenses, including attorney's fees, in any action or liability arising under this
Agreement or the planning, arranging, implementing, sponsoring or conducting of the Project or any other
operation, maintenance or activity by the Grantee.
2. The District shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee.
3. Grantee and District agree that the liability of the District hereunder shall be limited to the payment of the grant
monies pursuant to the terms and conditions of this Agreement and the Procedural Guide. Any contracts
entered into, or other obligations or liabilities incurred by, the Grantee in connection with the Project or
otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and the District shall have no
obligation or liability whatsoever thereunder or with respect thereto.
H. Independent Grantee
This Agreement is by and between the Los Angeles County Regional Park and Open Space District and Grantee and is
not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint
venture or association between the District and Grantee.
I. Financial Records
Project Agreement-V16
Page 8 of 10
1. Grantee agrees to maintain satisfactory financial accounts, documents and records for the Project and to make
them available to the District for auditing at reasonable times. Grantee also agrees to retain such financial
accounts, documents and records for five (5) years following Project termination or completion.
Grantee and the District agree that during regular office hours, each of the parties hereto and their duly
authorized representatives shall have the right to inspect and make copies of any books, records or reports of the
other party pertaining to this Agreement or matters related thereto. Grantee agrees to maintain, and make
available for District inspection, accurate records of all its costs, disbursements and receipts with respect to its
activities under this Agreement and the use of any property acquired under this Agreement in perpetuity.
Z. Grantee agrees to use an accounting system that complies with generally accepted accounting principles.
3. At any time during the term of this Agreement or at any time within five years after the expiration or prior
termination of this Agreement, authorized representatives of the District may conduct an audit of Grantee for
the purpose of verifying appropriateness and validity of expenditures that Grantee has submitted to the District
for reimbursement under the terms of this Agreement. If said audit reveals expenditures that cannot be verified
or that were paid in violation of the terms of this Agreement, the Propositions or the Procedural Guide, the
District may, at its discretion, reduce the grant amount by an amount equal to these expenditures.
Grantee, within thirty (30) days of notification that an audit has resulted in the exception of expenditures, may
dispute the audit findings in writing to the District and provide the District with records and/or documentation to
support the expenditure claims. The District shall review this documentation and make a final determination as
to the validity of the expenditures.
If Grantee has received all grant monies prior to the audit, or if remaining grant monies are insufficient, and if
said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this
Agreement, the Propositions or the Procedural Guide, Grantee shall pay the District an amount equal to these
expenditures within sixty (60) days after receiving written notification of the expenditures disallowed and the
reason for the disallowance.
Notwithstanding Government Code Section 907, in the event that Grantee fails to repay the District in full for the
amount of excepted expenditures, the District may offset an amount equal to the excepted expenditures from
any monies that may be due to Grantee under the terms and conditions of the Propositions. Through the
execution of this Agreement, Grantee waives its rights under Government Code Section 907.
J. Use of Facilities
1. Grantee agrees to use the property acquired or developed with grant monies under this Agreement only for the
purpose for which it requested District grant monies and will not permit any other use of the area, except as
allowed by prior specific act of the Board of Supervisors as governing body of the District and consistent with the
terms and conditions of the Propositions and this Agreement.
Z. Grantee agrees to maintain and operate in perpetuity the property acquired, developed, rehabilitated or
restored with grant monies, subject to the provisions of the Propositions. With the District's prior written
approval, the Grantee, or its successors in interest in the property, may transfer the responsibility to maintain
and operate the property in accordance with the Propositions to a nonprofit or government entity.
3. Grantee agrees to take all reasonable measures to actively oppose, at its sole expense, any proposal or attempt
to act upon, exercise, or assert claims as to reserved rights to the grant funded property that are contrary to the
purposes of the Propositions, Procedural Guide and or this Agreement, including but not limited to oil, gas, and
other hydrocarbon substances; minerals; water; and/or riparian resources. The above notwithstanding, Grantee
has no obligation hereunder to initiate litigation challenging any project or proposal based on a reserved right
lawfully recorded against the grant funded property in real property records maintained by the Los Angeles
County Recorder's Office.
4. Grantee agrees to provide for reasonable public access to lands acquired in fee with grant monies, including the
Project Agre e m e nt-V16
Page 9 of 10
provision of parking and public restrooms, except where that access may interfere with resource protection.
K. Nondiscrimination
1. The Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age,
religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of
residence in the use of any property or facility acquired or developed pursuant to this Agreement.
All facilities shall be open to members of the public generally, except as noted under the special provisions of the
Project Agreement.
L. Incorporation by Reference
The Application and its required attachments, including the Assurances, and any subsequent change or addition
approved by the District, is hereby incorporated in this Agreement as though set forth in full. The Procedural Guide,
and any subsequent changes or additions thereto, and the Proposition also are hereby incorporated in this
Agreement as though set forth in full.
M. Severability
If any provision of this Agreement, or the application thereof, is held invalid, that invalidity shall not affect other
provisions or applications of the Agreement that can be given effect without the invalid provision or application, and
to this end the provisions of this Agreement are severable.
No provision of this Agreement, or the application thereof, is waived by the failure of the District to enforce said
provision or application thereof.
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Project Agreement-V16
Page 10 of 10
IN WITNESS WHEREOF, Grantee and District have caused this Agreement to be executed by their duly authorized
representatives as of the latter day, month and year written below.
GRANTEE:
By: 'A ---
signature of Authorized Representative
Title: JYGCY%'lr Lts'/�Cl �P✓e, "if
Date:
LOS ANGELES COUNTY
REGIONAL PARK & OPEN SPACE DISTRICT:
By: 1,4)14
Director, Parks and Recreation
Date: /— h &
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
By:
—LLL n. � k � (�--
CHRISTINA A. SALSEDA
Principal Deputy County Counsel
Grant No.: P129-16-2596
'�o
n
Attachmeiat A
Los Angeles County Proposition A
Safe Neighborhood Parrs, Gang Prevelation, Tree Planting, Senior and Youth Recreation,
Beaches and Wildlife Protection
Approved by Los Angeles County voters on November 5, 1996
FINAL TEXT AS AMENDED ON JUNE 18, 1996
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES, ACTING AS THE LEGISLATIVE BODY OF THE LOS
ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT,
LEVYING AN ADDITIONAL ASSESSMENT WITHIN THE DISTRICT,
AMENDING THE METHOD OF ASSESSMENT, AND AUTHORIZING THE
EXPENDITURE OF DISTRICT REVENUES FOR ANY AUTHORIZED
PURPOSE, SUBJECT TO APPROVAL BY THE COUNTY ELECTORATE
WHEREAS, the County of Los Angeles (the "County") has serious unmet needs for park,
recreation, youth and senior facilities, and for positive recreational alternatives for at -risk youth
to assist in gang prevention and intervention efforts, and contains irreplaceable park, recreation,
beach, wildlife and natural open space land; and
WHEREAS, on November 3, 1992, sixty-four percent (64%) of voters within the County
voting on the matter authorized formation of the Los Angeles County Regional Park and Open
Space District (the "District"), the levy of a benefit assessment within the District, and a plan of
expenditure of the proceeds of such assessment; and
'WHEREAS, the Board of Supervisors of the County, acting as the legislative body of the
District (the "Board"), finds and determines that the development, acquisition, improvement,
restoration and maintenance of parks, recreational, cultural and community facilities and open
space lands within the District confer a direct and special benefit to all parcels within the District
by improving economic, environmental and recreational conditions resulting in maintained or
enhanced property values; and
WHEREAS, the Board further finds and determines that the public interest and
convenience require, and that it is in the best interest of the residents of the County, that an
additional assessment be levied within Landscaping and Lighting District No 92-I, which is
coterminous with the District, to fund the purposes of the District consistent with the plan of
expenditure set forth in the Engineer's Report referred to below; and
WHEREAS, the County has many unique natural lands and is rich in biological diversity,
and it is necessary and important that these natural resources be protected permanently and
restored for the purposes of conserving biological diversity, protecting the health of the County's
environment and for the enjoyment of this and future generations; and
WHEREAS, the Board further finds and determines that in order to provide for a more
equitable apportionment of the assessment among the several properties within the District, the
portion of any vacant parcel, and the vacant portion of any partially improved parcel, in excess of
two and one-half acres shall not be assessed, and it is necessary and appropriate to amend the
method of assessment to reflect the foregoing change in the method of assessment of vacant or
partially improved parcels which are greater than two and one-half acres in size, as detailed in the
Engineer's Report referred to below; and
WHEREAS, the Board further finds and determines that it is in the best interest of the
residents of the County to permit the District to expend any of its funds for any authorized
purpose of the District, including the application of proceeds derived from the original
assessment within the District to the plan of expenditure for the additional assessment set forth in
this resolution, and vice versa; and
WHEREAS, a public hearing on the matters set forth in this resolution was called and
held on June 13, 1996, and this resolution shall not take effect unless and until the question of
approval of the matters set forth herein shall have been submitted to the electorate of the County
and approved by a majority of voters voting on the question;
NOW, THEREFORE, BE 1T RESOLVED by the Board of Supervisors of the County of
Los Angeles, acting as the governing body of the Los Angeles County Regional Park and Open
Space District, as follows:
Section 1. (a) This resolution is adopted pursuant to Section 5539.9(d)(2) of the Public
Resources Code of the State of California (the "State"). The Board hereby adopts and approves
the final engineer's report relating to the Additional Assessment (the "Engineer's Report") and
filed with the Executive Officer -Clerk of the Board. The Additional Assessment shall be levied
within the District at a rate not to exceed the amount set forth in the Engineer's Report, in
accordance with the Engineer's Report and this resolution. The Engineer's Report describes the
boundaries of the assessment district, the locations of certain of the improvements to be funded
by the District, the method and rationale for spreading the proposed Additional Assessment in
proportion to the benefit received by each lot or parcel of land within the District, and the
proposed amendments to the method of assessment. The Engineer's Report is by this reference
incorporated herein as though set forth in full at this place.
Section 2. As used in this resolution, the following terms have the indicated meanings:
"Additional Assessment" means the assessment levied within the District pursuant to this
resolution.
"Board" is used as defined in the recitals to this resolution.
"County" is used as defined in the recitals to this resolution.
"Department of Beaches and Harbors" means the Department of Beaches and Harbors of
the County,
"Department of Children and Family Services" means the Department of Children and
Family Services of the County.
"Department of Natural History Museum" means the Department of Natural History
Museum of the County.
"Department of Parks and Recreation" means the Department of Parks and Recreation of
the County.
"Department of Public Works" means the Department of Public Works of the County.
"District" is used as defined in the recitals to this resolution.
"Engineer's Report" is used as defined in Section 1 of this resolution.
"Financial Consultant" is used as defined in the Master Indenture, and also includes the
independent auditing firm described in Section 21(i).
"Master Indenture" means the Master Indenture of Trust dated as of May 1, 1994,
between the District and the Auditor -Controller of the County, as fiscal agent.
"Natural Lands" means an area of relatively undeveloped land which (a) has substantially
retained its characteristics as provided by nature or has been substantially restored, or which can
be feasibly restored to a near -natural condition and which derives outstanding value from its
wildlife, scenic, open space, parkland or recreational characteristics, or any combination thereof,
or (b) meets the definition of open -space land in Section 65560 of the California Government
Code.
"1992 Assessment" means the assessment levied within the District pursuant to the 1992
Order.
"1992 Order" means the order of the Board, as amended on March 17, 1992, and
approved by the voters of the County on November 3, 1992, pursuant to which the District was
formed and the first assessment levied therein.
"Nonprofit Organization" means any charitable organization described in Section
501(c) (3) of the Internal Revenue Code of 1986, as amended, which has among its purposes the
provision of park, recreation or community services or facilities, gang prevention and
intervention, tree -planting, or the conservation and preservation of wetlands or of lands
predominantly in their natural, scenic, historical, forested or open -space condition, or restoration
of lands to a natural, scenic, historical, forested or open -space condition.
"Park" means a tract of land with scenic, natural, open -space or recreational values, set
apart to conserve natural, scenic, cultural, historical or ecological resources for present and future
3
generations, and to be used by the public as a place for rest, recreation, education, exercise,
inspiration or enjoyment.
"Parks Fund" means the Los Angeles County Regional Park and Open Space District
Park Fund, into which all revenue generated by the District is required to be deposited, in
accordance with Section 21(e) of this resolution and Sections 21(c) and (d) of the 1992 Order.
"Public Agency" means any governmental agency established pursuant to the laws of the
State that is authorized to acquire, develop, improve and restore real property for beach, wildlife,
park, recreation, community, cultural, open space, water quality, or gang prevention and
intervention purposes.
"State" is used as defined in Section 1 of this resolution.
"State Lands Commission" means the Lands Commission of the State of California.
Section 3. The following funds shall be awarded for the purposes set forth below, in
amounts not to exceed the following:
(a) Sixty-nine million fifty thousand dollars ($69,050,000) to the County for the
acquisition, development, improvement, restoration or rehabilitation of real property for
recreational facilities, parks and park safety, gang prevention, senior citizen recreation facilities,
wildlife habitat, natural lands, improvement of Santa Monica Bay, multi -use sports facilities,
lakes, fishing and boating facilities, trails, rivers and streams, significant ecological areas,
equestrian facilities, and museums and cultural facilities, in accordance with the following
schedule:
(1) Fifty-one million fifty thousand dollars ($51,050,000) to the
Department of Parks and Recreation for the acquisition, development, improvement,
restoration or rehabilitation of real property for parks, recreation, wildlife habitat or
natural lands in accordance with the following schedule:
A. One hundred thousand dollars ($100,000) for general improvements, including
landscape and/or irrigation, at Amigo Park.
B. Six hundred thousand dollars ($600,000) for improvements to County parks in
accordance with the Americans with Disabilities Act.
C. Three hundred fifty thousand dollars ($350,000) for acquisition and/or
preservation of wetland habitat in the Antelope Valley, including interpretive
exhibits, public facilities and/or restoration.
D. Five hundred thousand dollars ($500,000) for development of soccer facilities
and/or general park improvements at Belvedere Park.
E. Seventy thousand dollars ($70,000) for security improvements at Bethune Park.
F. One million two hundred thousand dollars ($1,200,000) for rehabilitation of the
swim beach and/or general park improvements at Bonelli Regional Park.
G. Three hundred thousand dollars ($300,000) for development and improvement of
recreation facilities, including development a multi -purpose recreation facility, at
Burton Park.
H_ Three hundred thousand dollars ($300,000) for improvements to the community
center at Campanella Park.
I. Two hundred fifty thousand dollars ($250,000) for general park improvements
including security, landscape and/or irrigation improvements at Castaic Sport
Complex,
J. One million seven hundred thousand dollars ($1,700,000) for rehabilitation of
swim beach and/or general park improvements to the recreation and park facilities
at Castaic Lake.
K. Two million ten thousand dollars ($2,010,000) for expansion, development,
and/or rehabilitation of facilities serving senior citizens or to comply with the
Americans With Disabilities Act (ADA) at parks in the Central area of the County
including, but not limited to Athens, Del Aire, and Keller Park.
L. One million three hundred ninety-six thousand dollars ($1,396,000) for renovation
and/or general improvements to park and recreation facilities at Cerritos Park.
M. Two million dollars ($2,000,000) for development and/or general improvements,
including development of gymnasium/community activity facility, at City Terrace
Park.
N. Two hundred fifty thousand dollars ($250,000) for security and/or general
improvements at Devils Punchbowl.
0. One million six hundred fifty thousand dollars ($1,650,000) for expansion,
development, and/or rehabilitation of facilities serving senior citizens or to
comply with the Americans With Disabilities Act (ADA) at parks in the East Los
Angeles and San Gabriel Valley areas including, but not limited to, Avocado
Heights, Basset, Salazar, Atlantic Blvd., and/or Belvedere.
P. One million seven hundred thousand ($1,700,000) for development, rehabilitation
and/or general improvements at El Cariso Park.
Q. One million five hundred thousand dollars ($1,500,000) for rehabilitation and/or
general park improvements at Franklin D. Roosevelt Park.
R. Two million two hundred seventy-four thousand dollars ($2,274,000) for
development of community recreation facilities and/or general improvements to
the facilities at Gunn Avenue Park.
S. One million dollars ($1,000,000) for renovation of campground and/or general
park improvements at Hart Regional Park.
T. One million five hundred thousand dollars ($1,500,000) for development of
regional pool facilities and/or other park improvements at Jackie Robinson Park.
U. One million seven hundred forty-eight thousand dollars ($1,748,000) for
development, rehabilitation and/or other general park improvements at Jesse
Owens Park.
V. One million five hundred thousand dollars ($1,500,000) for general renovation
and improvements to facilities at John Anson Ford Theatre.
W. One million three hundred ten thousand dollars ($1,310,000) for renovation
and/or general improvements at La Mirada Park.
X. Four hundred thousand dollars ($400,000) for development and/or general
improvements at Ladera Park.
Y. One hundred twenty-five thousand dollars ($125,000) for development and/or
improvement of recreational facilities at Lake Los Angeles which are open and
accessible to the public.
Z. Five hundred thousand dollars ($500,000) for development, improvements and/or
expansion at Lennox Park.
AA. One million two hundred thousand dollars ($1,200,000) for development of
gymnasium/community activity facility and/or general improvements at Loma
Alta Park.
BB. Five hundred fifty thousand dollars ($550,000) for rehabilitation, renovation,
development and/or general improvements at Los Robles Park.
CC. Six hundred thousand dollars ($600,000) for development of sports complex
and/or general improvements at Magic Johnson Park.
DD. Eight hundred ten thousand dollars ($810,000) for rehabilitation and/or general
improvements at Manzanita Park.
EE. Two hundred thousand dollars ($200,000) for improvements to the campground at
Marshall Canyon Regional Park.
FF. Two hundred fifty thousand dollars ($250,000) for rehabilitation of park facilities
at Mona Park.
GG. Three million seven hundred thousand dollars ($3,700,000) for acquisition,
development, rehabilitation and/or general improvements of parks, natural lands
and/or recreation facilities in the North County area, including but not limited to
George Lane and Charles White Parks, and including but not limited to, the
communities of Acton, Altadena, Littlerock and Pearblossom.
HH. One million five hundred thousand dollars ($1,500,000) for development of
regional pool facilities and/or other park improvements at Pamela Park.
II. Two hundred thousand dollars ($200,000) for refurbishment of picnic areas and
camp grounds and/or general improvements at Peck Park.
JJ. Five hundred thousand dollars ($500,000) for acquisition, development, security
improvements and/or general improvements at Placerita Canyon County Park,
KK. One hundred twelve thousand dollars ($112,000) for development and/or general
improvements at Rogers Park.
U. Three hundred thousand dollars ($300,000) for development, refurbishment,
rehabilitation and/or general improvements at Rosas Park.
MM. One hundred thousand dollars ($100,000) for refurbishing hard courts and/or
lighting at Rowland Heights Park.
NN. One hundred thousand dollars ($100,000) for development and/or general
improvements to facilities at San Dimas Park.
00. Five hundred thousand dollars ($500,000) for refurbishment and development
and/or general improvements at Santa Fe Dam Park.
PP. Seven hundred thirty thousand dollars ($730,000) for rehabilitation and
development at Ume Grove and/or other general park improvements at
Schabarum Park.
QQ. Eight hundred thousand dollars ($800,000) for general improvements at facilities
serving senior citizens in accordance with the following schedule:
i. Two hundred fifty thousand dollars ($250,000) for general improvements
and/or rehabilitation of senior citizen facilities in the North County.
ii. Five hundred fifty thousand dollars ($550,000) for general improvements
and/or rehabilitation of senior citizen facilities in the East Los Angeles
area, the San Gabriel Valley, and the Puente Hills area of the County.
RR. Two million one hundred sixty thousand dollars ($2,160,000) for accessibility
improvements, general development, and rehabilitation of park and recreation
facilities serving senior citizens, youth and/or at -risk youth in the Puente Hills and
South County areas, including, but not limited to, Trailview, Country Wood and
Blevins Parks.
SS. Four hundred seventy thousand dollars ($470,000) for rehabilitation and/or
general improvements at Steinmetz Park.
TT. One hundred fifty thousand dollars ($150,000) for improvement and/or general
restoration of trails in the north county.
UU. Two million dollars ($2,000,000) for development, improvement, and/or
rehabilitation of urban park facilities serving the community, youth and/or at -risk
youth in densely populated, highly urbanized areas in the Central area of the
County including, but not limited to, the communities of Athens, Watts,
Willowbrook, and Florence.
VV. One million six hundred fifty thousand dollars ($1,650,000) for development,
improvement, and/or rehabilitation of urban park facilities serving the community,
youth and/or at -risk youth in densely populated, highly urbanized areas in the East
Los Angeles area and the San Gabriel Valley.
WW. Six hundred seventy-five thousand dollars ($675,000) for acquisition,
development and improvement of active sports fields at Val Verde Park.
XX. One million two hundred thousand dollars ($1,200,000) for development of nature
center/museum, and/or general improvements at Vasquez Rocks Regional Park.
YY. Five hundred thousand dollars ($500,000) for development and/or general
improvements at Victoria Park.
ZZ. Three hundred sixty thousand dollars ($360,000) for refurbishment of the pool
and/or facilities at Washington Park.
AAA. Two hundred thousand dollars ($200,000) for general park and/or security
improvements at the Whittier Narrows Nature Center.
BBB. Three million three hundred thousand dollars ($3,300,000) for refurbishment,
development, expansion and/or general improvements at Whittier Narrows Park.
(2) Seven million dollars ($7,000,000) to the Department of Parks and
Recreation for grants to Public Agencies and Nonprofit Organizations throughout the
District on a competitive basis for trails, senior citizen facilities, urban tree planting,
graffiti prevention, rivers and streams, and acquisition and/or restoration of natural lands.
(3) Seven million dollars ($7,000,000) to the Department of Parks and
Recreation for grants to Public Agencies and Nonprofit Organizations throughout the
District on a competitive basis for acquisition, construction, development and/or
improvement of at -risk youth recreation and service facilities throughout the District for
gang prevention purposes.
(4) Four million dollars ($4,000,000) to the Department of Public
Works for capital outlay projects to restore and improve the Santa Monica Bay by
measurably reducing the toxicity of and/or pollutant load in urban runoff to the Bay, and
in accordance with the criteria set forth in Section 9 of this resolution.
(b) Ninety-five million six hundred fifty thousand dollars ($95,650,000) for the
acquisition, development, improvement, restoration or rehabilitation of real property for regional
beaches, recreational facilities, parks and park safety, gang prevention, senior citizen recreation
facilities, wildlife habitat, natural lands, State parks, trail and river systems, mountain ranges and
canyons, significant ecological areas, and museums and cultural facilities in accordance with the
following schedule:
(1) Eight million dollars ($8,000,000) to the Department of Beaches
and Harbors to acquire, develop or improve facilities to enhance beaches and public
access, improve water quality, rehabilitate or restore existing facilities and improve the
safety of beach facilities along the sixty miles of coastline within the County, at County -
owned or operated beaches.
(2) Eleven million dollars ($11,000,000) to the Department of Parks
and Recreation for acquisition of lands for park, wildlife, natural and open space
purposes, and for development of related recreation facilities and public access in the
Baldwin Hills, including an amount not less than seven million dollars ($7,000,000) for
acquisition of lands.
(3) One million dollars ($1,000,000) to the City of Los Angeles for
improvement and development of the Cabrillo Marine Aquarium in accordance with
Cabrillo Marine Aquarium Master Plan.
(4) Three hundred fifty thousand dollars ($350,000) to the Department
of Parks and Recreation for development and improvements at Descanso Gardens.
(5) Twelve million dollars ($12,000,000) to the California Museum of
Science and Industry for land acquisition and improvements within Exposition Park and
for improvements to the California Museum of Science and Industry in accordance with
the California Museum of Science and Industry Exposition Park Master Plan, including
an amount not less than eight million five hundred thousand dollars ($8,500,000) for the
development and restoration of lands for park, recreational, community and open space
use, and for walkways, tree-planting.and landscape improvements, all within Exposition
Park, including an amount not less than two million dollars ($2,000,000) for active
recreation facilities; an amount not more than two million dollars ($2,000,000) for the
improvement, development, renovation and rehabilitation of facilities, including
exhibition spaces, at the California Museum of Science and Industry in accordance with
the California Museum of Science and Industry Master Plan; and an amount not less than
one million dollars ($1,000,000) for the improvement, development, renovation and
rehabilitation of facilities at the California Afro-American Museum.
(6) Eighteen million dollars ($18,000,000) to the Department of Parks
and Recreation for the development, improvement, restoration and rehabilitation of the
Hollywood Bowl, including rehabilitation of facilities and aging infrastructure,
improvement of public access and facilities and improvement of access for persons with
disabilities, in accordance with the approved Hollywood Bowl Master Plan, and/or for
grants to qualified Nonprofit Organizations for these purposes.
(7) One million four hundred fifty thousand dollars ($1,450,000) to the
Department of Parks and Recreation for the improvement, restoration and rehabilitation
of the Los Angeles Arboretum, and/or for grants to qualified Nonprofit Organizations for
these purposes.
(8) Five million dollars ($5,000,000) to the Department of Natural
History Museum for the improvement, development, restoration and/or rehabilitation of
facilities of the Los Angeles County Natural History Museum, including development of
exhibition space, and/or for grants to qualified Nonprofit Organizations for these
purposes.
(9) Twelve million dollars ($12,000,000) to the Mountains Recreation
and Conservation Authority (MRCA) for the acquisition, development, improvement and
restoration of lands along the Los Angeles River, Tujunga Wash, Verdugo `]Nash,
Pacoima Wash, Arroyo Seco, and Compton Creek, and other tributaries of the Los
10
Angeles River as may be included by the Board, consistent with the Los Angeles County
Los Angeles River Master Plan, for the purposes of providing recreational opportunities
and public access, developing trails for walking, hiking, bicycling, and equestrian use,
and restoring natural habitat for wildlife, along the entire length of the Los Angeles River
and its tributaries (as defined in this paragraph). The MRCA shall consult with the
Department of Public Works and the supervisorial districts through whose boundaries the
Los Angeles River flows in developing the list of projects to be considered for
expenditure of the funds pursuant to this paragraph and to be submitted to the Board for
approval. The Department of Public Works shall review each proposed project for
consistency with the Los Angeles River Master Plan and with the flood control plan of
the Los Angeles River, and shall provide its findings to the MRCA to be submitted to the
Board concurrently with projects submitted to the Board. The Board shall disapprove a
project that it finds to be inconsistent with the Los Angeles River Master Plan or that it
finds will negatively impact existing or proposed flood control projects. Not less than
four million dollars ($4,000,000) shall be allocated forprojects along the Los Angeles
River in the Cities of Maywood, Lynwood, Compton and Bell Gardens, including
projects along Compton Creek. First priority for all expenditures shall be given to land
acquisition projects which result in a net increase of park, recreation and open space
lands. No funds shall be expended on projects that could negatively impact any existing
or proposed flood control project as determined by the Board of Supervisors.
(10) Twelve million dollars ($12,000,000) to the City of Los Angeles
for the development, improvement and rehabilitation of the Los Angeles Zoo. The funds
shall be spent on the site of the Los Angeles Zoo and in accordance with the Los Angeles
Zoo Master Plan.
(11) Two million five hundred thousand dollars ($2,500,000) to the City
of Whittier for restoration and rehabilitation of the Pio Pico State Historic Park, in
accordance with the Pio Pico State Historic Park General Plan.
(12) One million dollars ($1,000,000) to the City of Santa Clarita for
the acquisition and development of lands for the Santa Clara River Park in accordance
with the Santa Clara River Water and Recreation Features Plan.
(13) One million three hundred fifty thousand dollars ($1,350,000) to
the Department of Parks and Recreation for general improvements to facilities at the
South Coast Botanical Gardens.
(14) Ten million dollars ($10,000,000) to the Wildlife Corridor
Conservation Authority for acquisition, improvement, and/or restoration of park and
natural lands in the Puente Hills Wildlife Corridor east of Colima Road.
(c) One hundred thirty-one million five hundred fifty thousand dollars ($131,550,000)
to the Department of Parks and Recreation for grants to incorporated cities within the District
11
and the County for the acquisition, development, improvement, rehabilitation or restoration of
real property for parks and park safety, senior recreation facilities, gang prevention, beaches,
recreation, community or cultural facilities, trails, wildlife habitat or natural lands in accordance
with the following schedule:
(1) Thirty-five million dollars ($35,000,000) for grants to all
incorporated cities within the District and to the County on a per parcel basis, including
funds on a per parcel basis to the County for the unincorporated area of the County.
(2) Ninety-six million five hundred fifty thousand dollars-
($96,550,000) for direct grants to cities in accordance with the following schedule:
A. Five hundred thousand dollars ($500,000) to the City of Agoura Hills for the
development of a regional community center and gymnasium in partnership with
the City of Calabasas.
B. Six hundred thousand dollars ($600,000) to the City of Alhambra for the
rehabilitation and development of a walking/jogging trail system at Almansor
Park.
C. Two hundred thousand dollars ($200,000) to the City of Arcadia for the
development and refurbishment of a soccer facility at Civic Center Park.
D. Five hundred thousand dollars ($500,000) to the City of Artesia for the
development of an at -risk youth recreation and service facility.
E. Three hundred fifty thousand dollars ($350,000) to the City of Avalon for
improvement of beaches and the recreational diving park at Casino Point in
accordance with the. Avalon Urban Waterfront Restoration Plan.
F. Two hundred thousand dollars ($200,000) to the City of Baldwin Park for the
rehabilitation and/or development of four regionally used sports fields.
G. Four hundred thousand dollars ($400,000) to the City of Bellflower for the
development of Bellflower's portion of the West Branch Greenway and Bikeway
project.
H. Two hundred fifty thousand dollars ($250,000) to the City of Beverly Hills for the
development and rehabilitation of Beverly Gardens Park.
1. Eight hundred thousand dollars ($800,000) to the City of Burbank for the
development of the Stough Canyon Nature Center Project and to develop and/or
improve camping facilities at Stough Canyon.
12
J. Five hundred thousand dollars ($500,000) to the City of Calabasas for the
development of a regional community center and gymnasium in partnership with
the City of Agoura Hills.
K. One million one hundred seventy-five thousand dollars ($1,175,000) to the City of
Claremont for the rehabilitation and development of a community center at the
Danbury School site.
L. One million dollars ($1,000,000) to the City of Covina or to the agency
responsible for the operation of Charter Oak Park for development and
improvement of Charter Oak Park.
M. Four million two hundred thousand dollars ($4,200,000) to the City of Cudahy, in
cooperation with the City of South Gate, for acquisition, improvement, and
provision of public access for the Los Angeles River Recreation and Sports
Complex adjacent to the Los Angeles River, and for restoration of riparian habitat.
N. One million six hundred twenty-five thousand dollars ($1,625,000) to the City of
Culver City for development of the Culver City Senior Center.
0. Three hundred thousand dollars ($300,000) to the City of Downey for the
rehabilitation and improvement of facilities at Rio San Gabriel Park.
P. Four hundred thousand dollars ($400,000) to the City of Duarte for rehabilitation
of the Duarte Regional Teen Center in partnership with the City of Bradbury.
Q. One million five hundred thousand dollars ($1,500,000) to the City of El Monte
for the development and improvement of the Community Center/Swimming Pool
Complex.
R. Two hundred fifty thousand dollars ($250,000) to the City of Gardena for the
improvement and rehabilitation of park facilities at Rowley Park.
S. One million six hundred thousand dollars ($1,600,000) to the City of Glendale for
the development of the new Senior/Adult Recreation multi -purpose center.
T. One million four hundred thousand dollars ($1,400,000) to the City of Glendora in
accordance with the following schedule:
i. Nine hundred thousand dollars ($900,000) for the development of a
regional teen center.
ii. Five hundred thousand dollars ($500,000) for the acquisition of wildlife
lands and natural habitat in the Glendora Wildlife Corridor.
13
U. Two hundred fifty thousand dollars ($250,000) to the City of Hawaiian Gardens
for the expansion, improvement, and rehabilitation of the Lee Ware Community/
Aquatics Facility.
V. Five hundred seventy-five thousand dollars ($575,000) to the City of Hawthorne
for the development of Memorial Center Gymnasium.
W. One million dollars ($1,000,000) to the City of Hermosa Beach for the
development, expansion and rehabilitation of the Hermosa Beach Municipal Pier
and Waterfront Plaza.
X. One million seven hundred twenty-five thousand dollars ($1,725,000) to the City
of Inglewood for the development, improvement and rehabilitation of Centinela
Park.
Y. One million dollars ($1,000,000) to the City of La Mirada for the development of
a Community/Senior Citizen Center.
Z. Seven hundred thousand dollars ($700,000) to the City of La Puente for the
development, improvement and/or rehabilitation of the La Puente Park
Community Center with emphasis on facilities for at -risk youth and other
community youth.
AA. Six hundred thousand dollars ($600,000) to the City of Lakewood in accordance
with the following schedule:
i. Three hundred thousand dollars ($300,000) for the rehabilitation of
athletic safety field lights at three regionally used city facilities.
ii. Three hundred thousand dollars ($300,000) for the development and
rehabilitation of multipurpose courts at the following city parks: Boyar,
Bloomfield, Bolivar, Del Valle and San Martin.
BB. One million eight hundred thousand dollars ($1,800,000) to the City of Lancaster
in accordance with the following schedule:
i. Eight hundred thousand dollars ($800,000) for the development of the
Lancaster Regional Sports Complex.
ii. One million dollars ($1,000,000) for the acquisition of prune desert
woodland habitat and the development of public access to the Lancaster
Prime Desert Woodland Preserve.
14
CC. Two hundred seventy-five thousand dollars ($275,000) to the City of La Verne to
develop and improve the La Verne Regional Sports Parks.
DD. One hundred seventy-five thousand dollars ($175,000) to the City of Lawndale for
the expansion and rehabilitation of Jane Addams Park.
EE. Nine million nine hundred thousand dollars ($9,900,000) to the City of Long
Beach in accordance with the following schedule:
i. Five hundred thousand dollars ($500,000) for the development and
rehabilitation of Belmont Pier.
ii. Two million dollars ($2,000,000) for the rehabilitation of Belmont Plaza
Pool including development of security. systems.
iii. Three million five hundred thousand dollars ($3,500,000) for the
development of the Park on Golden in downtown Long Beach.
iv. Three million nine hundred thousand dollars ($3,900,000) for the
acquisition, development and improvement of Westside Park..
FF. Thirty million dollars ($30,000,000) to the City of Los Angeles in accordance
with the following schedule:
i. One million dollars ($1,000,000) to improve and restore natural habitat at
the Ballona Lagoon Marine Preserve in accordance with the Ballona
Lagoon Marine Enhancement Preserve enhancement plan.
ii. One million eight hundred thousand dollars ($1,800,000) for the
development and improvement of Cabrillo Marine Aquarium in
accordance with the Cabrillo Aquarium Master Plan.
iii. Two million dollars ($2,000,000) for the development and improvement of
Compton-SIauson Park.
iv. Five hundred thousand dollars ($500,000) for the acquisition and/or
development of lands for park purposes near Eagle Rock.
V. One million nine hundred thousand dollars ($1,900,000) for the
development and improvement of park and recreation facilities at Elysian
Park including trails, picnic facilities, playground and landscaping, in
accordance with the Elysian Park Master Plan, Bishop Canyon
Improvement Project.
15
vi. One million nine hundred thousand dollars ($1,900,000) for the
development, and/or rehabilitation of the Travel Town Locomotive
Pavilion at Griffith Park.
vii. One million eight hundred thousand dollars ($1,800,000) for the
development of facilities and/or improvements related to the swim lake at
Hansen Dam Recreation Area.
viii. Two million three hundred thousand dollars ($2,300,000) for the
development, improvement, and/or rehabilitation of Housing Authority
recreation facilities throughout the City of Los Angeles, including the San
Fernando Valley.
ix. Seven million dollars ($7,000,000) for acquisition, improvement,
development and/or rehabilitation of park, recreation, community and
open space lands and/or facilities, and/or for grants to Nonprofit
Organizations for these purposes. Funds shall only be spent in
communities which meet the following criteria: 1) densely -populated,
highly urbanized areas; 2) low per capita percentage of park, recreation,
community or open space lands or facilities; 3) high population of youth,
particularly at -risk youth, and where at least 25 percent of the community
is under 18 years of age; and 4) lack of other positive recreation
alternatives for youth. Expenditure of funds shall result in a net increase
of park, recreation, community or open space lands or facilities. Not less
than three million five hundred thousand dollars ($3,500,000) of these
funds shall be spent on acquiring land or facilities for the purposes
described in this paragraph. Priority shall be given to projects which have
matching funds, to densely -populated areas, projects which serve multiple
communities, or joint applications from Public Agencies and qualified
Nonprofit Organizations.
X. One million five hundred thousand dollars ($1,500,000) for development
and/or improvements at MacArthur Park including development of athletic
fields.
xi. Five hundred thousand dollars ($500,000) for the development and/or
restoration of trails in the Northern and*Northeast San Fernando Valley
connecting to the Angeles National Forest, to be expended by the Santa
Monica Mountains Conservancy as the Public Agency responsible for
implementation of the Rim of the Valley Trail Corridor pursuant to
subdivision (c) of Section 33204.3 of the Public Resources Code.
xii. Two million eight hundred thousand dollars ($2,800,000) for the
development, restoration and/or improvement of recreation facilities and
16
restoration of natural lands at the Sepulveda Basin Recreation Area,
including an amount not less than one million dollars ($1,000,000) for
bicycle trails connecting to Sepulveda Basin, excluding trails along the
Los Angeles River. Not less than one million dollars ($1,000,000) shall be
spent on restoration of the Sepulveda Basin Wildlife Area and the
development of a native plant/wildlife area west of the existing wildlife
area.
xiii. Four million dollars ($4,000,000) for the acquisition and improvement of
land for park and open space purposes adjacent to and in the vicinity of
Stoney Point in the San Fernando Valley, to be expended by the Santa
Monica Mountains Conservancy. Any unexpended portion of these funds
shall be used for acquisition of natural lands and open space within the
wildlife corridor between Brown's Canyon and the Santa Susana
Mountains unit of the State Park System.
xiv. One million dollars ($1,000,000) for development and/or improvement of
the Mid -Valley Senior Citizen Center in the San Fernando Valley.
GG. Nine hundred seventy-five thousand dollars ($975,000) to the City of Lynwood
for the development and improvement of Mervyn M. Dymally Congressional
Park.
HH. Seven hundred thousand dollars ($700,000) to the City of Malibu for the
rehabilitation and restoration of the Malibu Pier.
II. Five hundred thousand dollars ($500,000) to the City of Manhattan Beach for the
development and improvement of the Cultural Arts Community Center.
JJ. Five hundred thousand dollars ($500,000) to the City of Monrovia for the
development and rehabilitation of the Recreation Park Armory Facility.
KK. Four hundred fifty thousand dollars ($450,000) to the City of Montebello for the
development and rehabilitation of the City Park Aquatics Center.
LL. One million dollars ($1,000,000) to the City of Monterey Park for the
development and rehabilitation of Barnes Park.
MM. One million dollars ($1,000,000) to the City of Norwalk in accordance with the
following schedule:
Three hundred seventy five thousand dollars ($375,000) for the
development and improvements to Foster Street Greenbelt and Regional
Trail Connection.
17
ii. Six hundred twenty five thousand dollars ($625,000) for the development,
rehabilitation, and improvement to the Norwalk Aquatic Pavilion.
NN. Two million five hundred thousand dollars ($2,500,000) to the City of Palmdale
for the development of the Anaverde Basin/Sports Complex.
00. Five hundred thousand dollars ($500,000) to the City of Palos Verdes Estates for
the acquisition of land for coastal access, trails and other open space purposes.
PP. Three hundred thousand dollars ($300,000) to the City of Paramount for the
development of an at -risk youth center located at Progress Park.
QQ. One million nine hundred thousand dollars ($1,900,000) to the City of Pasadena
in accordance with the following schedule:
i. One million dollars ($1,000,000) for the development and rehabilitation of
Hahamonga Watershed Park in accordance with the Hahamonga Park
Master Plan.
ii. Nine hundred thousand dollars ($900,000) for the development and
rehabilitation of Brookside Park's Fannie Morrison Facility for the planned
Kidspace Museum.
RR. One million dollars ($1,000,000) to the City of Pico Rivera for the development
and rehabilitation of the Pico Rivera Community Center/Rio Hondo Park.
SS. Four million dollars ($4,000,000) to the City of Rancho Palos Verdes for the
acquisition of critical natural lands and wildlife habitat in the vicinity of
Portuguese Bend for preservation as open space.
TT. Three hundred thousand dollars ($300,000) to the City of Redondo Beach for the
rehabilitation, development and/or improvement of Seaside Lagoon.
UU. One million dollars ($1,000,000) to the City of Rolling Hills Estates for the
acquisition of natural lands, wildlife habitat, open space and/or equestrian
facilities.
VV. One million dollars ($1,000,000) to the City of Rosemead for the development of
Garvey Park Recreation Center.
WW. One hundred fifty thousand dollars ($150,000) to the City of San Dimas for the
development and rehabilitation of Horsethief Canyon Park Multi -Use Trail
System.
18
XX. Seven hundred thousand dollars ($700,000) for the City of San Fernando for the
development of the Youth Activities Center at Las Palmas Park.
YY. One million seven hundred thousand dollars ($1,700,000) to the City of San
Gabriel for the acquisition and/or development of park and recreation facilities
located adjacent to Smith Park.
ZZ. Two million dollars ($2,000,000) to the City of Santa Clarita for the development
and improvement of the Santa Clarita Valley Regional Park.
AAA. One million seven hundred thousand dollars ($1,700,000) to the City of Santa
Monica for the improvement and rehabilitation of beach and bluff areas to
improve access and to provide improvements for recreational activities. Funds
shall only be used for improvements to beach and park lands.
BBB. Two hundred fifty thousand dollars ($250,000) to the City of Signal Hill for the
development of hiking trails around Signal Hill.
CCC. Two hundred seventy-five thousand dollars ($275,000) to the City of South El
Monte for the development of boxing and weight room facilities at the Aquatics
and Community Fitness Center.
DDD. Four hundred thousand dollars ($400,000) to the City of South Gate for the
development and/or rehabilitation of an at -risk youth center at Hollydale Industrial
Park.
EEE. One million five hundred thousand dollars ($1,500,000) to the City of Torrance in
accordance with the following schedule:
i. Three hundred thousand dollars ($300,000) for the development of a
nature history center and improvements at Madrona Marsh Nature
Preserve.
ii. One million dollars ($1,000,000) for the development of the Sports
Complex in Charles H. Wilson Park.
iii. Two hundred thousand dollars ($200,000) for rehabilitation and
improvements to the Victor E. Benstead Plunge.
FFF. Four hundred thousand dollars ($400,000) to the City of Walnut for the
development of the Senior Citizens Activity Center.
19
GGG. One million one hundred thousand dollars ($1,100,000) to the City of West
Hollywood for the development and improvement of the Plummer Park Youth,
Senior and Community Center.
HHH. Three million dollars ($3,000,000) to the City of Whittier in accordance with the
following schedule:
i. Five hundred thousand dollars ($500,000) for the development and
improvement of Parnell Park.
ii. Two million five hundred thousand dollars ($2,500,000) for the
acquisition of natural lands within the Whittier Hills Wilderness area for
preservation of wildlife and natural lands and to provide public access and
trails, to be expended by the Whittier -Puente Hills Conservation
Authority.
(d) Twenty-two million seven hundred fifty thousand dollars ($22,750,000) to the Santa
Monica Mountains Conservancy, pursuant to Division 23 of the Public Resources Code and the
provisions of this resolution, to acquire sensitive and critical mountain and canyon lands,
streams, wildlife lands, trails and scenic areas, and to develop parks, trails, public access, senior
facilities and camps for at -risk youth in mountain and canyon areas, including lands and areas in
the Santa Monica Mountains and the San Fernando Valley and San Gabriel Valley foothills,
including seventeen million seven hundred fifty thousand dollars ($17,750,000) for lands and
areas in the Santa Monica Mountains and including five million dollars ($5,000,000) for the
Santa Clarita Woodlands and/or the Rim of the Valley Trail Corridor, with first priority being
given to completion of the Santa Clarita Woodlands Park, and for grants to Nonprofit
Organizations pursuant to Section 33204.2 of the Public Resources Code.
Section 4. (a) The grant funds authorized pursuant to Section 3 shall be subject to the
District's existing application and disbursement guidelines and procedures to the extent
consistent with this resolution and as the same may be amended from time to time by the Board
consistent with this resolution, and to the guidelines and procedures set forth in this resolution.
The Department of Parks and Recreation shall continue to administer the District's grant
application and disbursement program, and all applicants for a grant disbursed pursuant to
Section 3 of this resolution shall submit an application to the Department of Parks and
Recreation for grant approval. The Department of Parks and Recreation shall notify all affected
Public Agencies as to the date when funds for grants under this resolution will be available,
which shall not be later than July 1, 1997.
(b) The recipient agency of funds for any specific identified project pursuant to this
resolution and the 1992 Order shall hold a public hearing regarding funding such specific
identified project, either individually or as part of a broader or more general public hearing prior
to said agency's application to the District for use of these funds.
20
Section S. (a) The grant funds authorized pursuant to subsection (c) (1) of Section 3 shall
be allocated to cities which were incorporated on or prior to June 30, 1996, and to the County
(representing the unincorporated area of the District), on the basis of each city's and the
unincorporated area's respective total number of parcels of land (all as of June 30, 1996). Such
figures shall be determined by the Los Angeles County Assessor.
(b) Individual applications for grants pursuant to subsection (c) (1) of Section 3 shall be
submitted to the Department of Parks and Recreation for approval as to conformity with the
requirements of this resolution. In order to utilize available grant funds as effectively as possible,
adjoining jurisdictions shall be encouraged to combine projects and submit joint applications.
(c) The minimum amount that an applicant may request for any individual project is
fifteen thousand dollars ($15,000). Any agency may allocate all or a portion of its per parcel
share to a regional or state project or another neighboring jurisdiction and all agencies shall be
encouraged to form partnerships with school districts for park and recreation purposes.
(d) Funds allocated to per -parcel grants pursuant to subsection (c) (1) of Section 3 shall
be available for expenditure not later than July 1, 1997. These funds shall be expended or
committed for expenditure by the recipient by June 30, 2001. Commencing on July 1, 2001, any
such grant funds under subsection (c) (1) of Section 3 which are not expended or committed to
expenditure by the recipient shall be available for allocation to one or more classes of
expenditures specified in Section 3 that the Board deems in its sole discretion to be of the highest
priority, consistent with the purposes of this resolution, and per parcel grant funds that were
originally allocated to incorporated cities shall only be spent within municipalities. Upon
reallocation by the Board, the original recipient of the funds shall have no further claim to the
funds.
(e) (1) Funds allocated to grants for specific identified projects pursuant to subsections
(a) M (b) excluding paragraph (9), and (c) (2) of Section 3 shall be available for expenditure not
later than July 1, 1997, and shall be expended or committed for expenditure by the recipient prior
to June 30, 2003. If these funds are not expended or committed for expenditure prior to June 30,
2003, then, after July 1, 2003 (except as provided in paragraph (2) of this subsection), the agency
to which the funds are originally allocated for a specific identified project may submit to the
Board an alternative plan for expenditure of the funds in accordance with the purposes of this
resolution within the city or area of the District in which funds were originally authorized to be
expended. The Board, in its capacity as governing body of the District, may approve the plan by
a majority vote. If the revised plan of expenditure is approved by the Board, the reallocated
funds shall be expended or committed to expenditure within three years after Board approval of
the new plan of expenditure, and if not so expended or committed to expenditure within such
three-year period, the funds shall be available to the Board for appropriation and expenditure
within one or more of the classes of expenditures specified in Section 3 that the Board deems in
its sole discretion to be of the highest priority, consistent with the purposes of this resolution.
21
The provisions of the foregoing paragraph shall also apply to funds allocated pursuant to
paragraph (9) of subsection (b) of Section 3, except that the date June 30, 2003, shall instead be
June 30, 2005.
(2) The agency to which funds are originally allocated under subsection (a) (1), (b)
excluding paragraph (9), and (c) (2) of Section 3 may submit to the Board an alternative plan for
expenditure of said funds prior to July 1, 2003, only if one or more of the following conditions
exists: (A) that due to natural disasters or other acts of nature the project is incapable of being
carried out at the original designated site; (B) if an acquisition project, that no lands are for sale
or can be acquired within the original designated project area; (C) that the original specific
identified project will be carried out using an alternate source of funds; or (D) that the original
specific identified project described in Section 3 of this resolution has been completed for less
than the amount allocated. The governing body of the recipient agency shall adopt a resolution
making findings that one or more of the above conditions exist and the agency shall submit such
resolution, together with detailed supporting documentation of such condition(s), to the
Department of Parks and Recreation.
The provisions of the foregoing paragraph shall also apply to funds allocated pursuant to
paragraph (9) of subsection (b) of Section 3, except that the date June 30, 2003, shall instead be
June 30, 2005.
(3) If funds allocated to grants for specific identified projects pursuant to subsections
(a) (1) and (c) (2) of Section 3 are not expended or committed for expenditure by the recipient
prior to June 30, 2003, and if an alternative plan for expenditure is not submitted to the Board
prior to June 30, 2004, these funds shall be available to the Board for appropriation and
expenditure within one or more of the classes of expenditures specified in Section 3 that the
Board deems in its sole discretion to be of the highest priority, consistent with the purposes of
this resolution.
Section 6. (a) Funds allocated to the City of Los Angeles pursuant to paragraphs (3) and
(10) of subsection (b) of Section 3, and to the City of Santa Clarita pursuant to paragraph (12) of
subsection (b) of Section 3 shall be subject to all of the provisions of this resolution which apply
to the funds allocated pursuant to subsection 3(c). Funds allocated to the City of Whittier
pursuant to paragraph (11) of subsection 3(b) shall be subject to all of the provisions of this
resolution which apply to the funds allocated pursuant to subsection 3(c), and the City of
Whittier shall demonstrate to the satisfaction of the Department of Parks and Recreation that the
State has authorized the City to expend such funds at the Pio Pico State Historic Park, and
provided that the City has obtained all necessary approvals for such project; if the City of
Whittier is unable to satisfy the conditions in this sentence, the funds shall be allocated for
expenditure within the Whittier Hills in accordance with Section 3 (c) (2) (HHH) (ii).
(b) If the City of Los Angeles elects to expend the funds allocated in subsection
(c) (2) (FF) (iii) of Section 3 pursuant to an agreement with another Public Agency, the District
shall grant these funds directly to said Public Agency, provided that the City of Los Angeles shall
22
certify the long-term recreational use of the improvements. The funds allocated to the City of
Los Angeles in subsection (c) (2) (FF) (iv) of Section 3 shall be expended by the Santa Monica
Mountains Conservancy as the public entity responsible for implementation of the Rim of the
Valley Trail Corridor Master Plan pursuant to subdivision (c) of Section 33204.3 of the Public
Resources Code.
Section 7. (a) The funds allocated in subsections (a) (2) and (a) (3) of Section 3 shall be
available as grants on a competitive basis to Public Agencies and Nonprofit Organizations. The
funds shall be encumbered by the recipient within three years of the date when such grants are
awarded. The Department of Parks and Recreation shall allocate a share of such competitive
funds for expenditure in the unincorporated area of the District using the same procedures
specified in subsection (a) of Section 5. The funds allocated pursuant to subsection (a) (2) of
Section 3 for competitive grant programs shall be divided equally among the respective purposes
specified therein, consistent with the procedures developed by the District for similar competitive
grant funds pursuant to the 1992 Order.
(b) Competitive funds allocated pursuant to Section 3 and the 1992 Order shall be made
available on a regular annual basis until all such funds are encumbered, and the Department of
Parks and Recreation shall notify affected Public Agencies and Nonprofit Organizations of the
availability of such funds. Organizations representing ten or more cities shall be given the
opportunity by the Department of Parks and Recreation to be fairly represented in the evaluation
process established by the Department of Parks and Recreation pursuant to the 1992 Order to
evaluate all competitive grant applications. For all competitive grants awarded pursuant to
Section 3 and the 1992 Order to Nonprofit Organizations and to Public Agencies from a city with
a population of 100,000 or less, costs eligible for reimbursement shall include reasonable costs of
preparation of documents needed to apply to the District for the grant, including costs of
biological assessments required pursuant to subsection (c) of Section 8, up to three percent (3%)
of the total grant amount awarded. In each year that competitive grant funds are available, an
amount not less than two and one-half percent (2.51/6) of funds available to the District in that
year for administrative purposes shall be expended by the District through grants or contracts to
independent firms or qualified Nonprofit Organizations for the purpose of providing a technical
assistance program to Public Agencies and Nonprofit Organizations throughout the District in
preparation of competitive grant requests. The District shall prepare said technical assistance
program for Board approval. The Board shall have the ability to adjust the percentage of funds
used for said purposes if it determines that the level of funding required to provide the Board -
approved technical assistance program is less than the stated percentage. Two hundred fifty
thousand dollars ($250,000) of the amount allocated for competitive grants for trails shall be
allocated to the Santa Monica Mountains Conservancy for expenditure within the Rim of the
Valley Trail Corridor, and two hundred fifty thousand dollars ($250,000) of the amount allocated
for competitive grants for trails shall be allocated to the Santa Monica Mountains Conservancy
for expenditure within the Santa Monica Mountains.
(c) All other criteria being equal, priority for allocation of any competitive grants under
this resolution shall be given to those cities, and to Nonprofit Organizations applying jointly with
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those cities, which are not designated recipients of funds for specific identified projects in
subsection (c) (2) of Section 3 of this resolution or subsection (b) (2) of Section 8 of the 1992
Order. Any city or Nonprofit Organization which would otherwise be entitled to a priority under
this subsection (c) shall not be entitled to such priority after it has been awarded a competitive
grant under this resolution or the 1992 Order.
(d) In awarding competitive grants, priority shall be given to those proposals which
provide for the employment of youth, and particularly at -risk youth, from the area in which the
proposed project is located, or which include or are to be administered by a Nonprofit
Organization with a demonstrated history of youth employment, gang prevention and
intervention, and training programs for at -risk youth, including local community conservation
corps and the California Conservation Corps. Such priority shall give due consideration to the
employment of female, as well as male, at -risk youth. In furtherance of this goal, the Board may
adopt such rules and regulations, and impose such conditions on the recipients of funds under
this resolution and the 1992 Order, as the Board may determine to be necessary or appropriate.
(e) One or more individual jurisdictions may enter into an agreement with one or more
Public Agencies or Nonprofit Organizations for the purpose of carrying out a grant pursuant to
this Section, subject to the requirements of Sections 10 and 11.
Section 8. (a) Funds allocated for competitive grants for rivers and streams pursuant to
subsection (a) (2) of Section 3 and the 1992 Order shall be available on a competitive basis as
grants to Public Agencies and Nonprofit Organizations for the restoration, rehabilitation or
acquisition of natural lands and the development of recreational resources along rivers and
streams in the County, including the Santa Clara, San Gabriel and Los Angeles Rivers or their
tributaries. These funds shall be used only for the acquisition and/or restoration of lands for
natural habitat, wildlife enhancement, and/or development of compatible recreational resources.
No less than sixty percent (60%) of funds available for competitive grants for rivers and streams
pursuant to subsection (a) (2) of Section 3 shall be used for acquisition, restoration and
rehabilitation of natural lands along these rivers and streams. Remaining funds shall be available
for development of recreational resources compatible with any existing or restored natural
habitat.
(b) Funds allocated for competitive grants pursuant to subsection (a) (3) of Section 3 shall
be available as competitive grants for at -risk youth recreation and service facilities only for
projects which demonstrate at least sixty percent (60%) usage of the facilities by at -risk youth.
The foregoing restriction shall also apply to funds allocated under the 1992 Order for competitive
grants for at -risk youth recreation and service facilities. Priority for these grants shall be given to
those applications which demonstrate equal attention to the specific needs of girls and boys. An
amount not less than five hundred thousand dollars ($500,000) shall be granted to the
Department of Children and Family Services for development and/or improvement of at -risk
youth recreation and service facilities at MacLaren Hall. An amount not less than two million
five hundred thousand dollars ($2,500,000) shall be allocated to the Mountains Recreation and
Conservation Authority for acquisition and development of an at -risk youth camp in the Whittier
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Puente Hills east of Colima Road for the use of, and accessible to, at -risk youth from densely -
populated, highly -urbanized areas with a high population of at -risk youth and with low per capita
percentage of park, recreation, community or open space lands or facilities.
. (c) Funds allocated for competitive grants for acquisition and/or restoration of natural
lands pursuant to subsection (a) (2) of Section 3 shall be available on a competitive basis as grants
to Public Agencies and Nonprofit Organizations for the acquisition, improvement and/or
restoration of natural lands including but not limited to coastal sage scrub, desert, coastal dunes,
coastal prairies, chaparral, vernal pools, oak woodlands, forests and native grasslands habitat.
Applications for these grant funds shall include a biological assessment of the site including
current and historical information, a restoration plan and a long-term habitat management plan.
Applicants shall provide documentation of consultation with experts in conservation biology and
natural habitat restoration and shall provide documentation that said plans and assessments have
been reviewed by these experts.
Section 9. (a) Funds authorized pursuant to subsection (a) (4) of Section 3 shall be
available for grants to Public Agencies and shall be expended only for capital outlay projects
which meet one or more of the following criteria: (1) protect public health in recreational waters;
(2) preserve and enhance the ecological integrity of significant watersheds containing Significant
Ecological Areas; (3) are Best Management Practices as defined in the Storm Water NPDES
permit for the County and approved by the Executive Officer of the Los Angeles Regional Water
Quality Control Board; and (4) reduce runoff into Santa Monica Bay where the runoff travels
across lands that contribute large amounts of toxic pollutants to the storm drain system, or
measurably reduce the toxicity of that runoff. Proposed projects shall be submitted to the
Regional Water Quality Control Board for review and approval.
(b) The Department of Public Works shall prepare, and submit to the Board for approval,
a timeline and proposed criteria and procedures for evaluating grants authorized pursuant to
subsection (a) (4) of Section 3 of this resolution (and subsection (a) (6) of Section 8 of the 1992
Order) no later than March 30, 1997. The Regional Water Quality Control Board shall in a
public process review and give final approval to the criteria and procedures for evaluating these
grants.
Section 10. No funds authorized under Section 3 may be disbursed to any recipient
unless the recipient agrees:
(a) To maintain and operate in perpetuity the property acquired, developed,
improved, rehabilitated or restored with the funds. With the approval of the granting
agency, the recipient or its successors in interest in the property may transfer the
responsibility to maintain and operate the property in accordance with this Section.
(b) To use the property only for the purposes of this resolution and to make no
other use, sale, or disposition of the property, except as provided in Section 11.
PAI
(c) Any beach, park or other public facility acquired, developed, rehabilitated or
restored with funds derived under this resolution shall be open and accessible to the
public without discrimination as to race, color, sex, sexual orientation, age, religious
belief, national origin, marital status, physical or medical handicap, medical condition, or
place of residence, to the extent consistent with the provisions of Section 13. The
recipient shall not discriminate against, or grant preferential treatment to, any person or
organization seeking to use such facility based upon the place of residence of such person
or the members of such organization.
(d) To comply with each applicable requirement of Section 103 and Sections 141
through 150 of the Internal Revenue Code of 1986, as amended, to the extent necessary to
maintain the exclusion from gross income for federal income tax purposes of the interest
on any bonds, notes, or other evidences of indebtedness issued to finance such
disbursement of funds to such recipient.
The conditions specified in paragraphs (a), (b), (c) and (d) of this Section shall not
prevent the transfer of property acquired, developed, improved, rehabilitated or restored with
funds authorized pursuant to Section 3 of this resolution from the recipient to another Public
Agency, to a Nonprofit Organization authorized to acquire, develop, improve, restore and/or
operate real property for park, wildlife, recreation, community, open space or gang prevention
and intervention purposes, or to the National Park Service, provided that any such successor to
the recipient assumes the obligations imposed by such conditions.
Section 11. (a) Before the use of any property acquired, developed, improved,
rehabilitated or restored through a grant pursuant to this resolution is changed to one other than a
use permitted under the category from which the funds were provided, or the property is sold or
otherwise disposed of, the recipient of said funds must hold a public hearing relative to such
proposed change in use or sale or other disposition of said property, and at the conclusion of such
public hearing, the recipient must adopt a finding that the proposed change in use or sale or other
disposition of said property will further the purposes of this resolution. If the recipient adopts
such a resolution and proceeds with the change in use or sale or other disposition of said
property, an amount equal to the greater of (1) the amount of the grant, (2) the fair market value
of the real property, or (3) the proceeds from the portion of such property acquired, developed,
improved, rehabilitated, or restored with the grant, shall be used by the recipient, subject to
Section 10, for a purpose authorized in the category to which the funds were originally allocated
or shall be reimbursed to the Parks Fund and be available for appropriation only for a use
authorized in that category.
If the property sold or otherwise disposed of is less than the entire interest in the property
originally acquired, developed, improved, rehabilitated or restored with the grant, an amount
equal to the proceeds or the fair market value of the property interest sold or otherwise disposed
of, whichever is greater, shall be used by the recipient, subject to Section 10, for a purpose
authorized in the category to which the funds were originally allocated or shall be reimbursed to
the Parks Fund and be available for appropriation only for a use authorized in that category.
26
(b) Nothing in this Section shall limit a grantee from transferring property acquired
pursuant to this resolution to the National Park Service or the State Park System, with or without
consideration.
Section 12. (a) All real property acquired pursuant to this resolution shall be acquired in
compliance with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the
California Government Code. Public Agencies and Nonprofit Organizations receiving funds
under this resolution shall certify compliance to the Department of Parks and Recreation. Funds
disbursed to a Public Agency under this resolution may be expended by that receiving Public
Agency, or by a joint exercise of powers entity established pursuant to Article 1 (commencing
with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code pursuant to an
agreement with such receiving Public Agency.
(b) For purposes of this resolution, the term "acquisition" includes gifts, purchases,
leases, easements, the exercise of eminent domain if expressly authorized, the transfer or
exchange of property of like value, transfers of development rights or credits, and purchases of
development rights and other interests.
(c) All grants, gifts, devises, or bequests to the District, conditional or unconditional, for
park, conservation, recreational, community, cultural, wildlife habitat, natural lands or other
purposes for which real property may be acquired or developed pursuant to this resolution, shall
be made in the name of the County and accepted and received on behalf of the District in the
name of the County by the Board. The grants, gifts, devises or bequests shall be available for
expenditure for the purposes specified in Section 3.
Section 13. Reasonable public access to lands acquired in fee with funds made available
pursuant to this resolution shall be provided except where that access may interfere with resource
protection. "Reasonable public access" includes, but is not limited to, parking and public
restrooms.
Section 14, All funds of the District allocated to projects which include tasks that can be
performed by youth, including but not limited to the rehabilitation, restoration and/or
development of beach, park, recreation, open space and/or natural lands, and recreation and
community facilities, shall be used to'the maximum extent feasible to employ at -risk youth from
the community in which the particular project is being carried out. In furtherance of the goal of
increasing employment opportunities for at -risk youth, the Board may adopt such rules and
regulations, and impose such conditions on recipients of funds under the 1992 Order and this
resolution, as the Board may determine to be necessary or appropriate.
Section 15. To the maximum extent feasible, Public Agencies and Nonprofit
Organizations shall be encouraged to use funds received pursuant to this resolution to provide
funding through agreements with community conservation corps, the California Conservation
Corps, and with other community organizations, particularly when youth can be employed to
27
work on restoration or rehabilitation projects being carried out in their own communities. Such
agreements shall be entered into solely for the accomplishment of the purposes set forth in this
resolution.
Section 16. Prior to recommending the acquisition of lands that are located on or near
tidelands, submerged lands, swamp or overflowed lands, or other wetlands, whether or not those
lands have been granted in trust to a local Public Agency, any agency receiving funds pursuant to
this resolution shall submit to the State Lands Commission any proposal for the acquisition of
those lands. The State Lands Commission may, at its discretion, within ninety (90) days after
such a submission, review the proposed acquisition, make a determination as to the States
existing or potential interest in the lands, and report its findings to the entity making the
submission and to the Department of Parks and Recreation.
Section 17. (a) Funds that are granted pursuant to Section 3 for the purposes of
development, improvement, rehabilitation and/or restoration shall be expended for these
purposes only on lands owned by the applicant Public Agency or Nonprofit Organization or
subject to a lease or other interest held by such Public Agency or Nonprofit Organization. If such
lands are not owned by the applicant or subject to such other interest held by the applicant, the
applicant shall first demonstrate to the satisfaction of the administering agency that the project
will provide public benefits commensurate with the type and duration of the interest in land held
by the applicant.
(b) No wetlands or riparian habitat acquired pursuant to this resolution shall be used as a
dredge spoil area or shall be subject to revetment which damages the quality of the habitat for
which the property was acquired.
(c) Any restoration of natural habitat lands restored pursuant to this resolution and the
1992 Order shall use only species native to California to the maximum extent feasible. Funds
allocated pursuant to Section 3 that are used for landscaping, planting trees or any other planting
projects shall use drip irrigation or other water conserving irrigation systems and shall use
drought -resistant or xerophytic trees, plants, lawn or sod, except when such use can be shown to
be infeasible. When projects involve the rehabilitation of existing irrigation systems or the
creation of new irrigation systems, reclaimed water should be used whenever possible and
priority shall be given to development of reclaimed water irrigation systems. Any recipient of
funds for planting on natural lands shall make every effort to use only plant species and
vegetation types which are appropriate to the local ecosystem of the site.
(d) Notwithstanding subsection (e) of this Section, the development of recreational
resources or facilities pursuant to this resolution and the 1992 Order shall not degrade the natural
values present or being restored along rivers, tributaries and wetlands, nor shall they be used for
flood control projects.
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(e) Any project funded pursuant to this resolution and the 1992 Order shall include
sufficient funds to mitigate damage done to natural lands as a result of said project as otherwise
required by law.
(f) No funds shall be used to pay for mitigation which is required to be carried out by
state or federal law in connection with a project or activity which is not funded pursuant to this
resolution or the 1992 Order.
Section 18. No provision of this resolution shall be construed as authorizing the
condemnation of publicly -owned lands.
Section 19. Funds provided to the Santa Monica Mountains Conservancy shall be held
and disbursed by the District and, upon application by the Conservancy, shall be expended solely
for projects approved by the Board, pursuant to such criteria as the Board may in its discretion
adopt; provided, that said funds shall be for projects identified in the annual work program of the
Conservancy transmitted to the Governor and the Legislature pursuant to paragraphs (1) and (2)
of subdivision (a) of Section 33208 of the Public Resources Code, as amended from time to time
after a noticed public hearing, and provided that the Board may disapprove a project in an
incorporated city only upon a finding that the acquisition or improvement of a project will
involve the acquisition of or access to a site identified or proposed for present or potential future
sanitary landfill purposes by the County, or involve any other land or project which may directly
or indirectly hinder or impact the ability of the County to use any site so identified for such
purposes. All land acquired in whole or in part with funds allocated to the Conservancy
hereunder shall be purchased from willing sellers, and in no event shall funds allocated to the
Conservancy hereunder be used to pay or reimburse the purchase price of land acquired through
the exercise of the power of eminent domain. Disbursement of funds pursuant to subsection (d)
of Section 3 shall be governed by the procedures specified for the 1992 order in the order of the
Board dated March 29, 1994, and such method of disbursement shall continue to apply to the
1992 Order and to funds provided pursuant to this resolution, except that funds shall be expended
within five years of disbursement.
Section 20. If funds are allocated in a citywide measure adopted by the City of Los
Angeles in 1996 for any project located at the site of a project identified in subsections
(c) (2) (FF) (i) through (xiv), inclusive of Section 3, and in subsection (b) (3) or (b) (10) of
Section 3, the funds allocated in this resolution for that project may be reallocated by the Board
for another project with regional recreation or open space benefit consistent with the purposes of
this resolution within the City of Los Angeles. Such project shall be approved by the City
Council of the City of Los Angeles.
Section 21. (a) The Department of Parks and Recreation shall administer for the District
all funds for the projects and programs described in this resolution. Administrative costs eligible
for funds available for project planning and design of projects funded pursuant to this resolution
and the 1992 Order shall include project design and inspection when said inspection is required
by the agency responsible for carrying out the project. In any year, a recipient agency may utilize
29
an amount not more than one percent (1%) of the funds which it is eligible to receive under
subsection (b) of Section 23 for reimbursement of accounting and bookkeeping costs as
applicable overhead to pay for compliance with the District's accounting and reporting
requirements.
(b) Consistent with subsection (a) of Section 23, proceeds of the Additional Assessment
shall be used for: (i) costs of maintenance and servicing of projects funded by the District
(whether such projects were funded through the application of cash proceeds of assessments or
proceeds of bonds, notes or other evidences of indebtedness issued by the District in accordance
with this resolution or the 1992 Order) or otherwise acquired pursuant to this resolution, (ii)
payment of actual administrative costs associated with carrying out the purposes of the District,
by the District and recipient Public Agencies, and (iii) either to pay directly the costs of projects
authorized pursuant to this resolution or the 1992 Order, or to pay debt service on any bonds,
notes or other evidences of indebtedness of the District.
(c) It is the intention of the District to issue bonds, notes or other evidences of
indebtedness, to fund all or a portion of the costs of the projects listed in Section 3 of this
resolution. Such bonds, notes or other evidences of indebtedness may be issued in one or more
series at such times and in such principal amounts as the Board may determine in its sole
discretion.
(d) All proceeds of the Additional Assessment shall be deposited into the Parks Fund
established pursuant to the 1992 Order. The Auditor -Controller of the County, on behalf of the
District, may create any other funds, accounts or subaccounts necessary or desirable to account
for the funds of the District, including the proceeds of assessments and bonds, notes and other
evidences of indebtedness issued by the District.
(e) In accordance with the 1992 Order, all revenue generated by the District, including
the proceeds from the issuance of any bonds, notes or other evidences of indebtedness, shall be
deposited in the Parks Fund and shall be allocated among all affected Public Agencies within the
District as defined in Section 5506.9 of the California Public Resources Code, for expenditure
consistent with the purposes of Division 5, Chapter 3, Article 3 of said Public Resources Code
and of the 1992 Order and this resolution. The County shall be reimbursed from the Parks Fund
for the actual costs of administration of the District and the costs of issuance of bonds, notes or
other evidences of indebtedness by the District.
(� If the County purchases a surety bond to replace cash in a debt service reserve fund,
either before or after bonds are issued, the cash so replaced shall be allocated in the same manner
described in Section 24.
(g) No proceeds of any bonds, notes or other evidences of indebtedness issued by the
District shall be used for any operations, maintenance or servicing purposes, except that such
proceeds may be used to pay all costs incidental to the preparation and issuance of bonds, notes
or other evidences of indebtedness of the District.
30
(h) The amounts of all allocations designated in Section 3 are net amounts, and shall not
be reduced for administrative costs of the District.
(i) The District shall contract for an independent audit to be conducted annually by an
independent auditing firm for the purposes of determining compliance by the District with the
terms of this resolution and the 1992 Order, and to report on the status of all expenditures, grants
and contracts as of the end of each fiscal year, including all fund balances; such audit to be
completed and such auditor's report to be issued by January 1 of the following year. The Board
may establish by resolution the scope of the annual audit which may include among other things
an audit of the funds received and expended pursuant to this resolution and the 1992 Order by
any recipient agency, including but not limited to the Department of Parks and Recreation, the
Santa Monica Mountains Conservancy, the City of Los Angeles and the Department of Beaches
and Harbors.
0) The District shall manage its revenues and issue debt in a manner so as to ensure that
sufficient funds are available in accordance with the terms of the Master Indenture to finance all
capital outlay projects specified in Section 3 of this resolution and in Section 8 of the 1992 Order
by the end of fiscal year 2008-09, and shall annually prepare a Plan of Revenues and
Expenditures for the entire life of the 1992 Assessment and the Additional Assessment which
demonstrates such availability of funds. The annual Plan of Revenues and Expenditures shall be
prepared following completion of the annual audit referred to in subsection (i) of this Section and
shall be adopted by the Board prior to June 30 of each year. In preparing the Plan of Revenues
and Expenditures the District shall consult with an independent Financial Consultant, and may
incorporate directly or by reference all or any portion of the engineer's report prepared by the
District for that fiscal year.
Section 22. The Additional Assessment shall be levied for a period of twenty-two (22)
years beginning with the fiscal year in which such Additional Assessment is first levied and
collected by the District.
Section 23. (a) In each of the first twenty (20) years after the date the Additional
Assessment is first levied and collected, a minimum of eighty percent (80%) of all proceeds of
the Additional Assessment levied and collected by the District shall be used for capital outlay
projects, including, but not limited to, acquisition and improvement of real property. For
purposes of this resolution, capital outlay projects include the servicing of bonds, notes or other
evidences of indebtedness issued by the District.
(b) On an annual basis, fifteen percent (151/6) of all proceeds of the Additional
Assessment and the 1992 Assessment (or such greater percentage of the proceeds of the
Additional Assessment and the 1992 Assessment, not to exceed twenty percent (20%), as
determined by the Board) shall be set aside and designated as the maintenance and servicing
amount, and shall be used only to maintain and service capital outlay projects funded by the
District pursuant to the 1992 Order and this resolution. Such maintenance and servicing amount
31
of the Additional Assessment and the 1992 Assessment shall be allocated each year as follows:
(1) to the County (for the benefit of the Department of Parks and Recreation, or the Department
of Beaches and Harbors, or any other applicable department as determined by the Board), an
amount obtained by multiplying the aggregate amount of such maintenance and servicing funds
to be allocated for such year by a fraction, the numerator of which is the number of parcels of
land in the unincorporated area of the County and the denominator of which is the total number
of parcels of land in the County; (2) to the Santa Monica Mountains Conservancy, or any other
agency designated by it to manage properties acquired pursuant to this resolution or the 1992
Order by the Conservancy or any joint powers entity to which the Conservancy is a party which
has acquired properties pursuant to the 1992 Order or this resolution, a percent of the total
maintenance and servicing funds that equals the percent of the total capital outlay funds that are
allocated to and/or to be expended by the Santa Monica Mountains Conservancy and Mountains
Recreation and Conservation Authority pursuant to Section 3 of this resolution; and (3) except as
provided in the next paragraph, to each incorporated city within the District, an amount obtained
by multiplying the maintenance and servicing funds remaining after the allocations described in
the preceding clauses (1) and (2) by a fraction, the numerator of which is the number of parcels
of land in such city and the denominator of which is the total number of parcels of land in the
incorporated areas of the County. Of the maintenance and servicing funds allocated to the
County in this resolution and the 1992 Order, the Department of Beaches and Harbors shall be
allocated an amount obtained by dividing the total amount of funds allocated to the Department
of Beaches and Harbors in this resolution and the 1992 Order by the total amount of funds
allocated for specific identified projects and for per parcel grants to the Department of Parks and
Recreation in this resolution and the 1992 Order. On an annual basis, one million seven hundred
thousand dollars ($1,700,000) shall be deducted from the maintenance and servicing funds
allocated to the City of Los Angeles in this resolution and the 1992 Order, and such amount shall
be used to pay debt service on bonds, notes or other evidences of indebtedness issued to fund the
project described in Section 8(b) 2.V.x of the 1992 Order. In the event of an inconsistency
between this Section and Section 23 of the 1992 Order, this Section shall prevail.
The allocations described in this Section 23 shall be made only to those recipients which
certify that (1) such funds shall be used only to maintain and service projects funded by the
District pursuant to this resolution or the 1992 Order, and (2) such funds shall be used to
supplement existing levels of service and not to fund existing levels of service.
(c) If operation and maintenance and/or ownership of the County's beaches are
transferred to a non -County entity in the future, the funds allocated pursuant to this section for
maintenance and servicing of the Countys beaches shall be re -allocated by the Board for
maintenance and servicing of projects funded by this resolution or the 1992 Order.
Section 24. (a) To the extent permitted by applicable law and not inconsistent with the
other provisions of this resolution, in each fiscal year, as determined by the independent audit
conducted pursuant to subsection (i) of Section 21, a portion of the excess of (1) assessment
revenues collected pursuant to this resolution and the 1992 Order plus investment earnings
thereon, and any other revenues of the District (excluding bond proceeds or any other evidences
32
of indebtedness, but including collections of delinquent assessments and interest and penalties
thereon), all cumulative to the date of the independent audit, over (2) amounts expended for
capital outlay (excluding capital outlay funded with bond proceeds or other borrowed funds), and
amounts expended or allocated for maintenance and servicing, administrative costs and debt
service, all cumulative to the date of the independent audit (such excess being hereinafter
referred to as the "Excess"), shall be allocated by the Board for grants in furtherance of the
purposes of this resolution and the 1992 Order. The independent Financial Consultant referred to
in subsection 0) of Section 21 shall annually determine what portion of the Excess from the prior
year may be made available in the next fiscal year pursuant to this Section 24 without impairing
the ability of the District to finance all capital outlay projects specified in Section 3 of this
resolution and in Section 8 of the 1992 Order by the end of fiscal year 2008-09 and without
impairing the District's ability to issue or repay bonds, notes or other evidences of indebtedness
(such amount being hereinafter referred to as the "Available Excess"). The independent
Financial Consultant shall make a recommendation as to the Available Excess to the District for
its use in preparing the annual Plan of Revenues and Expenditures referred to in subsection 0) of
Section 21. In each year, 80% of the Available Excess as identified in the Plan of Revenue and
Expenditures approved by the Board shall be allocated by the Board pursuant to this section and
in accordance with the following schedule (to the extent permitted by applicable law and not
inconsistent with the other provisions of this resolution): 80% shall be allocated for capital
projects and 20% shall be allocated for maintenance and servicing of those capital projects.
(b) Over the life of the 1992 Assessment and the Additional Assessment, a total of ten
percent (10%) of the funds expended for capital outlay pursuant to subsection (a) shall be
allocated for competitive grants pursuant to subsections (a) (2) and (a) (3) of Section 3, which
shall be allocated equally among each supervisorial district, the remainder of the funds to be
expended pursuant to subsection (a) of this Section shall be equally distributed between the
category of highest priority regional open space and recreation projects (as defined in this
Section) and the category of regional park and recreation facilities (as determined by the
District). Of the annual amount of funds allocated pursuant to this Section, capital funds shall be
available only to those agencies which have expended or committed to expenditure the capital
funds allocated to said agencies in any category of expenditure under this resolution and the 1992
Order, except that the amount available for the category of regional park and recreation facilities
shall be equally distributed between grants to the County and incorporated cities. Grants to
incorporated cities shall be made only to those cities that have expended or committed to
expenditure all funds allocated to them in all categories of expenditure under this resolution and
the 1992 Order. In any year, first priority for expenditure of funds under this section shall be
given to land acquisition projects. Capital funds not encumbered in any fiscal year shall be
available for reallocation by the Board, pursuant to this section, in the subsequent annual
allocation.
(c) For purposes of this section, "highest priority regional open space and recreation
projects" shall mean projects for the purposes of and expended by the agencies identified in
subsections (b) (2), (b) (9), (b) (14), and (d) of Section 3, including the Santa Clarita Woodlands,
33
and for projects along Ballona Creek consistent with the purposes and conditions specified in
subsection (b) (9).
Section 25, Individuals who qualify for the California Property Tax Postponement
Program (Sections 20581 et seq. of the California Revenue and Taxation Code) may also qualify
for postponement of the Additional Assessment. The Treasurer and Tax Collector of the County
shall notify those individuals who have qualified for the Property Tax Postponement Program of
this provision.
Section 26. The method of assessment contained in the Engineer's Report with respect to
the 1992 Assessment is hereby amended to the extent and with the effect that the portion of any
vacant parcel of land, and the vacant portion of any partially improved parcel of land, in excess
of two and one-half acres shall not be assessed. Notwithstanding any discrepancies, differences
or variations between the Engineer's Report with respect to the 1992 Assessment and the
Engineer's Report with respect to the Additional Assessment, it is the intent of this resolution that
the method of assessment with respect to both the 1992 Assessment and the Additional
Assessment shall be identical in all respects. Any such discrepancies, differences or variations in
the method of assessment shall be resolved in favor of the Engineer's Report with respect to the
Additional Assessment.
Section 27. Any revenue generated by the District (including the proceeds of any
indebtedness of the District) which is available for capital outlay purposes, may be applied to
fund any project contemplated under the 1992 Order or this resolution. In furtherance of this
provision, proceeds of the 1992 Assessment which are to be applied to capital outlay purposes
may be applied to fund projects under this resolution, and proceeds of the Additional Assessment
which are to be applied to capital outlay purposes may be applied to fund projects under the 1992
Order. In addition, any proceeds of the 1992 Assessment or the Additional Assessment which
are to be applied to capital outlay purposes may be applied to pay the principal of, or interest on,
any bonds, notes or other indebtedness of the District, regardless of the time of issuance or the
use of the proceeds of such bonds, notes or indebtedness.
Section 28. In case any provision of this resolution shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions of this
resolution shall not in any way be affected or impaired thereby.
Section 29. This resolution shall not take effect unless approved by a majority of the
voters of the County voting on the matter at a general or special election called by the Board for
such purpose. If so approved by the voters, this resolution shall take effect, and the Additional
Assessment shall exist and be deemed approved, all as of the date of the election, without regard
to the date of certification of the election results.
Section 30. The officers and employees of the County and ex officio the officers and
employees of the District, are and each of them acting alone is, hereby authorized and directed to
34
take any and all actions which are necessary or desirable to carry out the purposes of this
resolution and the 1992 Order.
Section 31. The County Counsel is hereby authorized and directed to prepare a final text
of this resolution, incorporating all amendments to the version on file with the Clerk of the Board
on June 13, 1996, and approved by the Board, including appropriate paragraph numbering and/or
lettering, cross references and other technical or conforming changes as County Counsel may
deem necessary or desirable to carry out the Board's intent and for clarity and ease of reading.
Technical and conforming changes shall include but not be limited to the insertion of new
paragraphs in the appropriate place with an appropriate numerical or letter designation and the
renumbering or re -lettering of other subsections and paragraphs to reflect the insertion, together
with the updating of cross-references to such renumbered and re -lettered subsections and
paragraphs in other portions of the resolution.
. Section 32. The list of improvements in the Final Engineer's Report is amended to
conform with descriptive and fiscal changes made to projects in Section 3 of this resolution.
II
II
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11
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1I
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The foregoing resolution was on the 18th day of June, 1996, adopted by the Board of
Supervisors of the County of Los Angeles and ex-officio the governing body of all other special
assessment and taxing districts, agencies and authorities for which said Board so acts.
APPROVED AS TO FORM:
DE WITT W. CLINTON
County Counsel
Principal Deputy County Counsel
mjs15:measure.bos
6117:final
JOANNE STURGES, Executive Officer -Clerk of
the Board of Supervisors of the County of Los
Angeles
36
Deputy
Attachment B
Grant Application Form and Resolution of the LA County - Parks & Recreation
for Tesoro Adobe Improvements Project
Grant Number: P129-16-2596
The complete application is on file with the District and is hereby incorporated by reference.
TRANSFER AGREEMENT
EXHIBIT C
RECIPROCAL EASEMENT AND JOINT USE
AGREEMENT
HOA.103766657.1
RECORDING REQUESTED BY: COUNTY OF LOS ANGELES
WHEN RECORDED MAIL TO:
City of Santa Clarita
23920 Valencia Blvd., Suite 300
Santa Clarita, CA 91355
Attention: Deputy City Manager
...............................................................................
AMENDMENT NO. 1 TO
RECIPROCAL EASEMENT AND JOINT USE AGREEMENT
This Amendment to the RECIPROCAL EASEMENT AND JOINT USE AGREEMENT
dated May 20, 2005 ("Agreement"), is made and entered into this day of
, 20227 by and between the County of Los Angeles ("County"), the
City of Santa Clarita ("City"), Montalvo Properties LLC, a California limited liability
company ("Montalvo Properties"), Tesoro del Valle Master Homeowners Association,
a California nonprofit mutual benefit corporation ("Master Association").
Whereas, in 2005, the County, Montalvo Properties, Master Association entered
into the Agreement regarding Tesoro Adobe Park, a public park owned and operated
by the County.
Whereas, the City is annexing unincorporated territory including Tesoro Adobe
Park.
Whereas, the County and City have agreed to transfer ownership and operation
of Tesoro Adobe Park to the City.
Therefore, the Parties wish to amend the Agreement to replace the County with
the City.
Assumption of Rights and Responsibilities. The City agrees to assume all of
County's rights and responsibilities under the Agreement.
2. Substitution of the County. All references to the County of Los Angeles or
"County" in the Agreement, are hereby replaced with the appropriate reference to
the City of Santa Clarita or "City".
3. Effective Date. The effective date of this Amendment shall be the later of the
following: (1) final execution by all parties; or (2) completion of the transfer of
Tesoro Adobe
4. No Other Changes. Except as expressly set forth herein, all other terms and
provisions of the Conservation Easement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
by their authorized officials as of the day and year first above written.
City of Santa Clarita
By:_
Title:
APPROVED AS TO FORM
By:_
Title:
County of Los Angeles,
a body corporate and politic
Bv:
Norma E. Garcia -Gonzalez,
Director Parks and Recreation
APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting, County Counsel:
By. `LSe Au�L✓V
Deputy
ATTEST:
DEAN C. LOGAN
Registrar-Recorder/County Clerk
By:
Deputy
Tesoro del Valle Master Homeowners
Association,
By:_
Title:
Montalvo Properties LLC
By:_
Title:
RECORDING REQU TED BY!
WHENRECORDED RLTUM TO:
Leveri Seligman
1801 C'enLUry Park East. Suite 2200
Los Angeles, CA 50067
Attn: Gary E, Leven. Esq.
■iia���a��il�■■i�a#rii �i���*iii�iill�����i��rl�iiiWYYrr��r��ra�Yrriii�iif it Yrir�l
U+acumerrtar, Transfer Tax --
(Value and consideration is less than SI0i)- ())
RECIPROCAL EASEMENT AND JOINT USE AGREEMENT
THIS RECIPROCAL E,A ENIENT AND JOINT USE AGREEMENT dawd
? 1(this "Agr men["), is made by and among Montal%�o Properties .LLC.a
California limited liability cornpariv (1,Njont,alvo Properties"). SunCalrFesoro, LLC, a
Dt!lawarre limited liability company ("SunCa l/TesoriV')., Tesoro delValle Master Homeowners
4�-;soeiation, a California nonprofit mutual benefit corporation ("Master A-s wciation"), and the
Count• of Lays Angeles. a hods corporate and politic ("County"), (motttalvo Proaertie�,,
SunCalaesoro. County and tlie: N astcrAssociation to he indivdually referred rC7 herein raS, "Party
acid collectively referred to herein as, "Parties"), with respc ct to the follow ig.
. Montalvo Properties, SunCaIrFesoro and other mil-rchant builders (collectively.,
"Developers") are the owners of portions of that certain real propmy ("Property") located in the
unincorporated area of the County of Los Angeles ("C:oarity"). Developers intend to develop a
resident I cc mrnunity on the. Property trr be known as Tesr o del VaIIe- (the "Project").
B. In tarter to establish � plan for the deyr-lopmerit. mainteriarice, e.njevnient a lld Uqe of
thr- Project, Developers have caused or will rakise that certaiir Master Declaration of Establishment of
Conditions. Covenants and Restrictions for Tesor€a del Valle (the "Declaration") to he ir-corded
against the initial phase of the Property to be developed and it is intended that all portions of the
Property wAl be zaaexed thercto in the ordinary course of development of the Property. The
Declaration provides For the formation of die Tesoro del Vak Master Homeowners Association
("Master Association'") which shall be respoinible for the management and m inienance of thr-
Project and various -nornnns of the common area ("Master Common Area"), iuchiding but not
limited. to, Lot 714 at 'Tract 51644 { referred to herein as, the "Master Common Area Lot'), all a�
described in the Declarations As of the recoi-ding of th is .Are nient. the Master Comion .Area Lot is
enter (a) awned by StinCalaesoro and it is intended that the Master Common Area Lot will be
can veyed to [lie Master,4ssociation. or f b) owned by the Maher ,Association and SunCal rr�!wro has
retamed the right to ra,rt the nonexciusive easement over the Master Common Area Li)t, a
described herembelow.
C:Oocurnents artd SeRin s�espi, .-PARK 1Loc 51 f--mitgsUcrnporary km -.met
Fit"A0LK92' eeiprocalEa&em(-n0-5Ctif L.LAD and HOA),doc
C. County is the owncr of that t=i main real property located in the uninccrporaterl are:: of
the County of Los Angeles, Ynore particularly described tarp Exhibit A. attached hereto and
incorporated herein by this reference ( the "Historical Site" ), upon which is located an adobe rririch
house. f mr other :adobe structures and one woad -frame structure ic()liectjvel)-. the "Hiistorical
Structures"). County is obligated t(a operate. tttaintain and jresen e the Historical truct :s and tlir
historical Site. w descrihed in the Pre ervation Covenant t "Preservation Covenant") which wa<.
recorded against the ffistorical Site concurrentiy With the grant deed conveying title to County- $y
separate doctifneaunion. the maintenance and op anon of the Historical Site and the Ximcrricai
,Structures will be nniade a part of a landscape and lighting act district ("LLAD-) which his orwill bt
formed fear this pu=o5e and all owrrm of Project Units (as defined in the Declarmion) shall be
wise: sed by the LLAD for suQh maintenance Arid operation costs in accordance with the lei7h and
obligations of such separat documentation. In addii ion. the Master Association shall p4y to the
County that portion of the cost, asscaciatcd with the in,-untenauce and vperat ion of tW! Hi<storiul Site.
and the Histor cA Stmetures which are flick Covered by the LLAD- in the manner described
hereinbelow.
D� Mant-al vo properties. SunCaVresoro, the M aster Associatjun and Cotmtv desire t+o (a)
grant reciprocal nonexcluslVe easclnents raver and across portions of the Historical Site and that
portion of the Iviasler Common Area Lot (the "Master Common Area Easement Area"), more
patrticulady &ptcted on Exhibit B, attached hereto and irtcorporated herein by this refererice. (b)
Provide for the joint rise by the Parties hereto of the Histod caI 5 ice and the Maaster Comma n area
Easement .Area, all h] accordance with the terms aand provisions of this Agreement.,anti (c) provide
for payfne.rit to the Counts' by the Master Association for that portion of the cows as,,ociated with the
maitttenance-and operation of the Historical Site and tht Historical SU-tctiires which are not covered
by the LLAD, in the manner descrihed herehibelow.
NOW, THEREFORE, the Parties lien-un de4Jzire that the HiAorical Site and the. Master
Co1YYmort .Area Lot are hereby matte �,>1bjecl to the easements, covenants, uses. restrictions.
L�anditions. rights. bfrdens, benefits and other agreements hereinafter described with the inti�ntion
that tie same a hall run with the land and sha .11 be bindinp- upon tl e Parties and shall inure to the
henefit of stibsotluent t WIlers thereof, upon and subject to the provisions hereof as follows:
! . Recipi-ocal Easements for Park ing and Vehicular and Pedestrian ingress grid Egress.
L t Grant of Easements. SunCatlTcsorr, hereby creates, establishes and grants a
nonexclusive caserr.ent (the -Master Common Area Easernent-) over atld armss the Master
Common Area Eascment Area to and for the benefit of and as an appurtenance to the Historical Site
foT parking purposes and .vehicular and pelt strian ingress and egress. County hereby creates.,
establishes and grants a nonexclusive easement Ithe "Historical Site Easement") over and across
that portion of the Historical Site depicted on the attached F—Yhihit C [the "Historical SiteEasement
Area") to and for the be»el~it of and as are appurtenance to tier_ Master Common Area lit fpr parking
purposes abet vchicut ar and ptedestr an ingress; and egress. The Master Comm Area Easement Area
aatid the Historical Site Easernerit Arai are collectively referr-ed to herein as, the "Easement areas
The easements granted herein shall continue for as long as the Historical Site- i used In accordance
etch the terms and provisions of the Preservabon COVCrianl.
L2 Maintenanee of Mager Comrn n Area Easement ,area_ The Master
C-Oocuaiaems and SeLtingS)espieTARKS'i-aca}l Settings�Tempurary lntemet
F] I eMOL K922 Recj pyocal Eaw m e ni.050j f LLAD and HOAj.doe
Associ$to(33] shall i all Girrt s, at its sole expense, maintain Lie Master Con] mon &ea Easement Are;
in a neat. clean, safe and attractive condition.
1 • No lrtt,crfercrice, Nei ther Master.A�,so iafion nor CoLmn•shall rnnzt gin,
uses within the Easement Areas which tmateriully interfere with the quiet enjoynlem of. and accc*s Lo
and i-rcxnn. rlt Historical Site and/or the Mastcr Ccinman Arch Lot.
I lair,! U,se.
?.1 1oirnl EJse' Hisiodc,al_ ne Rules. The Wster .Association, inernber
thereof, anti Courity shall all be entitled to joint use of the Hxgoncal Site and the Historical
Sim i:iire% located. thereon. ifl I in actordanee with the terms and provisic}ns of (a) this Agreement. (b.'
the rules and reguIa`ions for tile)oint us+e of the Historical Site (" IlHistoric.al Site F1uies-)_ attached
hereto as Exhibit D and incorporated herein by this reference, and (c.) the Prestrrvation Covenant
(including tine rec}ui-ement that County make the: Histoncal Site opert to the public on a regular and
continuous basis in _ts�ponse to public demn-Tid for said access, but in no event less than twelve (12)
flays per year_ and at such other times by appoim meni to permit ,persons taffiliated wkh educational
orgamIzatianw, professional architectural associatioT% and historical societies to study the lAistorical
Structurv�- An\ such public admission maybe subject. to restrictions as Teasonably designee] for the
protection and maintenance of the Historical Structures. Such admission may also be suhjed to a
reasonable fet~. The HistorieaI Site Rules may on I be amended by the iinanir a,us written consent of
all members of the Coordinating Committee. as defined below,
'r t'oordiri tin Cs rrtniitt e. Coviniv snot the Master Association shall farm a
cot€ mIttee ("Coordinating Committee") which will coo-dinate and discuss any issues which require
the coordination or cooperation of the parries hereto. inclUding but not limited to, the scheduling of
eVeklts alld use Of the historical Site. Such Conrclirkatina Committee will be U amprised of one
member of each ofCounty and the Master Association and shall he formed and govemed in
accordance with the rules and criteria established by its mernybers. Notwitlastandir)g the above, the
Coordinating Carnmirtee shall have no power to burden the. blaster Common ,area LA�t or the
homeowners within the Tesofo del Halle. Project in oily marmer not to bird any Party to any
ohligations, other 6=i in accoWarrce with the terms and proyitiions of this Aft-eenient.
2.3 1vl•aimenance and Costs of the. Historical Site, County shill at ail times
maimttain the Histe ical Site and all improvertients thereon In a neat. clean, safe and attractive
condition.
3. Payment to Cotinty- BudExts and Annual Reports.
3A The Master A5sociaiion shall pay to the. County that portion of the costs a isocized
ith the maintenance and operation of the ]-list orical S ite and the Historical Structures which art: not
covered by the LLAD. in the manner described h-reitibelow. Commencing the tater of Moth (a)
ninety (90) days alter the last date of the month in which the first escrow closing within the Project
occur-s_ arid (b � Lh at .]tic that the interpretive c:emer IoQated within the. Higoriml Site, is in use and
operational and i.s nicumng Operating expo-nses (-Du"i 'C.orrimcncement Date"lr the Master
Association shall pay to County all initial amount equal to Teti ,Dollars 610.00) per morith per
C,%Docii nien Ls and Se: t i ng s\e,,5pk!. PAR KS%Lm a] Settingsli'emp(Wary Iwennct
f it DL. ' .' �2ecipfo aiEaserrrenr,t (if LLAD and I-10A t-doc
Projeci Lrnft las dcfined in the Declaration) which is su-bjecl to and liable for assessiijetL� 1T1
accordance with.Lhe De-cta-i-ailon, ",hich amount may be rkariged tTom time to time in accordance
with Sect ion 3.2 be] ow, b u t in no e v ent sh al I exceed a max iiinum of Ten Dol I am (5 10) pe r Tylon�j per
Projeci Unit which is subJect to and liable for asses�s merits in accoTtlance %ntfi thi-- Dc-claration
[ "M a stur Associ all on Dues S n bsid v ".). The initial nim t h ly Master Association Due-s Subs id v per
Project Uii-II shall Inc based on the Proposed Fiscal Year '2 003P-004 Rudgm Eshmaie included in the
fiin a I Eng i n t~er` -, Rep on for LLA Distract fict No. 4, Zone 76. Tesoro Adobe Pazk- (`'Budget-). a copy () (
tivhicli is attached hereto as Exhibit E and incorporated herein by this reference, and shall be
determlincd as follovv-. (a) subtraclinc- the Total District Share (.as shown on the Budget) from the
Tot -al Expenses (as shown on the Budget). (h) di viding the difference by the riumber of Project Units
sus sjec! i i o and I iable:For asses smen « in accordariec with die Declaration en the Dum Commencement
Data, and f c) dividing that amount by wel v e ( I 2).
3.2 Couniv shall distribute to the Master Msociation by mail, no less than ninery
(90) d2ys before the beginning of each fiscal year of County. a copy of pro foTrna Qpera -tm-
g
budget for the piste-rical Site and a notice of a requ= of airy inerease or decrease in the Mauer
Assacimion DLe,, Subsidy. if' appficable. to the foMcorning fiscal year based on the pro forma
operating budget. The pro forma operating budget shall W pr-pared consilleriEly witli the prior fiscal
year operating (income) s iaie-men i and shall incl u de (a) an es tirn ate, of all re venue { i tic ludin& but
not I i mi ted to, revenue derived from tier LILAD and from a. I admission and other fees obtained in
conriection with the opfmation of the Historical Site) and expenses for the fortheorning fiscaaf year,
and (b) adequate reserves for contingencies and for deferred maintenance., repair. replacement or
lmprovements to the Historical Site and Historical Structures. In addition, an annual report shall be
ditrlhuted to the Uaster Association widlin one hundre.d twerity (120) calndar days of the close
of Counry's.fiscal year con5ist'Tig of. (a) a balance silect as of the en
I I d f thd. fiscal scal year,- (b) an
operating (income) statement for the fiscal scal year: (c) a :state ment of ch ange,,, in financi a] position for
[he Fiscal Year. (d any information required to be reported under California Corporations Code
Sec -lion 832-7. and lei a re Vi UMr of the annual report for the Association prepared b i. accordance with
geneWl I I'V RCCCPted aCC:IDU 11ting principles by a I icenste of the California State Board of Accoun=ley.
The Maher Association shall have the tight U) TeVieW and approve each year. the pro forma
operating budgei aria winual report klTrIle Hisiorical Site, described heTeiriabove- within thirty (30 )
days of voceipt thereof. in order to determine whether the Master Association Nes Subsidy, for the
forthcoming fiscal war is re�.,wnab le- Further, the Master Assoclat=-s obligation to pay Lh E:- - e Master
Association Duc-L, Subsidy shall be contingent (upoTi its receipt of the- pix) fm-ma cperadng budget and
zarmual report each year. as described herein. M the evens That the. MaSier kisoCiation shall not
approve sub pro forma operaiint, budget and anniial report. the Master Association shall give the
County �&Tftten notice of disapproval thereof. lout shall continue nue to pay to the County i he a mount of
the Mam er A s s�I a i i on Due., Subsidy for t lie prior year until .such ji-spute is resol ved. provided,
however, the Master Assoc lailun shall cantinue to assess R9 riicrnbcT� theamount of the Master
Association Dues Subsidy, inciuded in the disputed pro forrmi ope°Tatina budget gget mid, d opend i ng upon
the resolution ol'the dispute. either i �) pay The difference L-& the amoulits actually paid to the Coutitv
arid the disputed total Maurer A:5oclailun Duey Subsidy lo the County. or (b i refund the overagc to
the member who paid it. as .appropriate, Any dispute amJ,.,.g out Of or in any way rclating to the
paymcm of the Nla,�iEr As,ac3niion Dues Subsidy or any iights and obligations covitaim!d within the
Rec. procal EIsemem and Joini Use Agreement shall the resolved bviudicial reference or arbitration
m accordance with 5 --ci coons I'S and I of bi is A Ereement. The Cou--nt y h ere-h-v a C"Feen, tha ( .4 CP lung zi
11
C%DccLiiTx,,ncsand &-mnc,�,1,4�spie,PARKS�Locai Selfirigs'Temporary Intemei
7 FilesiOLK92\ReciprocalEasernent.05C( R'LLAD and HOA Woe
the Mister Assocjadon is paving anv dues to the County, all monies received by the County for the
Purposes of maintenance. repair. operation and ardministnation of tj)e I-Iistorieal Site sh; dbe used
exclusively for such purposei,01- the Historical Site.
4, Required lrasumee:,.
4.1 13v County, Count} shall al :all times maintain III full force and effect
corriprehensi ve. bread form. gzrie.ml liabil iiv insurance that ;;hall pTcatect against claims Yard Iiability
Icxr personal iniiiry- death. andInT property damage arising fl-om the use and/or cundition of the
HisWric al Site, the iraprovermenLs thereon, and/or arty abuttinv ptiblic right-of-way, and it shall
provide combined s:Bile I iniii prmction of at least One million .Doiiar- (S 1.000.0w) per occura'encc
with a maximwii deductible of T%�,e y-five Fundred Dollars (S2.501)S- Such insurance shall br
carried only with rc,sponsibie inslsran+ce companies licensed to dci busine s iri Call[�r-n auty
n
shall deliver certificates pertotlicallY to the Master Association that provide e►:idcnco that such
insurance has not lapsed or b eri maternally changed and the sanie is and wili remain in full force and
effect for at least one (1.) year frelil the dais} of the cf rmit icate, it being Countv's obligation to ens;ssre
that the M aster-Associaticn always has evidence- rhat such required irisummr a Covet -a a is, at all times
in force and effective. in lieu of r.canMic-rcial insurance. Cite County shall retain the right to self
insure al l or -ally portion of its insurance obl g,atirans herein.
4.2 13Y the Master Ass ocitation, The. Kaster Asso iation shall at all tunes and at
i1� sale cost and e eri e maintain iri Cull farce and effect comprehensive. bread form. general
liability insurance That ShaIl prcttec.t against claims and liability for personal injury, death. arid/or
property darnage arising [roan the use and/or candititan of the Master Common Area Easement,Area,
the improvemrmts thercon. an or any abutting ,public right-of-way, and it -,flak provide cambined
single limit prcitectic-n of at lcasat C)ne Million Dollars (S 1.000,000) per occ:urrerice wItla a maximum
deductible of Twenvy-flee Hundred Dollars (2,5{t(.d). Such w—wrance sliall be carried only with
respown ihle insuriinc- companies licensed to do business in California. TheMasterAssc6adori snail
deliver certificates perioclic�aIly to County that prbvide evide.ice that such insurance has not lapsed or
been materially ehaTLged and the s,;�iTrme is and will Temain in full force and effect for at bast one (1)
year from tlxedate of the cenific:saie, it being they Master Association's Obl gatinn to ensure that
County always has--videnee Char such required insurance eooverage it; at all t.irnes in 1-orce and
effective.
5- lndemriific:aiaat. Ench of the Parties liereto hereby indemnifies and agrees to
forever save aTsd hcsld harmless the other Parties hereto,, and their re lipective officers. agents and
employees from and against any and all damages, clairns, losses. demands, costs, expeawses
(ineltitling Te sonabl. attomeys' fees and coasts), obligations. liens,, liabilities, cttuium and causes cif
action. birenten ed or actual. which .such other Party or Parties may suffer or incur arising directIy or
rndirectly with relpe_l To any Part 's, a ligations pursuant to thR:, Agreement.
6. Defaults_ Rcmcdie: ,. if any PcaTtu hereto sha I be in breach or default of its covenants
or obli!`atioris under this Agreement. theta prior to exercising any right or remedy iri connection
thcTewith. the nondefaultinv PaTry shall atatify [lac deftwiting Party of the occurrence of such breach
or defauit, describing the parTiculars thereof. and shall dernAnd that the same be fully cured within
thirty t30) dayi alter receipt of such notice. If thereaster. such breach or default is not �o fullyr
C"Document;; arfd Sep' irigsleespie.FARhSTocal Settbnffemporary 1pternei
Fi#a' {]LR *IFtiecigrncalF serA,eirt_ C� if L.LAD and HOAi.doc
cured, there the nondefaulting Party Tnayr exercise such riph s and rerrmeclies available to it at law. in
equiiv andlor hereunder including. byr ixay of example anlys specific- p-e�orer��ace and c�rrnpensatinrt
for atiV damage cau ed by such breach car default,
7. Right" C:urnalative. No Implied'WaiverN_ Each of=the rights and remedies available
hereunder. at lain or 1-11 equity are curnt,lative, and the exercise by any such Pary hereto of ant* or
mare of suell rights or remedies shall act p3ecl utie such Pany's ex erc, at e sattie Trmc trF dtaft=renl
times. of any otheF a ighi or rernedy for the. same or any other brcat h or default by the other Pang. Nc
gal v, er of any right, remedy. breach, default sir defier provision hereof shall lac imp jed, and aj,V shell
waiver .,ball be effective. only if in writing and sided by the Party w be charged with such waiver -
No %vaiver of any breach of any pro%,is-ton hertofshaII be deemed a waiver of any subsequent breach
whether of the s�axnie or another provision hereof.
8. T'imc of the Essence_ Construction. Tinit is of the essence of each and every
proN'isi= hereof, Use of the netiter shall include the rnaso-uhne and fcminine. the singular shah
include the plural, and vice versa_
9. Naticf s. Any =M% demand or rather communication which any party may be
rcquire,d or -may urjsh to give to another Party shall he in wrii ingand shall be addms;�ed to said other
Pally at the address listed below- Any such notice so addre. ed shah he d enied delivered upon
receipt if delivered per-sanally or by =trier serviee or on a-e third (3rd) 'business day alter cdepoiit.
into -the U.& mail if sent by c+ertiflad snail, postage prepaid, retum receipt requested, If any Pnrty
wishe,, to change I t,� 2ddress for the receipt of any nintice. hereunder. them such oww!r steal i notify the
nd'er owner of such address change in accortiunce with the provisions of this Sc:cnon.
If to l ontalvo Properties LTC:
Mon Properties LL,C
3600 Birch Strezt. Suite 100
tNe,wport Beach, C alifa nia 92,660
Fax: (949) 8 3- 11.0
Altenlion: Tim Collies & John Evans
with � copy to.,
Leven &SeJigman
1900 Avenue of the Mars
191, Floor
Los Arizeles, Cialifarnia 90067
Fax. (310) 841.E-9353
Attention: Clary E. Levert, F_sq,
If to SunCallTesoro.
unC'al/Tes€ m. L LCr
5109 E_ L� Palma ANrenue
Suite D
Anaheim. California 92807
C_'t oeunlenls a0d ciling.ffemporary Internet
Files' OLK92' eciprocalEaccmc.«t.g!0 if LLAD and 14OA a_dw
Fax. (949) 693- 731
Attention: Bruce Efieff
with a Qopy to:
SunCaIfTesoro. LLC
21601 Devonshire Blvd..
Suite 116
Chatsworth. Californda 91311
Fax: (18) 772-2067
!'itteiizi n,. Franc Faye and Bob Barjam
arid:
Voss , Cook & Thiel LLP
95� Dove Street
Suite 450
Newport Beach, California 92660
Fax: (949) 7` 0-1508
Attention', Bruce V. Cook , Es, .
11' to Cot] nty:
Los Angeles Coumv Department of PaTkzs and Remanort
455 South ermont Avenge
Los Ang-eles, CA 90020
Attention: Tim alla4-her, Director
with a copy to,
If to Master Aswciation-
Teso7-o del Valle Master Home --Owners A-�smiadon
c/o Merit Property Managemem, Inc.
25910 Acero Street, 4200
Mims: on Viejo, CA 92691
Attm-tiozi: Kathy Zechmeister
10. Entire Afreement, This Agreeimem. together with the Exhibits attached herein and
fnrrnin2 a pan hereof, constitutes Lhe en ire. agreCMn'R1 an1011cP the Parties vArith respect to the maums
covered herein and supersedes any prior ne-otiations. understand inQs or agreements with respect to
the matters conternp]ated hereby.
11, Exlkibii` Incu porated. Each of the ExhibiLs attached hereto are incorpo aterl herelll
and male a parr of this A-recinenr_
1'. Amendments, Waivers in Writing, This Agree-meni may Pot he amended or aItered
7
C_Tocuments and Seningg�espie.PARKS\Locai ScttingslTempn ry Interne[
teslC�l.I S� 1II ttep�c 3 asemen[_4 t={it LLAD aFid HOA).doc
except by a written in.qrurtteIII siened by each of the then -owners of fee title: 10 the Hist�,rical Site
and the Mr Corr on Area Lot.
13. St erabilit r. Should any ierm. kart. portion car provision of this ALIreenrent or aw.
application hereof to any persori rar circumstance be held to he illegal, invalid or in conflict % ith anV
4pplicable law, rule or rc-ulation. there the! validity of the rermainina terms. part, portiori5 and
provisionhereof Find Lhe applitatieIn hereOr to other persons nr circurnr tances shall be deemed
scvcrable., and the mime shall remain enforceable and valid to the fullest extent perrnitti,-d by law-
1 #, Colvenants l unnirlR will, the Land. The Parties hereto do hereby agrec io the
prr visions hereof on its own behalf and on be -half of t1ie �;u ccluent 0Wners of the Hi.y'torical Site and
the Master Common Area Lot. it being intended that this Agreemimt and its provisions sla,Ill MI witl.
the land. shall be Minding upon, 2nd shall inure to the benefit of the Parties hereto and each such
stlbsequcnt owner of the historical Site and the Master Common Area Lot-
15, Cerurr . This Agreement Tnay be. executed in c;oLmterpans. each of which shall
he an original, but all of which together shall constaulie one and the same agreement.
16. Judiciat Rcferen_ce. ,Any dispute arising out of or ire any way relating to this
.�g�ement slrfll3 he zesol Fed Iry �adicial reference oT a�sitratlan. as described in Section 17 below.
ThL? same: shall be governed by` and he conducted in accordance with C01ifOrW97 Ode Of Civil
Procedure Seelions 638 through 645.1 (asi amended fi ni time to flute) as well as tht=. R311Gwing
prc)vi Aorb�=
t 6.1 The proceeding shall be: brought and held in the County iii which the Project is
aocated unless the pavies agree ifs an aliemate venue. The parties shall use the procedures adopted
by the Judicial Arbitra ion and Mediation Service. Inc- ndispute (" JAIN, ") for judicial reference
and selection of a referee,
16.2 The panties shall agree upon a single neferee who shall have tlic power to try
any and all of the iss ues raised (whether of fact or of law) which may be pertine:ni to the matters in
di 3pute and to issue a statement of decision thereon to the court, Any dispute regarding the selection
of rlre reCercc shall be re.. eO]Nred by JAMS. ' hi: referee shall be authorized to provide all remedies
aIrailable in law or equity appropriate under the circunistances other than pLmitive damages and the
referee rt,ay{ require oiie oT mare pre -hearing confi-rences. The parties shall promptly and diligently
cooperate with each other and the referee and perfom such acts as may be necessary for an
expeditious re olutjon of the dispute,
16.3 TSie parties shall be entitled in di.sccver�.- and the referee shall taversee
discovery and ma.v enforce all dise;ovm orders in [he same manrier as any trial court judge, A
ste ographic record of the (riaJ shall be made. providO that the record shall remain confidential
uxc pt as may be necessary for post-he4ring motions and appeals. if any. The: referee shnl l halve the
artthorily Io -rule On al l post -hearing motiorv,� in the same mazrner as a trial jud€e-
16.4 The refer':; sxaternent of dec-Isicri shall contain findings of fact and
conc;lLs orts of lave to the extent applicable- Said statem--ni of decision upran all of the issuers
considered by the rv--kree sl-Al be binding upon tyre parties and, upon filing of the statement of
it
CADe)cumcnes aTid SeTtingAeVic.PARKS\Local SettinvATemporaq Internet
Fileg1OLK9 '%Reerprc�!lE.�jsement. i (if LL.AD and H A).doc
decision with the clerk of the court or with the judge Where there is no clerk. 1Lidgmem r v be
e,Ytered thereon. The decision tirtlte referee hall be appe113bIe-
17, Arbitration, Any dispute arising out of or to any wav relying to this Agreement shall
be 9'e'_SCal�red by judicial reference, as described in Section lt' above. or arbitration. as described
hereinbelew, If such parties elect to u iliz,e arbitration to set_le. or resolve such claim car clispure, then
the arbitration small be conducted �i accordance with the fcHo ing provisions:
17.1 The claimant shall be responsible fcr paying the initial Cites and costs. The
arbitrator(s) shall ult"imutely determine. however. which of the patties shall be liable for some or all
of the costs and fees of the arbitranon including the initial and ongoing fees and costa,
17.2 The arbitration shall be administered by a neutral and impartial person (the
"administratof') selected by the party responsible for ads°arcing the initial fees and costs punsuant.
hoer_
17 3 One { 1) or more Taut Tw more than three (3) neatral and impartial individuals
shall serve as arbitrator(s), and they shall be selected and appointed by mutual agreernont of the
parties within ixt + (60) days lrafn the dMe of the administrator's receipt of a written re -quest ffram a
party to .arbitrate the claim or dispute. In selecting the arbitrator(s) and the administrator, the
provi.ruons of Culifontia Code of Civil ProcedarreSeczion 1297,121(as ameinded from time to time)
shallapply. An arbiiyat�rrran adrrr�ttistrmrcrr rriaxr he clxailerrcd for any€af'rhe grounds listed tlterin
Or in C'adi{[)mia Code of C1141 Procedure Seelfon 1297,124 (as amended from time to time).
17.4 The vEmile of the arbitration shall be with i n the. Cotinty unless the pm -ties aggree
to .some other locatio-A.
17.5 The arbitration shall be eanducted iai accordance wah the Rules acid
Regulations of JAMS,
17.6 The arbitration shall cornimmcc and be concluded promptly and timely in
accordance with the rules applicable thereto, but if said rules do not specify, and the parties camiet.
otherwise agree upon. a comajence:meni date, then the arbitCator(s) shall fix the same.
17.7 The arbitraims) shall have the at lhority Tn provide for all recognized
remedies available at law, in equily and hereunder For any cause of action which is the basis of the
arbitration. The arhitrator(s) shall. howev--!r. base any award and/crrfin al decision on the terms and
provisions of this Agreement if app]icab ic, and in any everic they steal] endeavor to follow the law
and judicial precedent which a 1.,laiiied States District Judge pitting in the Central [district of
California would apply if the dispute or claim was being litigated in such court; provided- however,
that nothing contail-ned herein shall be deemed to enlarge the grounds for 'vacating arbitral awards
e' en if despite such endeavors, the arbitrator(s) tail to ct)rrect]V follow applicable law-
17.8 The parties, :shall have the right to discovery in accordance ► ith California
Cade qj' Civi? Prmeezi rre Section 128..0-5 (as amended from time. lb Time).
9
C_' )Do unieni5 and Stu q,.6espie.PA KS1Loua1 Settings\Tempamry Intzmet
FiieslOLiC9? eeiprocalEase rne€tt-05Qjf LLAD and HOA).doc
IN VVITNESS WHEREOF, the Panics hereto have caused this Agreem(mi to be executed b
its duly authorized officer(s)l agents(s) or representatives) as ofLhr, date first %k7itlen above.
DATED, MONTALVO PROPERTLES LL.C.
a California limited liability company
DATED
Narne; 10,stph D, Ciougherty
Title: Managing Member
Name, 13emard 1. Clougheny
Title: Maziaginiz Men&lr -
"County
By:
Name -
Title:
1G
C-00comems and Settings\espie_PA RKSV_o"1 ScuingsVI'ernporary Intemet
Fites OLK92'+ReciprocaIEasemenE.05CfifLLAD and HbA1.doc
BATED' SUNCAL / O O. LLC, a Delaware
limited liability company,,
.DATED:
By: SCC Acquisitions. inc., a Califomia
corporation member
Bv.:
Nara :
Its:
BY' LB / Lakeside Capital Partners, LLC. a
Delaware limited Lability company,
Member
B -.
Name:
Its:
"Faster Association'°
Tescro del Valle Masmr Homeownen
Asp; ciation. a California nonprofit mutuml
benefit corporation
By:
Title;
fly:
Title:
Exhibits:
A. Description of HV�torical Site
B: Depiction of Master Common Area Egsernent .Area
Cv Depiction of Historical Site Easement Aria
D: historical Site Rule
E: Btideet
11
C -`,Dcxcu men Ls and .Seltirrgsks� ite_I�ARKS\Lkw. aI eRrivup,\ umpc�rary internee
Filts�OL K92Tecipro akLasement.05C(if LLAD and I-iC. A ).doc
STATE OF CALIFCIRNLA
COUNTY OF
On
Qt-3t 11 ,
before me, the undersigned, a NomryrPub lie in and for said
e, Versos -La y ; personally ktlowrn to
me (car proved io me on the basis ofsatisfact r), evidence) to be the persotl(s)1�Prhose names) is/are
subscribed to the within instrument. and acknowledged to nee that heishefthev executed the same in
his her/Lbeir authorized capacity(aes), and [hat by hislherAleir signatures on the instTu ment the
pet50n(s), Or the emity Capon behalf of which the person(s) acted, executed the instrume.m.
i'1NESS my hand and official seal.
Notsry Pubiic in and for said State
STATE OF CALIFORNIA
COUNTYOF
C01
before inn, the undersigned, a Notary Pubiic in and for said
State, personal I appeared , personal I known to
me (or proved to me on the basis of �atssfactory evidence) to be the person(s) whose name() iVare
subscribed to the wkhju instrument.. and acknowledged to me that heJshelthey executed the same in
his/her/their authorized capacity(ies)m and that by liislheritheir signatures on the instrument the
person(s), or the entity upon behalf of which Lhe prrson(s) acted.. zyeQuted the instrument.
WITNESS my hand and official seal.
Notary Public in wid foT said State
12
C'_'t�unienus qn i Semnf- Uamporary lmermeE
Fees'OL 921R ciprwalE,istment,U5 4if I-L D and HOA).doc
LIBORD NATJON BY LENTER
The undersigned (".Lender") is tine cu rrent 0%-nor of and beneticiar ' Unidei- chat certain decd
of trust dated (the "Blanket Trust bleed"), made by as irustor to
. as trustee. that was recorded in the Official Records of Ljo., Angeles CourizN,
California. ott . as .lnstrnrrment No. and creates a lien against the fFill in
Master Common ,area Lot or Historical Site. as appropriate .
Lender does hereby(1) consent to each and all of the pramisiorns contained iri the forecyoln
Agreement to which this page is appc nded and Of which this page is a part (to�ettt r with all
amernc ments, modificationns. supplements and replacerrneuts th Teof or hereto whether now or
hereafter made. collectively, the "Agr rnernt"), (2) agree that the lien and eharp-e of the Blanket
Truss Deed shall bet and i.N hereby made. subject. subordinate. and Junior, in all respects. to the
Agreemem, which shall be remain at all titnnes uTicornditionally prior and superior to the lien ar6-
cltiar e of the Blanket Trust Deed: end (3) acknowledge and agree that tkne Blanket Trust Deed and the
instrunncrnt(s) evidencing the obligations secured thereby shall be appropriately marked and endorsee
to reflect the subordination effected hereby.
Executed h,� Che dull authorize-d agent(s), officers) br representative(s) of Lender a.,, of the
date first written b�)Ve.
-Lender-
13
CADocuments and Sell ingslespie.PARKS\Local SeuineslTereperjrylme ve
Fj lesl0 LK 92M ecipmcnI Easemen 050if LLAU and HOA').dc;c
EXH1131T "A"
Description of Historical Site
Lot 5 of Tract 51644-05 in the Cotiril Y of Lo.,i Angel es, Static of Cal. i fomi a, as per map recorded iv
Book 1273. Pages -7 through 16. inclusive. of Miscellaneous Records (Maps) in the Officc of the
County Recorder of said County.
14
C:\bc<uments- and Sel:ings\espie.PARKSILocal Setting.'ATenipwary Intemel
LLAD and HOA.I.doc
EXHIBIT"B"
Depiction of Mas(er Common Area Easement Area
15
CADOCUMents and Set li ngsle-spie.PARKS\Local SeffinpUemporary interne[
LLAD and HOA).dw
E LIBBI*1 -C,
Depiction of ffistoriW Site Easement Area
16
CADocurrients end ettinE!s\espie,PARK5 Luca1 euings\Temporary Internet
File kC1L1C9?4RetiiF �'cac 9Eaw na�r�t_O Ciif LL.AD and HOAi.doc
lE HIBIT "V$4
Historical Site Rules
I . The CountyshalI operate and rnairnain the Historical Site in a m anner appropriate to a puialic
site that is located within a residential nei&-hborhood and aril att tO a recreational facility. The
COunty shall fLwhes operate and maintain the Historical Site in accc)rdznce with the Preset ration
ICo, ve-nanr. includinr-,7 but not 13'1111ltetl to. keeping the Hi*;tofi-cal Slue o�rczu to the public on a reguls-
sift] s t ntinuc us > as° s in rest onse io public demand Year sa]d aCCeiS. hilt ill nO event IeS5 than twC I%'('
(I?) stays per vt!ar. and at .such outer limes by appointment to permit gersom affiliated with
educational or anization�. pr f+essional architectural tassociatiom aria historical societies to study the
Historical .structures, Any :such public admission may he subject to restricticrts as reasraraably
designed for the protection and of the Historical Str-uctures. Such admission may also
he subject 1 o a reasonable fee. as determined by the County. provided. howe-ver, that such admis ,ior-
fee Thal l be waived r=or membm of the. Master Association r"Homeowners"), Thew Historical 5itr
Ruleare intended to be evolullimary to facilitate a high level of maintenance and presen ation of
unique historic resource.
'_. The County, in consultation withtl,e oordiM. ling Corrunirtee, shall be responsible to prep:1re
and mariiior an annual master caletidar and to � locate and assign equitable use of the Hi!5tcorical She
l the Mnszer Association and the public. includirxg but not limited to, educational and culrural
inslitutians, film -Iris companies sad private parties. In the event of conflicts prior to the actual
booking of an event, the fol lowing uses shall have the following priority_ the interlaretive center shall
b� open to the general public tarn the first Saturday of ever} mn inth. between 10.00 a.m. -5_00 p,rn.
kind this use shall have first priority during this period of time. The Master AsseciatioTi and
Horneownem shall have first priority for use duringotherponiom, of the weckends: theWifliarn S.
Hari Lhiiora High School District shall have second priority for use during odder poT-tions of the
weekends. but shall have first priority for use during the week for educational programs: and other
historical/cultural Pvents shall have third priority,
3, The C'aunty, in consultation with the Coordinating Committee, shall establish a list of other
acceptable and compatible uses and �ipi cif_y the toys, limitations and limes when appropriate, such
as.- Cultural Evt-,nts-Muqc:, Recitols. Lectures, Etc., Fundraising Events; Educational Classesfrours:
C'elebratlons-Receptioius. Parties. Etc.: Commerccial Ventures-Movic. Producticn. All persons or
entities that shall he allowed w LtSe the. Historical Site ("Users") sha11 be subject to the. terms and
provisions of the Historical Site bulks,
4. In scheduIIng and establishing use ofthe Historical Site- the Count y. in ccnsuItation with the
Coordinating Committee, shall take reasonable mensulres to ensure: that disturbances to the
Homeowners are. Irininlized. This incltodes. but is rich limited to, platting, restriewns and/or
Tim-Hations can noise. traffic, hours of opermitaia, ambient light and parking.
5. Occupancy Limits will be established for each specific use. such as, Main Ranch House
viewing limnecl Ro thirty {301 people_ Occupancy of all other areas of the Historical Site shall be
]incited to the ainourat allowed in acccirdance With the local municipal codes_
0- All children rnw-a be ac: ompami --d by an adult -t al I times.
C_1Dncnrrients and SeltingslespieTARKS\ vocal Semng-sUemporaTy Intemeu
File:�1OLK9 IaeeeiprocalE,asen�enr_t35CI if LLAD and ]IOA)-doc
7 A reasonahie Rtmlal Fee. Clean-up Fee- Coordination/opc rational Fee and Security Dcpo l-
shall he charged for use of the historical Site in the amounts to be determined. except as follco)A s:
a. The Master Association and the Homeowners shall be exempt from paymp-Tit of tilt
Re.mal Fee,
b. The -minty shall be untitled to a warier of the Dental Fee fbr m events per ,veal`.
e. All lees may be waived for interpretaLM--/edtjcat-unjl uses.
In addition to die above. a fee may he charged for special security iind/orvalet parking to
mitigate parking caixfficts, if it is determined by the CounIX, that Stich fees 8rP- necessary.
All fees will be reviewed annually and revised, it- appropriate.
S, prior to the rental Of the HiMrical Site by ally User, such lfser shall he required ti+ read and
approve, In writing, the regulations and restrictioris for use of the Historical Site. inciticliris btj( not
limited to; "
a. limits and restrictions for none abatement (i.e- use of amplified rnusic anddorpub] Ic
addrt!&q systems), traffic. hours of operation and ambient light,
b, clean-up requirements, including but not limited to, removal of all trash.
c- Seculty and Safety lnstructjons. the prehibi_iun of use or erojT-v onto the property of
the N-lasterAssociation and the FlorneownerS,
& The (tours of operation of the H istorical Site shall be -in no earlier than 1 O:fhtlPM and
shall end no later than i 1-00 PM an Friday anti S arurday and 9:30 P M on Sunda
Thu-fsday.
e, Use of caterers from list approved by tide Ccunrv.
f, Other ndes of conduct.
& Obtaining parking permits for the UsWs guests.
9. Certificates of Insurance and additional Insured endorsements may be reyvire-d by certain
Users in art amount of covegage. to be. determined by the County. In a�iciiticn. each Laser shall be
rf,-quired to eacetute an indemnificaticxn agrceme.nt indemnihiing and holding liarmle,�s the County
and the Master Assuciation from and against any anti all dama-ges, claims, iosse5, demands. casts.
expenses (includinn reasonable attortneys' fee,, and costs ). uhIiyation s, liens, IiabiIities, actions and
causes of action, thrtaEtened or actual, which arise directly or indirectly with respect to such User's
use of the Historical Site.
10. There shall b� no ovemighi parking within the Historical Site or the Master Cara mon ;area
Easement Area,
l l . Any operation, use and/or repair of the BV%torreal Structures rtiust be Consistent with the
require men t to preserve their his torical character, No penna netrt changes or other aItt rations of the
historical Structure:; may be made unless in conformance with the Secrmary of the InienioCs
Standards for Rehabilitat10171-
C-Documents and Set.ings'�pie.?A KSTocal Set( ings;Tempor-9r}• JEll �!(Cj
Files\OLI 2 Recipr ffi�sement.05C(i[; LLAD and HOAj.doc
E HMIT "E°`
Budget
19
C_.Tccumcros and Setiinaslcspic-PARKSIL al eairigs%Tcmp)rary lnlemel
Y--Plei\OLK92Teciproca]Ea.sement.0tiC'(if LLAD xind 10A)-doc
ROARo of
SUPERVISORS
7+A 5-Um YY/Lf OFF]GIAL COPY
COUNTY OF L-OS ANGELES —
REQUEST FOR APPROPRIATION ADJUSTMENT flrpra' 600 - ,-�c-
IDE:iPA RTMENT of Parks and l ecreaticn February 2YM 2005
AvDIT4R-CONTROLLER
15
4D�TEeH��FRy We sIS §ACcouNTTUG ANC A L-AaLE13AL X(-'5 AND Fi5WART43HCADmimTRAVEOFFICER FOR HAS #RE�-OMMENCrA710N OR
ACTioN.
AD-PU5TMENT RERUES-tE€a AND FZEASONS THEREFOR
4 - VuTE BuDGET ADjUsTmERT
FMANCLU SOURCES. FINANCIAL USES;
Tesoro Adobe Special FLnd Tesoro Ads special Fund
Revenue; O. erati m- Transfer In S2rvicea & Supplies
- P - 40530 - 99jW �q I[ ' OAJ - P -- 40530 - 2
11,000.00 Increase Revenue
5137,{,00 increase Appropriation
Tesoro Adobe Spcoial Fed
Revenue: Reimbursement of Expense FM
-
CAI PK - 40530 - 9845
$41,000-W Increase Reveme
Tesoro A+dcbe Special E`=d
Revenue: Donations
CA1 PK - 40530 - 9686
$85,000.00 Increase Revenue
J ICMIc : To establish and provide appropriation for the operation
and maintenance of the park.
J.+ I) * L} zo .1(0
two
CHIEF 4PLO MISTMATI E CIF€dGfR-9 REPORT
REFI;F?RffO To THE CHier ACTION
APM.LM1fi7RATLVE FFIGER FOR
'RECOMMENdATION
AU MITO-R.CONTROLLER
No- •.5 .
'P 31 - f>k
'"'000
AP? OVEa AS REQUERTE0 A6 REviorm
G}1fCF IYAS i 7fvc @fFY
dOMW OF SUPER.015OR.S
-BY
mrmrry couffry o"A
SEND 5 COPIES TO THE Al DMOR-COKTRO -ER
Auacrv9a8N F.
Tesoro Adobe Park
"Er -led Annaial OperatiN 9&Ys and R3+veraue
Fiscal Year
79-Lk5
2
2t106 }7
XL7.06
200e-09
2{}Q4-1{4
1(i 1 +
No, DI Assesmbles EOl1s�LLAiij
927
1.3{1Q
1ADD
1,575
f, 1
As3A7-5mLmi pf!. EDU
S
w 00
$
54.€�IIP
S
81.Or
S
63,2Q
S
65-41
$
1,7c?i
67.70
1,791
No- 0S A5Tiessabfia Property Units
7!
Ot7ti
1.WO
�
-7Q.D7
1.077
1,077
1.1�3
t,1 2
Operating Reaulrarnents
5alartes& rrr+plovee Ber-eriis
$ Srrpplie5
41,OQ0
167,000
17t,000
17a,{10L+
17 ,[CQ
1 3.tiO0
tO8.O00
LLADSerwi
LLAD FreSeiVe
25,004
22.040
5
106,000
30-000
S
110, WO
36,OW
114.0'm
1 t 7.t_�!
422;
1215.0w
t LAQ Adrnrnistrabon
1 T.DOO
27,00D
31 ODO
S
Q.00O
$a,OGCI
S
49.U(ra
5
51.gM
S
53.000
TDW Optrating Requlfemerots
S
100.'DW
S
93D+WO
34a.000
3fs5.b40
S
u-r t;'_JCi
3E2 4OO
5
39.000
3?5,0
40.000
5
407-4C74
Frnsnclrnq Source
LLAD Pri?Dr Year End ReservD
$
.000
S
O,OOa
S
36,O0Li
S
42,DVJ
S
49.000
$
51,01
LLAD Bonetit.Assessmem
S
63,00
$
71,pt)Q
S
8s,0r10
$
9S.00b
S
117,000
g
12I.000
S
125,000
PAasler Ass wim Paymen%
21.003
109.04
120.000
f 2'9,(j O
129,400
-39,400
196.0[F7
One -Time Uarratian
MOW
lrleres=
ROMA aryJ AAVni55scn Fee-i
1-0
2,0OOa
2,000
2.00D
2,000
3,COO
3-4W
-�
2,
Zow
3.000
9,G00
3.{)p0
3.Ot}La
Ti5lal Fltiancing' outcas
S
169,006
S
27G.0CU
S
c39,C10C
SS
2E�9-DOO
5
293,DOO
s
314.400
5
3PCk-ice
Projected Nat County Cost RLlr►ired
S 69L
S
56-Ga4-b04
S
21N)O
S
9�i O0O
S
69,E
$
$1�DOO
s
B7.60D
Average Net CQljnty Cost
i 46'nM3
Nme.5-
,? SWUS CcfeaMY Uik4s owners?r+p ar r ark s$ 91 March 20
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