1052509 Deeds - State of Washington - Outdoor Recreation City of Port Orchard - Contract Tremont Street Park-Playground0
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Project Title
PF.CLJECT AGREEiRENT
Trem°nt Street Park and
Playground Acquisition
Project Number
73-030A
l.% Nature of Ag,re.2r>>znt. This instrument, in 10 pages, of %,,hich
this is.'the first., is intended to set out the ter -.is and conditions, not
otherz•rise appoarin9 in statutes or regulations, of a grant of money from
the Outdoor Recreation Account of the Ge;,eral Fund of the State of Vlash-
ingtcn to a state agency or local public body, herein called the Contract-
Ing Party, in aid of an outdoor recreation project. The state agency
administering the grant is the Interagency Cocr.mittee for Outdoor Recreation,
herein called the Interagency CorioAtter:. "
2. Assent of Cont race i naiParty. The Contracting Party by the
signature cf its authorized representative belotl agrees to be bound
by this i ns t r•ur,aent :
Port Orchard
: Ccnt tact i ng Party
Approved as to form
This 14th day
By- PAUL- D . Po{5.
of _ Ma19 73
`i'itie Mayor
PA Date May 14, 1973
A rf orm for
Contracting Party
3. Assent of InteragencyCom-mittee. The signature of the Ad-,minis-
trator of the Interagency Co;;:;:,ittee belo•.•r witnesses thet the Interagency
Committee agrees to be hound.by this instrument:
Approved "as to form
This ^day
of — 19
SLADE GORTON
Att y General
Assistant Attorney Gc� ral
STATE OF WASfl I ING T ON
Interagency Corc.-nittee. for
Outdoor Recreation _
&1e
R ministrator
Dater _
s33.ov./s
1 t
4. Terms of- An reement . This agreement shall be in effect for the
period from may 19 73 until Mav 31. 19 74
�. Project Assisted. The outdoor recreation project to be assisted
Is the one set out in the Contracting Party's Application to the Inter-
agency Committee, dated September 1 1972 , as approved for fund-
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ing by the Interaaency Com.-nittee at its meeting on the 30th day of
May , 19 73 For identification purposes it is entitled
i remont Street park and Plav'around and briefly described as follows:
The acGuisiton of 4.47 acres of land in the southern part of Port Orchard for
future development as a neighborhood park. This site, in -conjunction with two
°ei'ty owned properties, will provide for a 5.5 acre city park. .This site will
be developed to include picnic area, children's play area and multipurpose fields.
The legal description for the subject property, is attached to this Agreement
as Exhibit A, Page 9.
W
6. Fund 1ng of Proi ect . (a) The total cost .of the proj e'ct
covered by this ag recment is Y' 11 00.00
�b) The Interagency Committee agrees to pay $8,625
or 5 percent of the total project cost, :;hicheve.r anount is
less, from r.onies available in the Outdoor Recreation Account of the
State General Fund.
(c) In addition, the Interagency Cannittee agrees to recor•riend
to the Bureau of Out�oor Recreation, 'United States Department of Interior,
that federal matching funds in the Gmount of S N/A
or N/A perccrit of -the estimated cost, whichever z ount is less,
be approvcd for this project, and the Interagency Co:,: li ttce agrees to
pay to the Con: r; r.t i nq Pa- rt•, any federal rra tch i ng money made available
to the State or Vashinytc.� for the outdoor recreation project covered
by .this agreement.
7. Ccnt i r• :cnc i es - The duly or ti,e interagency to approve
djsb,+rscn-nt ol- lUnL-`pur_uant to this anrec-ment is ccntingent upon strict
eompl f ence by the Cont tact i nS :'arty •ri th the terms of tip i s aq re_arent .
(2)
The duty of'the State of Washington to disburse funds is contingent on
the funds being available in the Outdoor Recreation Account of the State
General Fund.
8. Re uirements of Bureau of Outdoor Recreation. If application
has been made to the Bureau of outdoor Recreation, United States Depart-
ment of Interior, for assistance from the United States Land and Water
Conservation Fund (see paragraph 6 (c)) then a copy of Attachment 1 to
Form BOR 5-92, Land and Water Conservation Fund Project Agreement, General
,Provisi6ns, is attached to this agreement and marked "Attachment A��. If
United States Land and Water Conservation Fund money is made available
for this project, the Interagency Committee will be required to sign an
agreement with the Bureau of Outdoor Recreation and the State of Wash-
ington and the recipient public body will be bound by the attached pro-
visions. Therefore, if Land and Water Conservation Fund money is in-
volved in this project, then the Contracting Party agrees to faithfully
eomply.with all the requirements of Attachment A.
9. Prol ect_ Performance. The Contracting Party sham 1 execute and
complete the approved project in accordance with the time schedule set
forth in the project application. Unless a different schedule appears
in the application or in this agreement, the contractor's performance
shall commence not later than sixty days after the date this agreement
has been signed by the Administrator. Unless otherwise agreed in writing,
the Contracting Party's perfo mance shall be completed by the end of the
period covered by this agreement.
10; Project Administration. (a) The Contracting Party shall promptly
submit such reports as the Administrator of the Interagency Committee may
request.
(b) Property and facilities acquired.or'developed pursuant to this
agreement shall be available for inspection by the Administrator upon
request.
(c) The Cant ract i-ng Party shall submit a final report when the prof ect
is cCOpleted or prematureIy term-nated, or`project assistance is terminated,
The report shall include a Tina) accounting of all expenditures and a
description of the work accomplished. If the project is not completed, the
report shall contain an estimate of the percentage of completion, and shall
indicate the degree of usefulness of the completed project, if not previously
reported. The report shall contain a final accounting summarizing all ex-
penditures not previously reported and shall include an overall- summary
for the entire project.
11: Project Terminatio_n.. All obligations of the Interagency Committee
under this agreement may be suspended or canceled, at the option of the
Interagency Committee, if any of the following has occurred:
(a) The Cont tact ing Party has failed to make satisfactory p-rogress
to complete the project, or will be unable to complete the project, or
any portion of it.
(3)
(b) The Contracting Party is failing to make satisfactory progress
to complete any other project assisted with funds from the Outdoor Rec-
reation Account of the State General Fund, or will be unable to complete
another such project, or any portion of it.
(e) The Contracting Party has made misrepresentation in its
application or in any other information furnished to the Interagency
Committee in connection with this project..
12.E Remedies. Because the benefit to be derived from the full
'compliance with the terms of this agreement is the preservation, pro-
tection, and the net increase in the quantity and quality of public
outdoor recreation•faciIities and resources which are available to
the people of the state and of the United States, and because such
benefit exceeds to an immeasurable and unascertainable extent the
amount of money furnished under the terms of this agreement, the Con-
tracting Party agrees that repayment of an amount equal to the amount
of assistance extended under this agreement by the state of Washington
would be inadequate compensation for any failure to comply with the
terms of this agreement. The Contracting Party agrees, therefore, that
In the event of a breach of this agreement by it, specific performance
shall be an appropriate remedy.
13. Restriction on Conversion of Facility to Ot!ier Uses, The
Contracting Party shall not at any time convert any property or facility
acquired or developed pursuant to this agreement to uses other than those
for which state assistance was originally approved without the prior
approval of the Interagency Committee, in the manner provided by
RCW 43.99.100 for marine recreation land, whether or not the property
was acquired with Initiative 215 funds.
14. Use and Maintenance of Assisted Facility. The Contracting
Party shall operate and maintain, or cause to be operated and maintained,
the property or facilities which are the subject matg_er of this agreement,
as follows:
(a) The property or facilities shall be maintained so as to appear
attractive and inviting to the public.
(b) Sanitation and sanitary facilities shall be: maintained in accord-
ance with applicable state and local public health standards.
(c) The property or facilities shall be kept reasonably safe for
public use.
(d) Buildings, roads, trails, and other structures and improvements
shall be kept in reasonable repair throughout their estimated lifetime,
so as to prevent undue deterioration that would. discourage public use.
(e) The facility sh"al l be kept open for public use at reasonable
hours and times of the year, according to the type of area or -facility.
(f) The property or facility shall be open for the use of all segments
of the public without restriction because of the race, creed, color, sex,
religion, national origir. or residence of the user.
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15. Repo_rt i na . Once a year, the Contracting Party shall certify to
the Administrator that the project and all assisted facilities are being
retained, operated, maintained, and used in accordance with the tens of
this agreement. A report and certification will be partially prepared
by the Interagency Committee and will be sent to the Contracting Party
for completion. The Contracting Party shall also report on specific
matters whenever requested to do so by the Administrator.
16. No Waiver by Interapenc Committee. The Contracting Party
agrees'Xhat failure by the Interagency Committee to insist upon the
strict performance of any provision of this project agreement or to
exercise any right based upon a breach thereof, or acceptance by it
of performance durin, such breach, shall not constitute a waiver of
any of its rights under this project agreement.
17. ldentifyina Markers,. The Interagency Committee reserves
the right to display, during the period covered by this agreement
and after project completion, appropriate signs or markers identifying
the roles of the state and federal agencies participating financially
In this project.
18. Disbursement of Assistance. Disbursement of the grant-in-aid
shall be made in accordance with WAC 286-24-040, after the Contracting
Party has furnished the Administrator such information as he shall deem
necess-a ry to show compliance with applicable statutes and rules and this
agreement.
19. Provisions Aa lvina Only to Accuisi_t_ion Proiects, The following
provisions shall be in force if the project covered by this agreement is
for the acquisition of outdoor recreation land or facilities, but shall
not apply when the project is for development only:
(a) Evidence of Land Value. Prior to disbursement of the assistance
provided for in this agreement, the Contracting Party shall supply evidence
establishing to the satisfaction of the Administrator that the land acquis-
ition cost represents a fair and reasonable price. for the land in question.
(b) Evidence of Title._ The•Contracting Party shall be responsible
for providing satisfactory evidence of title or ability to acquire title
for each parcel prior to disbursement of funds provided by this agreement.
Such evidence may include title insurance policies, Torrens certificates,
or abstracts, and attorneys' opinions establishing that the land is free
from any impediment, lien, or claim which would impair the uses -contemplated
by this agreement.
(c) Recital in Deeds. The Contracting Party shall require that
every deed or other instrument of conveyance of land acquired for this
project with state assistance shall contain the•folioviing provision:
"This conveyance is -made in consideration of money
coming in whole or in part from the Outdoor Recreation
Account of the General Fund of the State of Washington.
The purchaser takes subject to the obligations of the'
project agreement contract between it and the Washington
State,lnteragency Committee for Outdoor Recreation dated
(insert date of this agreement), copies of which are in
possession of the purchaser and the interagency Com:ni ttee.
The project agreement contract provides, amon7 other
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things, that the purchaser shall not at any time
convert this property to uses other than for which
state assistance was originally granted unless it
has obtained prior approval of the Interagency
Committee for Outdoor Recreation in the manner.
requ i red by RCW 43.99 .100 for marine recreation
land, whether or not the property is marine rec-
reation land."
20., _Provisions Aoolvina Only_to Dev_eloome_rt Projects. The
following provisions shall be in force if the project covered by this
agreement is for development of outdoor recreation land or facilities,
but shall not apply when the project is for acquisition only:
" (a) Compliance with the Law. The Contracting Party shall comply
with all laws and regulations applicable to the development project
and to contracts for work done to carry it out.
(b) Compl fiance with Ao_ol i_cat_ion. Unless otherwise agreed to in
writing by the Administrator, the project shall be carried out according
to the plans and proposals submitted by the Contracting Party in, or in
connection with, its application for assistance for the project.
(e) -Installment Payments; Assistance provided by this agreement
for development may be remitted to the Contracting Party in installments,
after receipt of billings, and upon satisfactory proof of completion of
each stage of construction or development. Determination of appropriate
stages for installment payments shall be made by the Administrator, after
consultation with the Contracting Party and with the approval of the Bureau
of Outdoor Recreation, if United States Land and Water Conservation Funds
are involved. Installment payments shall in no event be made more frequently
than monthly. An amount equal to 10% of the funding assistance provided
the Contracting Party by this agreement for eligible development costs may
be withheld until final inspection and certification of project completion
is. made by the Interagency Committee and approved by the Bureau of Outdoor
Recreation.
(d) Contracts for Const rec� ion. Contracts for construction shall
b.e awarded through a process of competitive bidding if required by state
law. No contract required to be let after competitive bidding shall be
awarded until approved by the Administrator. Copies of all bids and
contracts awarded shall be retained for inspection by the Administrator
upon request. Where all bids are substantially in excess of project
estimates, the Administrator may, by notice in writing, suspend the
project and refer the matter to the Interagency Committee for deter-
mination of appropriate action, which may include termination of
assistance for development of the project.
(e) Chance Ordlers.- Any change orders shall be in writing and
shall be made a part of the project file and kept -available for in-
spection or audit upon request.
(f) Nondiscrimination Clauses. Except where a non-discrimination
clause required by the United States is used, the Contracting Party shall
Insert the following nondiscrimination clause in each contract for con-
struction of this project:
"During the performance of this contract, the Contractor
agrees as follows:
"(1) The Contractor will not discriminate against
any employee or applicant for employment be-
cause of race, creed, color, 'or national origin.
- The Contractor will take affirmative action to
ensure that applicants are employed, and that
employees are treated during employment, with-
out regard to their race, creed, color, or
national origin. Such action shall include,
but not be limited to, the following: em-
ployment, upgrading, demotion or transfer;
recruitment or recruitment advertising;
layoff or termination; rates of pay or other
forms of compensation; and selection for
training, including apprenticeship. The
Contractor agrees to post in conspicuous
places, available to employees and applicants
for employment, notices to'be provided by
the contracting officer setting forth the
provisions of this nondiscrimination clause.
11(2) The Contractor will, in all solicitations or
! advertisements for employees placed by or on
behalf of the Contractor, state that all quali-
fied applicants will receive consideration for
employment without regard to race, creed,
color, or national origin.
"(3) The Contractor will send to each labor union or
representative of workers with which he has a
collective bargaining agreement or other con-
tract or understanding, a notice, to be provided
by the agency contracting officer, advising the
said labor union or workers' representative of
the Contractor's commitments under this section,
and shall post copies of the notice in conspicuous
places available to employees and applicants for
employment.
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The Contractor will include one provisions of the
foregoing paragraphs in eve ry' s ub-contract exceeding
$5,000, so that such provisions will be binding upon
each such subcontractor or vendor. The Contractor
will take such action with respect to any subcontract
or purchase order as the Interagency Committee may
direct as a means of enforcing such provisions, in -
eluding sanctions for noncompliance; Provided, how-
ever, that in the event the Contractor becomes in-
volved in, or is threatened with, litigation with
' a subcontractor or vendor as a result of such dir-
ection by the contracting agency, the Contractor
may request the State of Washington to enter into
such litigation to protect its interests."
21. Notices. All notices, demands, requests, consents, approvals,
and other communications which may or are required to be given by either
party to the other under this agreement shall be in writing and shall
be deemed to have been sufficiently given for all purposes when delivered
or mailed by first class postage or certified mail, postage prepaid,
addressed as follows:
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(a) Notice to the State
To: . Interagency Committee for Oytdoor Recreation
P. 0. Box 1489
Olympia, Washington 98501-
or at such address -as the Interagency Committee shall' have furnished
to the Contracting Party in writing.
(b) Not_i ce to the Cont ract i n.; Part
To _ R. G. Lloyd , who serves in
the capacity of City Clerk for the Contracting
P�r'ty, and who has been designated as the Contracting Party's liason
officer for the purposes of this agreement, or to such other officer
or address as the Contracting Party shall have furnished to the
Administrator in writing,
22. Additional Provision:, or Modifications of Standard Provisions.
ACQUISITION PROJECTS ONLY
LOCAL AGENCIES
(a) in thb event that housing and relocation costs, federal law (P.L. 91-646) and state law (Chapter sp aa Laws os contemplated iLy
st
Ex. Sess,); are involved in the execution of this project, the Contracting
Party agrees that such costs, excluding administrative costs, will by added
to the cost of the pr0jec4 and snared propol-tionately by the Interagency
Committee and the Contracting Party;
(b) ` In the event the Interagency Comm, ittee must perform any part ions or
all the work necessary to comply with the relocation requirements of the
above cited federal and state law, the Contracting
such work. Party agrees to 'reim-
burse the.Interagency
Interagency Committee for the actual administrative costs of
Performing
STATE AGENCIES
(a) In the event that housing and relocation costs, as canteen laced by
federal law (P.L.-91-646) and state law (Chapter 240, Laws of 1971, lst Ex.
Secs-), are involved in the execution of this project, the Contracting
Party agrees to provide any housing and relocation assistance that may be
necessary and will assume the administrative costs, with the understanding
that the actual relocation costs will be a part of the total project cost.
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