Approval of a Deed Restriction as a Condition of Receipt of Proposition 68 Grant Funding

City of Piedmont

COUNCIL AGENDA REPORT
DATE:

TO:

FROM:

SUBJECT:

June 5, 2023
Mayor and Council
Rosanna Bayon Moore, City Administrator
Consideration of a Deed Restriction on Piedmont Park to Meet Requirements of Receiving the Proposition 68 Grant for the Replacement of the Pedestrian Bridge

RECOMMENDATION
Authorize the Mayor to sign the attached Deed Restriction on Piedmont Park to meet the requirements of receiving the Proposition 68 Grant for the replacement of the pedestrian bridge

BACKGROUND
The City has received a $177,952 grant from the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68). A portion of these funds estimated at $130,000 will be used to replace a pedestrian bridge in Piedmont Park.

Grant regulations require that the receiving party (the City) secure a deed restriction on the property where monies are to be spent, safeguarding the property for purposes consistent with the Grant for the duration of the contract. A Deed Restriction must be recorded on the title to the property before the State will approve any grant payments.

DISCUSSION
In the last few months, a pedestrian bridge at the southwesterly portion of Piedmont Park partially failed. Protective railings collapsed due to rotten wood. As a safety measure, temporary railings have been constructed as shown in the picture on the following page:

The existing bridge is old and in need of replacement. Staff has estimated that the bridge replacement will cost up to $130,000. Staff proposed and Council approved using Proposition 68 for replacement of the subject bridge.

Based on Proposition 68 guidelines and regulations associated, a deed restriction is required on the property where improvements are to be constructed in order to ensure that the funds are used for projects that will be utilized until 2048. In this case, a deed restrictions on the parcel encompassing Piedmont Park is involved.

State guidelines have provided the language associated with the deed restriction and require that the wording not be changed. Staff has attached the deed restriction form as required by the State.

If authorized, the Mayor will sign the document, her signature shall be notarized and the deed shall be recorded. Once recorded, a copy of the notarized and recorded document will be sent to the State.

FISCAL CONSIDERATIONS
No fiscal impacts result from recording the deed restriction. By signing and recording the deed restriction, funds from the State can be used to replace the bridge.

CITY ATTORNEY REVIEW
The City Attorney has reviewed and approved the Agreement as to form.

ATTACHMENTS
Deed Restriction
Legal Description of Property
Grant Contract
By: Daniel Gonzales, Public Works Director
John Wanger, City Engineer
Agenda Report Page 2
RECORDING REQUESTED BY:

California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:

Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Erin Spencer

DEED RESTRICTION
WHEREAS, the City of Piedmont (hereinafter referred to as “Owner”) is the recorded owner of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and
WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the “PRC”); and WHEREAS, Owner received an allocation of grant funds pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program for improvements on the Property; and
WHEREAS, on February 15, 2022, DPR’s Office of Grants and Local Services conditionally approved Grant C9801133, (hereinafter referred to as “Grant”) for improvements on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and
WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the Per Capita Program and the funds that are the subject of the Grant could therefore not have been allocated; and WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction requirement of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for themselves and for their heirs, assigns, and successors-in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.

1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018, to June 30, 2048 (30 years).

Attachment A Agenda Report Page 3

2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-deeded property.

3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.

4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding such breach, or any subsequent breach.

SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired. _______________________________________________________________________ AUTHORIZED REPRESENTATIVE Signature Date
_______________________________________________________________________ Print Name and Title

CITY OF PIEDMONT
Attachment A Agenda Report Page 4

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
Attachment B Agenda Report Page 5
Attachment B Agenda Report Page 6 Project 108945
Attachment B Agenda Report Page 7 Project 108945

Piedmont City CouncilJune 5, 2023

Piedmont City Council
June 5, 2023