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AGREEMENT BETWEEN THE CITY OF REDLANDS AND LARRY JACINTO CONSTRUCTION, INC. FOR THE GRANT OF FUNDS FOR IMPROVEMENTS TO THE PROPOSED ZANJA TRAIL PARKING LOT This agreement ("Agreement") for the grant of City funds for improvements to the proposed parking lot serving the Zanja Trail is made and entered into this 20th day of February, 2024 ("Effective Date), -by and between the City of Redlands, a -California municipal corporation and general law city ("City"), and Larry Jacinto Construction, Inc. a California corporation ("Grantee"). City and Grantee are sometimes individually referred to herein as a "Party" and, together, as the "Parties." RECITALS WHEREAS, the City Council is in receipt of a' grant proposal submitted by Larry Jacinto Construction, Inc. which requests funding for the completion of certain improvements associated with the construction of the proposed Zanja Trail; and WHEREAS, City has found and determined that the provision of fiends to Grantee for the improvements to the parking lot serves a public purpose for the reason that the funds will facilitate the increase in downtown parking to the Redlands community and contribute to the City's goals of enhancing tourism and economic development;" NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: AGREEMENT Section 1. Grant. City hereby grants to Grantee the sum of Two Hundred Thousand dollars ($200,000.00) (the "Grant Funds") pursuant to the request of Grantee set forth in its grant proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference. City shall disburse the Grant Funds to Grantee on or before February 29, 2024. Section 2. Restrictions on Use of Funds. Grantee warrants and represents that the Grant Funds shall not be used for any activity that would violate City, State, or federal statutory or decisional law, and shall be expended solely for improvements Grantee proposes to make to the Zanja Trail parking lot as more particularly described in Exhibit "A" (the "Improvement Work"). In the event the Grant Funds are not used for the Improvement Work, Grantee shall provide written notification to City and shall return the Grant Funds in full to City within ten (10) days of such notice. If the Grant Funds are not fully expended by or before May 3, 2024, Grantee shall return the unexpended Grant Funds to City within thirty (30) days of such date. Section 3. Compliance with California Labor Code. In performing the Improvement Work, Grantee shall comply with all applicable federal, state, and local laws, including, but not limited to, any applicable provisions of the California Labor Code. City makes no representation to Grantee as to whether the Improvement Work constitutes a "Public Work" as that term is defined by California Labor Code section 1720, and Grantee acknowledges and agrees that Grantee shall be solely responsible and liable for the determination of whether such Improvement Work constitutes a "Public Work." Grantee further acknowledges and agrees that City's sole obligation under this 1 I:\cmo\Agreements\Larry Jacinto Construction, Inc, Grant Agreement (Zanja Trail Parking Lot) FY23-OW t,docx-msv2