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ORDINANCE NO. O25-13
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
GLENDALE,
MARICOPA
COUNTY,
ARIZONA,
AUTHORIZING THE EXECUTION OF A PRESERVATION AND
CONSERVATION EASEMENT DEED IN FAVOR OF THE
ARIZONA STATE PARKS BOARD AT THE FIRST UNITED
METHODIST CHURCH OF GLENDALE SANCTUARY AND
DIRECTING THE CITY CLERK TO RECORD A CERTIFIED
COPY OF THIS ORDINANCE.
WHEREAS, the First United Methodist Church owns the Sanctuary (the “Property”) of the
First United Methodist Church of Glendale; and
WHEREAS, the City of Glendale (the “City”) is the grant participant on behalf of the First
United Methodist Church; and
WHEREAS, in support of the Glendale First United Methodist Church Historic
Preservation Improvements Project (Grant Project #: 642303), the Arizona State Parks Board (the
“Board”) is requesting a new easement as legally described in the Preservation and Conservation
Easement Deed, attached to this Ordinance as Attachment 1; and
WHEREAS, the First United Methodist Church is willing to provide the Board
preservation and conservation easements to protect its facilities; and
WHEREAS, the Board is authorized to accept preservation and conservation easements to
protect property significant in national and Arizona history and culture under Arizona Revised
Statutes §§ 41-511.03, 41-511.05, and 33-271 through 33-276; and
WHEREAS, because of its architectural, historic, archaeological and/or cultural values and
significance, the Property was listed in the Arizona Register or the National Register of Historic
Places on January 11, 2006; and
WHEREAS, First United Methodist Church, the City, and the Board recognize the
architectural, historic, archaeological and/or cultural values and significance of the Property, and
have the common purpose of conserving and preserving those values and significance; and
WHEREAS, the grant of a preservation and conservation easement on the Property by First
United Methodist Church to the Board will assist in preserving and maintaining the Property and
its architectural, historic, archaeological, and/or cultural features for the benefit of the people of
the State of Arizona and the United States of America; and
WHEREAS, to that end, First United Methodist Church desires to grant, and the Board
desires to accept a preservation and conservation easement on the Property (the "Easement") for
the period of 30 years starting on the effective date (the “Term of Public Use”) which shall run
with the land and be binding upon First United Methodist Church’s successors and assigns; and
WHEREAS, City will receive financial grant assistance from the Board and will deploy
that financial assistance as described in the preservation and conservation easement, and therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows:
SECTION 1. That the City Council approves participating in the grant of the preservation
and conservation easement to the Board and authorizes and directs the City Manager to execute
the easement, attached to this Ordinance as Attachment 1, on behalf of the City.
SECTION 2. That the City Clerk is instructed and authorized to forward a certified copy
of this Ordinance and preservation and conservation easement (once the easement is signed by the
City, First United Methodist Church and the Board) for recording to the Maricopa County
Recorder’s Office.
SECTION 3. That the provisions of this Ordinance shall become effective thirty (30) days
after passage of this Ordinance by the Glendale City Council.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of
Glendale, Maricopa County, Arizona, this 8th day of April, 2025.
_____________________________
Mayor Jerry P. Weiers
ATTEST:
________________________________
Julie K. Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
________________________________
Michael D. Bailey, City Attorney
REVIEWED BY:
________________________________
Kevin R. Phelps, City Manager
When recorded, mail to:
Arizona State Parks
1110 W Washington, Suite 100
Phoenix, AZ 85007
Attn: Grants and Trails Section
PRESERVATION AND CONSERVATION EASEMENT DEED
(Use when Grant Participant Does Not Own Property to be Improved by Grant)
Grant Project Title: Glendale First United Methodist Church Historic Preservation
Improvements
Grant Project #: 642303
THIS PRESERVATION AND CONSERVATION EASEMENT DEED, made this _____
day of ___________________, __________ ("Effective Date") by and between The City of
Glendale (Participant), First United Methodist Church of Glendale (Property Owners)
and the Arizona State Parks Board (Board).
WHEREAS, Property Owner is owner in fee simple of certain real property located in
Maricopa County, Arizona, more particularly described in Exhibit C (the "Property");
WHEREAS, the Board is authorized to accept preservation and conservation easements
to protect property significant in national and Arizona history and culture under
Arizona Revised Statutes §§ 41-511.03, 41-511.05, and 33-271 through 33-276;
WHEREAS, because of its architectural, historic, archaeological and/or cultural values
and significance, the Property was listed in the Arizona Register or the National
Register of Historic Places on January 11, 2006;
WHEREAS, Property Owner, Participant, and the Board recognize the architectural,
historic, archaeological and/or cultural values and significance of the Property, and
have the common purpose of conserving and preserving those values and significance;
WHEREAS, the grant of a preservation and conservation easement on the Property by
Property Owner to the Board will assist in preserving and maintaining the Property and
its architectural, historic, archaeological, and/or cultural features for the benefit of the
people of the State of Arizona and the United States of America;
WHEREAS, to that end, Property Owner desires to grant, and the Board desires to
accept a preservation and conservation easement on the Property (the "Easement") for
the period of 30 years starting on the effective date (the “Term of Public Use”) which
shall run with the land and be binding upon Property Owner’s successors and assigns.
THEREFORE, in consideration of the sum of $135,598.00 that Participant received as
grant assistance through the Board from the Arizona State Parks Heritage Fund to be
used to improve the Property, Property Owner does voluntarily grant and convey to
the Board the Easement for the Term of Public Use.
Page 2 of 4
2
I. PURPOSE
The purpose of the Easement is to assure that the architectural, historic, archaeological
and/or cultural features of the Property will be retained and maintained for the Term of
Public Use, to prevent any use or change of the Property that will significantly impair or
interfere with the Property's architectural, historic, and/or cultural values and
significance, and to provide public access.
II. PROPERTY OWNER AND PARTICIPANT’S COVENANTS
During the Term of Public Use:
A. The Property Owner agrees to assume the cost of the continued maintenance and
repair of the Property and to preserve and/or enhance the architectural, historic,
and/or cultural features of the Property that made it eligible for listing in the Arizona
Register or the National Register of Historic Places.
B. The Property Owner agrees that no visual or structural alterations will be made on
the property during the term of this Easement without prior written permission of the
Participant.
C. The Property Owner agrees that the Participant or Board, and their agents or
designees, shall have the right to inspect the Property at all reasonable times in order to
ascertain whether or not the conditions of this Easement are being observed.
D. The Property Owner agrees that when the Property is not clearly visible from a
public right-of-way or includes interior work funded with Arizona Heritage Fund
grants, the property will be open to the public for the purpose of viewing the grant-
funded work no less than 12 days a year and at other times by appointment. The
Property Owner may charge a reasonable, non-discriminatory admission fee,
comparable to fees charged at similar facilities in the area. Notice of the time and dates
when the facility will be open must be published in newspapers of general circulation in
the community in which the Property is located at least once per year. Property Owner
must keep documentation of the notice publications, which will be available for
inspection by the Participant or Board or their agents or designees during the Term of
Public Use.
E. In the event that Property Owner breaches any of the terms of this Easement,
Property Owner agrees to reimburse the Participant and/or the Board the amount of
the grant plus all fees and expenses incurred in connection with the enforcement of the
Easement, including but not limited to court costs, expert and attorney's fees, and
interest.
F. Property Owner agrees to indemnify, release and hold harmless the Board, its
employees, officers, agents and assignees from any costs, claims, damages,
reimbursements, or payments related to this Easement. Property Owner additionally
agrees that the Board, its employees, officers, agents and assignees have no obligation
for maintaining, repairing, or administering the Property or the Easement.
Page 3 of 4
3
G. Property Owner agrees to provide timely notice to the Board of the sale or transfer of
the property, and to provide the new owner or occupant with a copy of this Easement.
H. Property Owner and Participant acknowledge that they have read and understand
the Participant Agreement and its attachments, which are attached as Exhibit “A.”
Page 4 of 4
4
IN WITNESS WHEREOF, the Property Owner, Participant, and the Board have
executed this Easement which shall become effective immediately upon signature by all
parties.
PARTICIPANT
ACKNOWLEDGMENT BY
PARTICIPANT
___________________________________
State of Arizona
)
Signature
County of ______________
)
___________________________________
The foregoing instrument was
Print Name
acknowledged before me this _______
day of _______________, _________ by
___________________________________
___________________________________
Title
Participant
___________________________________
Date
Notary Public
(Seal)
PROPERTY OWNER
ACKNOWLEDGMENT BY PROPERTY
OWNER
___________________________________
State of Arizona
)
Signature
County of ______________ )
___________________________________
The foregoing instrument was
Print Name
acknowledged before me this _______
day of _______________, _________ by
___________________________________
___________________________________
Title
Property Owner
___________________________________
Date
Notary Public
(Seal)
ARIZONA STATE PARKS BOARD
ACKNOWLEDGMENT BY BOARD
___________________________________
State of Arizona
)
Signature
County of ______________ )
___________________________________
The foregoing instrument was
Print Name
acknowledged before me this _______
day of _______________, _________ by
___________________________________
___________________________________
Title
Arizona State Parks Board
___________________________________
Date
Notary Public
(Seal)
Arizona State Parks
1110 W Washington St, Phoenix, AZ 85007
PROJECT SPONSOR AGREEMENT
This Agreement is entered into by and between the Arizona State Parks Board (BOARD) and the City of
Glendale (PROJECT SPONSOR) and shall become effective on the date of signature by the authorized
representative of Arizona State Parks.
PROJECT TITLE:
Glendale First United Methodist Church Historic Preservation
Improvements
PROJECT NUMBER:
ASPT #: 642303
THIRD PARTY PARTICIPANT’S NAME:
FY OF REVENUE:
2023
PROJECT PERIOD:
All expenses and match to be submitted prior to 06/30/2026
GRANT PROGRAM:
Heritage Fund Historic
Preservation
GRANT
AMOUNT:
$135,598.00
PARTICIPANT MATCH:
$143,597.00
TOTAL PROJECT COST:
$279,195.00
APPROVED SCOPE OF WORK
AND SPECIAL CONDITIONS:
Attachment A & B
AUTHORITIES TO ENTER INTO THIS AGREEMENT:
(statute, resolution, minutes, etc.)
STATUTE: ARS § 41-501-504 RESOLUTION: R22-27
AWARDING OFFICIAL ON
BEHALF OF THE ARIZONA
STATE PARKS BOARD: _______________________________________ _______________
Signature Date
Kevin Brock
Assistant Director
ACCEPTANCE OF ALL TERMS OF THIS
AGREEMENT AND ITS ATTACHMENTS IS
ACKNOWLEDGED BY THE PROJECT SPONSOR’S
SIGNATURE BELOW.
PARTICIPANT ATTORNEY APPROVAL AS TO
FORM AND AS BEING WITHIN THE AUTHORITY
OF THE PROJECT SPONSOR (optional)
Vicki L. Rios, Assistant City Manager
_____________
Date
____________________________________________
Attorney’s Signature
___________
Date
The most recent version of the General Provisions based on the Project Sponsor and project type are attached and incorporated into this agreement.
Vicki Rios (Aug 17, 2023 13:09 PDT)
Aug 17, 2023
Kevin Brock (Aug 18, 2023 14:17 PDT)
Arizona State Parks
PROJECT SPONSOR AGREEMENT
Attachment A
Approved Project Scope and Special Conditions
PROJECT SPONSOR: City of Glendale
PROJECT TITLE: Glendale First United Methodist Church Historic Preservation Improvements
PROJECT NUMBER: 642303
PROJECT DESCRIPTION: This project addresses critical issues related to structural stability,
weather damage, hazardous electrical conditions and emergency exit improvements to reduce the
potential for fire or physical injury. Scope items include structural brick repair and repointing of walls,
wood roof truss reinforcement, critical electrical safety upgrades, egress improvements and door
restoration, roof flashing repairs, concrete stairwell/areaway repairs and wood windows and trim
stabilization repairs. These items were identified priorities in the most recent building condition
assessment and electrical engineering evaluation. Electrical repairs do not include service upgrades.
APPROVED PROJECT SCOPE:
Contractual .............…………………………………………………………………....
$271,195.00
Other .............…………………………………………………………………………....
$8,000.00
Total
$279,195.00
DESCRIPTION AND SOURCE(S) AND AMOUNTS FOR APPROVED MATCH
A minimum of 40% match is required for reimbursement. The City of Glendale will provide up to
$143,597.00 in staff and cash match for this project.
SPECIAL CONDITIONS:
The administration of this grant Participant Agreement is also subject to the contents of the Administrative
Guidelines for Awarded Grants published by Arizona State Parks.
Actual project work must begin within 6 months of the fully executed Participant Agreement; construction must
begin within 18 months of the fully executed Participant Agreement.
Preliminary design plans, conceptual drawings, and/or construction documents must indicate the project complies
with the Secretary of Interior's Standards for Preservation. Onsite work may not proceed until such
documentation is submitted for review by the SHPO and subsequently accepted by the Grant Program
Coordinator.
The Secretary of the Interior’s Standards for Rehabilitation (Standards) must be followed for all
Heritage Preservation Grant projects (https://www.nps.gov/tps/standards/rehabilitation.htm).
A final summary report and project "after" photos (if applicable) must be submitted with the required closure
documentation.
A.
Grant funding has been awarded based on preliminary review of the proposed rehabilitation.
Selected grant recipients shall submit documentation to the State Historic Preservation Office for review
and concurrence with a Finding of “no adverse effect” for the proposed rehabilitation work, prior to
commencing with construction. The review submission shall include:
1. A narrative Scope of Work, specifically describing scope elements that will have an affect on the
character-defining features of the property.
2. Design (or construction) drawings with a sufficient level of detail to understand the impact of the
proposed rehabilitation work on the historic character of the property. If the information does not
provide enough detail to understand the extent of the rehabilitation, additional information may be
requested to complete the SHPO review.
3. Photographs of the existing condition of the historic property. The photos shall include exterior
elevations of all sides of the building and all areas of proposed rehabilitation work, both interior and
exterior.
4. The SHPO review documentation shall be submitted electronically to azshpo@azstateparks.gov.
Detailed status quarterly reporting in ASPT’s on-line system is required. Failure to provide these
reports when requested will result in points being deducted in future funding requests and project
funds being withdrawn. Failure to provide status reports when required my result in funds being
withdrawn. (End of September, December, March and June)
See the General Provisions – Attachment B
OTHER CONDITIONS
Every payment obligation of the State under this Agreement is conditioned upon the availability of funds
appropriated or allocated for the payment of such obligation. If funds are not allocated and available for
the continuance of this Agreement, this Agreement may be terminated by the State in the event this
provision is exercised, and the State shall not be obligated or liable for any future payments or for any
damages as a result of termination under this paragraph.
Allocated project funds can only be expended on the designated scope items. Any changes to the scope
of work prior to, or during construction, shall be submitted prior to the implementation of the revised
work for SHPO review and concurrence.
At the completion of the project, a SHPO representative will visit the property to ensure that all work
completed has been performed in accordance with the Standards. If changes have been made without
SHPO review, and these changes have been deemed to result in a loss of integrity to the property, grant
funds may be withheld.
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Arizona State Parks and Trails
GRANT PROJECT SPONSOR AGREEMENT
Attachment B
General Conditions Applicable to Project Grants
This Agreement applies to grants for non-motorized projects awarded pursuant to the Off-Highway Vehicle
Program, the Recreational Trails Program, Heritage Fund Program and State Lake Improvement Fund Program.
PART I – DEFINITIONS
For purposes of this Agreement:
A.
“Agreement” means the Grant Project Sponsor Agreement and its attachments.
B.
“AORCC” is the Arizona Outdoor Recreation Coordinating Committee. Together, AORCC and the Board
are “the Parties.”
C.
“BOARD” means the Arizona State Parks BOARD. Together, AORCC and the Board are “the Parties.”
D.
“Conversion” means the replacement of grant-funded facilities with new facilities that are of reasonably
equivalent usefulness and location as the original.
E.
“Eligible Costs” mean direct costs attributed to the project grant program, such as: 1) compensation of hired
employees for the time and efforts devoted specifically to the execution of the grant; 2) cost of materials
acquired, consumed, or expended specifically for the purposes of the grant; 3) equipment and other capital
expenditures; 4) other items of expense incurred specifically to carry out the participant agreement; and 5)
direct services furnished specifically for the grant program by other agencies. These costs are identified by
the PROJECT SPONSOR in the Estimated Project Cost Sheet that is submitted with the Certified
Application Form and application packet. The costs are then approved by the BOARD or by an amendment
to this Project Agreement. Generally, eligible costs are identified in the applicable grant manual.
F.
“Facilities” mean capital improvements.
G.
“Fund” means the Federal Recreational Trails Program.
H.
“Guidelines” mean the Administrative Guidelines for Awarded Grants and any other applicable program
directives adopted by the BOARD.
I.
“Ineligible Costs” are those costs incurred for a common or joint purpose benefiting more than one cost
objective and not readily assignable to the cost objectives of the project.
J.
“Match” includes cash, in-kind contributions, or donations, including volunteer time or materials
contributed to the project with no intention of reimbursement.
K.
“Obsolescence” means that an area or facility may be determined obsolete during the Term of Public Use
if (1) reasonable maintenance and repairs are not sufficient to keep the facility or equipment operating; (2)
changing needs dictate a change in the type of facilities or equipment provided; (3) operating practices
dictate a change in the type of facilities or equipment required; or (4) the facility or equipment is destroyed
by fire, natural disaster, or vandalism. Declaring the facility obsolete means that the PROJECT SPONSOR
receives a waiver of the replacement requirements. No later than 90 days after a facility or equipment is
taken out of public use, the PROJECT SPONSOR may request a waiver of repayment or replacement
requirements in writing. A determination of obsolescence may be made at the sole discretion of the
BOARD.
L.
“PROJECT SPONSOR” means an eligible applicant that has been awarded a grant to develop a project or
coordinate an education program.
M.
“Project” means the sum of the activities identified with specific costs in the grant application packet that
are eligible under the referenced grant application manual and have been approved by the BOARD.
N.
“Project Period” means the period of time during which all approved work and related expenditures
associated with development of the project are to be completed by the PROJECT SPONSOR.
O.
“Repayment” means returning grant money to the Fund in the event the PROJECT SPONSOR expends
advanced funds for ineligible costs or fails to expend the advanced funds for eligible project costs during
the term of this grant.
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P.
“Sub-contract” means an Agreement/contract between the PROJECT SPONSOR and another individual or
entity whereby labor, work, services, or other responsibilities are supplied or performed in furtherance of
the PROJECT SPONSOR’S responsibilities under this Agreement
Q.
“Term of Public Use” means the time required for public use. The Term of Public Use of the grantassisted
facilities must be at least:
1. Equipment (personal property) grant investment of more than $50,000 per item: 25 years
2. Facilities (real property): 25 years
3. Land: 99 years unless obsolescence applies. The Term of Public Use will begin on the date of completion
identified in the Completion Certification Letter.
PART II – PERFORMANCE
A. ADMINISTRATION
1.
Conditions - This Agreement is subject to the availability of grant funds and appropriate approvals,
and is subject to the Constitution of the State of Arizona, the Arizona Revised Statutes, the Arizona
Administrative Code, other acts of the Arizona Legislature, executive orders of the Governor, and the
decisions and policies of the BOARD.
2.
Incorporation of Application, Grant Manual, and Administrative Guidelines - The following
documents are incorporated by reference into this agreement: The PROJECT SPONSOR'S grant
application packet; the applicable grant manual; and the most recent revision of the Administrative
Guidelines for Awarded Grants. In the event of a conflict or ambiguity, the terms of this Agreement and
Attachments A and B to this Agreement must take precedence.
3.
Use of Grant Funds - Awarded grant funds must be used solely for eligible purposes of the funding
program, as defined by statute and as approved by the BOARD.
4.
Transfer of Grant Funds - Awarded grant funds will be transferred to the PROJECT SPONSOR
according to the terms of this Agreement. Staff will not process reimbursements requests for less than
$1,000 unless it is the final request.
5.
Grant Retention - Ten percent (10%) of the grant amount will be retained from reimbursement until
Staff notifies the PROJECT SPONSOR in writing that the project is officially closed and completed.
6.
Grant Accountability - Grant funds must be managed separately within the PROJECT SPONSOR’S
accounting system that identifies the name and number of this project. The funds must only be expended
as authorized under the terms of this Agreement.
7.
Accomplishment of Project - The project must be accomplished according to the terms of this
Agreement and applicable State laws.
8.
Amendments - This Agreement may be amended in writing by the Parties of the Agreement upon
written request of the PROJECT SPONSOR, good cause shown, and approval by the BOARD. Eligible
amendments include adjustments to the project period, funding amount, or minor changes to the scope
items.
9.
Use of Project - Project accomplishments must be open or available to the public as specified in the
Term of Public Use. If the grant funded capital improvements are not maintained and kept open for public
use for the term specified in the Term of Public Use, the PROJECT SPONSOR must refund to the BOARD
the awarded grant amount within six (6) months of the date the improvements are no longer maintained or
kept open for public use, unless the BOARD agrees that obsolescence or conversion is appropriate.
10.
Special Conditions - Special conditions to this agreement are binding upon and inure to the benefit
of the successors and assigns of each of the Parties to this agreement. Breach of any condition will be
enforceable by any remedies available under applicable Federal or State law.
11.
Conversion - No land or facilities acquired or developed with State assistance will, without the
approval of the BOARD, be converted to other than public use during the Term of Public Use. The BOARD
will approve such conversion only if it finds the replacement property to be in accord with the current grant
statute. Conversions will require the substitution of other properties of at least equal fair market value and
of reasonably equivalent usefulness and location, and concurrence of the landowner. The replacement
property will then become subject to this agreement. In lieu of conversion, the PROJECT SPONSOR may
apply for a declaration of obsolescence. In the event the BOARD provides grant assistance for the
acquisition and/or development of real property subject to reversionary interests, with full knowledge of
those reversionary interests and with written notice of those reversionary interests, conversion of said
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property to other than public uses as a result of such reversionary uses being exercised may be approved.
The PROJECT SPONSOR must notify the BOARD of the conversion as soon as possible and seek approval
of replacement property in accord with the conditions set forth in this agreement. The PROJECT SPONSOR
must accomplish such replacement within a reasonable time, acceptable to the BOARD, after the
conversion of the property occurs. This paragraph also applies to (1) leased properties acquired and/or
developed with Fund assistance, where such lease is terminated prior to its full term pursuant to lease
provisions known and agreed to by the BOARD; and (2) properties subject to other outstanding rights and
interests known to and agreed to by the BOARD.
B. RELATIONSHIP OF PROJECT COSTS TO THE PROJECT PERIOD
Except for pre-agreement costs approved by the BOARD, only those costs associated with approved project
work incurred during the project period will be eligible for reimbursement according to the terms of this
agreement. Combined pre-agreement and design and engineering costs must not exceed 10% of the
approved grant award.
C. ACQUISITION
Values of property purchased with grant assistance must be appraised by an appraiser with active State
certifications according to the Uniform Standards of Professional Appraisal Practice. This appraisal must
be prepared within one year prior to the acquisition. Grant participation must be according to the grant
award amount, the approved market value, or the purchase price, whichever is less.
D. CARE AND DISPOSITION OF EQUIPMENT
Equipment purchased with grant funds to develop a project may remain in the possession of the PROJECT
SPONSOR for as long as the equipment is being used for eligible project work, at the sole discretion of
State Parks. State Parks reserves the right to claim equipment purchased under this Agreement when it is
no longer being used for the purpose for which it was purchased.
E. SUB-CONTRACTS
1.
Sub-contracts awarded to accomplish the project must incorporate by reference, in each sub-
contract, the provisions of this Agreement. The PROJECT SPONSOR bears full responsibility for
acceptable performance under each sub-contract.
2.
The PROJECT SPONSOR must pay when due any claim of a sub-contractor, employee,
independent contractor, or any other employed individual performing the approved work for services
pursuant to this Agreement.
3.
Any sub-contract for employment by the PROJECT SPONSOR must be in writing and contain a
provision whereby a person so employed or with whom a sub-contract has been entered acknowledges that
the State of Arizona and the BOARD are not be liable for any costs, claims, damages, reimbursement, or
payment of any kind relating to such sub-contract.
F. PROJECT REPORTING, REVIEWS, AND ON-SITE INSPECTIONS
1.
The PROJECT SPONSOR must submit a project status report not less than quarterly. The status
report will include, at a minimum, the following: (a) progress toward completing the approved scope of
work; and (b) any problems encountered and solutions to problems regarding completion of the project.
Failure to submit the reports will result in delays in grant reimbursement or advance processing. The
PROJECT SPONSOR must consult with the BOARD, as needed, to review progress. The BOARD reserves
the right to review the progress of the project and to conduct on-site inspections, as applicable and as
needed, at any reasonable time during the project period or required Term of Public Use in order to assure
compliance with the terms of this agreement.
2.
The PROJECT SPONSOR must certify compliance with the Project Agreement every five years,
until the end of the Term of Public Use, on a form to be provided by the BOARD. In addition, on-site
inspections will be conducted periodically at the discretion of the BOARD. The following will be taken
into consideration during the inspection of properties that have been acquired or developed with grant
assistance: retention and use; appearance, and maintenance.
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3.
The PROJECT SPONSOR must provide the Board with written consent of the landowner to
conduct on-site inspections; failure to do so is a failure to keep or maintain the property for public use.
G. EARNED INTEREST ON ADVANCED FUNDS
Interest generated from funds advanced to the PROJECT SPONSOR during the project period must be used
to further the purposes of the specified project. Funds advanced, but not spent to complete the project, must
be returned to the BOARD at the completion of the project.
H. PRODUCT OR PUBLISHABLE MATTER OWNERSHIP
With written permission from the BOARD or Arizona State Parks, the PROJECT SPONSOR may use
products or publishable matter produced with grant assistance the BOARD will have nonexclusive license
to use and reproduce, without payment, such materials. The PROJECT SPONSOR must receive written
permission from State Parks prior to utilizing publishable material for commercial or public purposes. This
paragraph is not applicable to architectural or engineering plans produced with grant assistance.
I. FUND SOURCE RECOGNITION
The PROJECT SPONSOR must permanently and publicly acknowledge the grant program(s) that assisted
project accomplishments (including, but not limited to: final documents; audio-visual recordings;
photographs; plans; drawings; publications; advertisements; and project plaques). At a minimum, this
acknowledgment must include the following: "This program was financed in part (or in full) by a grant
from the Federal Recreational Trails Program administered by the Arizona State Parks.”
J. PROJECT COST VERIFICATION
The PROJECT SPONSOR must submit project expenditure documents to the BOARD or State Parks for
verification or audit purposes, upon request.
K. TRANSFER OF CONTRACTUAL RESPONSIBILITY
The PROJECT SPONSOR may transfer responsibilities under the terms of this agreement to another
eligible participant, provided that approval has been granted by the BOARD in writing prior to the transfer.
PART III – COMPLIANCE
A. ANTI-TRUST
Vendor and purchaser recognize that, in actual economic practice, overcharges from anti-trust violations
are borne by purchaser. Therefore, the PROJECT SPONSOR hereby assigns to BOARD any and all claims
for such overcharges.
B. ARBITRATION
In accordance with A.R.S. § 12-1518, the parites agree to resolve all disputes arising out of or relating to
this Agreement through arbitration, after exhausting applicable administrative review execpt as may be
requied by other applicable statutes. Venue shall be in Maricopa County, Arizona.
C. APPLICABLE LAW
In accordance with A.R.S. § 51-2501, et seq, and A.A.C. R2-7-101, et seq. Agreement shall be governed
and interpreted by the laws of the State of Arizona and the Arizona State Procurement Code.
D. NON-DISCRIMINATION
In accordance with A.R.S. § 41-1461, et seq, Agreement shall provide equal employment opportunites for
all persons, regardless of race, color, creed, religion, sex, age, national origin, disability or political
affiliation. PROJECT SPONSOR shall comply with all applicable provisions of the Arizonans with
Disabilities Act of 1992, A.R.S. § 41-1492, et. seq. and the Americans with Disabilities Act, (Public Law
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101-336, 42 U.S.C. 12101-12213 and 47 U.S.C. § 225 and 611), and applicable state rules and federal
regulations under the Acts.
E. E-VERIFY
In accordance with A.R.S. § 41-4401, PROJECT SPONSOR warrants compliance with all Federal
immigaration laws and regulations relating to employees and warrants its compliance with AAC section
A.R.S. § 23-214, Subsection A.
F. AUDIT AND RECORDS RETENTION
In accordance with A.R.S. § 35-214, the PROJECT SPONSOR shall retain and shall contractually require
each subcontractor to retain all data, books and other records (“records”) relating to this Agreement for a
period of five years after completion of the Agreement. All records shall be subject to inspection and audit
by the State at reasonable times. Upon request, the PROJECT SPONSOR shall produce the original of any
or all such records.
G. CONFLICT OF INTEREST
In accordance with A.R.S. § 38-511, state may within three years after execution cancel the Contract,
without penaly or further obligation, if any person significantly involved in initiatingm negotiating,
securing, drafting or creating the Agreement on behalf of the State, at Agreement in any capacity or a
consultant to any other party of the Agreement with respect to the subject matter of the Agreement.
H. REMEDIES
1. The BOARD may temporarily suspend grant assistance obligated to the PROJECT SPONSOR pending
required corrective action by the PROJECT SPONSOR or pending a decision to terminate the grant by
the BOARD.
2. The PROJECT SPONSOR may unilaterally terminate this Agreement at any time before the first
payment is made. After the initial payment, this Agreement may be terminated, modified, or amended
by the PROJECT SPONSOR only by written mutual agreement of the Parties.
3. The BOARD may terminate this Agreement in whole or in part at any time before the date of completion
if it determines that the PROJECT SPONSOR has failed to comply with the terms or conditions of the
grant. The BOARD will promptly notify the PROJECT SPONSOR in writing of the determination and
the reasons for the termination, including the effective date. All payments made to the PROJECT
SPONSOR must be returned to the BOARD if this Agreement is terminated for cause.
4. The BOARD or PROJECT SPONSOR may terminate this Agreement in whole or in part at any time
before the date of completion when both Parties agree that the continuation of the development project
would not produce beneficial results commensurate with the further expenditure of funds. The two
Parties must agree upon the termination conditions, including the effective date and, in the case of partial
termination, the portion to be terminated. The PROJECT SPONSOR must not incur new obligations for
the terminated portion after the effective date and must cancel as many outstanding obligations as
possible. The BOARD may allow full credit to the PROJECT SPONSOR for the grant share of properly
incurred obligations that cannot otherwise be cancelled before the effective termination date.
5. The BOARD may require specific performance of the terms of this Agreement or take legal steps
necessary to recover the funds granted if the PROJECT SPONSOR fails to comply with the terms of the
grant or breaches any condition or special condition of this Agreement.
6. The BOARD may request and the PROJECT SPONSOR must deliver repayment of funds advanced
under this agreement in conjunction with the remedies in this section.
7. The remedies expressed in this Agreement do not limit the rights of the BOARD. This Agreement does
not in any way abridge, defer, or limit the BOARD'S right to any right or remedy under law or equity
that might otherwise be available to the BOARD.
I. CULTURAL RESOURCES
The PROJECT SPONSOR must meet the requirements of the State Historic Preservation Act (A.R.S. §41-
861 to 41-864) before project initiation.
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K. DISCLOSURE REQUIREMENTS
PROJECT SPONSOR must comply with the terms of A.R.S. § 35-181.03 or its successor statute(s)
regarding audited financial statements provided to the BOARD.
L. INDEMNIFICATION
Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as
"Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of
any person (including death) or property damage, but only to the extent that such Claims which result in
vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or
other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The State of
Arizona, Arizona State Parks Board (ASPB) is selfinsured per A.R.S. 41-621.
In addition, should PROJECT SPONSOR utilize a contractor(s) and subcontractor(s) the indemnification
clause between PROJECT SPONSOR and its contractor(s) and subcontractor(s) shall include the following:
To the fullest extent permitted by law, sub-contractor shall defend, indemnify, and hold harmless the
PROJECT SPONSOR and the State of Arizona, and any jurisdiction or agency issuing any permits for any
work arising out of this Agreement, and its departments, agencies, boards, commissions, universities, ,
officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any
and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and
costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury
or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged
to be caused, in whole or in part, by the negligent or willful acts or omissions of the contractor or any of
the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes
any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of
the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation
or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except
for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified
by such contractor from and against any and all claims. It is agreed that such contractor will be responsible
for primary loss investigation, defense and judgment costs where this indemnification is applicable.
Additionally on all applicable insurance policies, contractor and its subcontractors shall name the State of
Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and
employees as an additional insured and also include a waiver of subrogation in favor of the State.
M. INSURANCE REQUIREMENTS
PROJECT SPONSOR and sub-contractors must procure and maintain occurrence-based insurance policies
that cover claims for injury or death to persons or damage to property that may arise from or in connection
with the performance of the work hereunder by the PROJECT SPONSOR, its agents, representatives,
employees or sub-contractors.
The insurance requirements herein are minimum requirements for this Agreement and in no way limit the
indemnity covenants contained in this Agreement. The State of Arizona in no way warrants that the
minimum limits contained herein are sufficient to protect the PROJECT SPONSOR from liabilities that
might arise out of the performance of the work under this Agreement by the PROJECT SPONSOR, its
agents, representatives, employees or sub-contractors, and PROJECT SPONSOR is free to purchase
additional insurance.
Minimum Scope and Limits of Insurance:
PROJECT SPONSOR shall provide coverage with limits of liability not less than those stated below.
1. Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage.
• General Aggregate .......................................................
$2,000,000
• Products – Completed Operations Aggregate ..............
$1,000,000
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• Personal and Advertising Injury ..................................
$1,000,000
• Blanket Contractual Liability – Written and Oral .......
$1,000,000
•
Fire
Legal Liability ......................................................
$ 100,000
• Each Occurrence .........................................................
$1,000,000
a. The policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its
departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as
additional insureds with respect to liability arising out of the activities performed by or on behalf of the
PROJECT SPONSOR.
b. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of
the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials,
agents, and employees for losses arising from work performed by or on behalf of the PROJECT SPONSOR.
2. Business Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of
this Agreement.
• Combined Single Limit (CSL)
$1,000,000
a. The policy must be endorsed to include the following additional insured language: “The State of Arizona, its
departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees
shall be named as additional insureds with respect to liability arising out of the activities performed by or on
behalf of the PROJECT SPONSOR, involving automobiles owned, leased, hired or borrowed by the
PROJECT SPONSOR."
b. Policy must contain a waiver of subrogation against the State of Arizona, as departments, agencies, boards,
commissions, universities and its officers, officials, agents, and employees for losses arising from work
performed by or on behalf of the PROJECT SPONSOR.
3. Worker's Compensation and Employers' Liability
• Workers' Compensation
Statutory
•Employers' Liability
- Each Accident ......................................
$ 500,000
- Disease – Each Employee ....................
$ 500,000
- Disease – Policy Limit .........................
$1,000,000
a. Policy must contain a waiver of subrogation against the State of Arizona, its departments, agencies,
boards, commissions, universities and its officers, officials, agents, and employees for losses arising from
work performed by or on behalf of the PROJECT SPONSOR.
b. This requirement does not apply to: Separately, EACH PROJECT SPONSOR or sub-contractor exempt
under A.R.S. 23-901, and when such PROJECT SPONSOR or sub-contractor executes the appropriate
waiver (Sole Proprietor/Independent Contractor) form.
Additional Insurance Requirements:
The policies shall include, or be endorsed to include, as required by this written agreement, the following
provisions:
1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees wherever additional insured status is required. Such additional insured
shall be covered to the full limits of liability purchased by the PROJECT SPONSOR, even if those
limits of liability are in excess of those required by this Agreement.
2. The PROJECT SPONSOR’S insurance coverage shall be primary insurance with respect to all other
available sources.
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3. Coverage provided by the PROJECT SPONSOR shall not be limited to the liability assumed under the
indemnification provisions of this Agreement.
Notice of Cancellation:
Applicable to all insurance policies required within the Insurance Requirements of this Agreement, PROJECT
SPONSOR’S insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed
for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business
days of receipt, PROJECT SPONSOR must provide notice to the State of Arizona if they receive notice of a
policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be
expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, hand delivered or
sent by facsimile transmission to (State Representative’s Name, Address & Fax Number).
Acceptability of Insurers
PROJECT SPONSOR’S insurance shall be placed with companies licensed in the State of Arizona or hold
approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers.
Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that
the above-required minimum insurer rating is sufficient to protect the PROJECT SPONSOR from potential
insurer insolvency.
Verification of Coverage:
PROJECT SPONSOR shall furnish the State of Arizona with certificates of insurance (valid ACORD form or
equivalent approved by the State of Arizona) evidencing that PROJECT SPONSOR has the insurance as
required by this Agreement. An authorized representative of the insurer shall sign the certificates.
1. All such certificates of insurance and policy endorsements must be received by the State before work
commences. The State’s receipt of any certificates of insurance or policy endorsements that do not
comply with this written agreement shall not waive or otherwise affect the requirements of this
agreement.
2. Each insurance policy required by this Agreement must be in effect at, or prior to, commencement of
work under this Agreement. Failure to maintain the insurance policies as required by this Agreement, or
to provide evidence of renewal, is a material breach of contract.
3. All certificates required by this Agreement shall be sent directly to the Department. The State of Arizona
project/contract number and project description shall be noted on the certificate of insurance. The State
of Arizona reserves the right to require complete copies of all insurance policies required by this
Agreement at any time.
Subcontractors:
PROJECT SPONSOR’s certificate(s) shall include all subcontractors as insureds under its policies or
PROJECT SPONSOR shall be responsible for ensuring and/or verifying that all subcontractors have valid
and collectable insurance as evidenced by the certificates of insurance and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements
identified above. The Department reserves the right to require, at any time throughout the life of the
Agreement, proof from the PROJECT SPONSOR that its subcontractos have the required coverage.
Approval and Modifications:
The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications
to the insurance limits, required coverages, or endorsements throughout the life of this Agreement, as
deemed necessary. Such action will not require a formal Agreement amendment, but may be made by
administrative action.
Exceptions:
In the event the PROJECT SPONSOR or subcontractor(s) is/are a public entity, then the Insurance
Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the
PROJECT SPONSOR of subcontract(s) isare a State of Arizona agency, board, commission, or university,
none of the above shall apply.
Exhibit C to the Conservation Easement Agreement
Baseline Documentation
Glendale First United Methodist Church, Glendale, Arizona
To remain eligible for listing on the National Register of Historic Places, a Subject
Property must be able to convey its significance. The following character-defining
materials, spaces, and features have been identified as those that help convey the
significance of Subject Property name. Also, current photo documentation must be
attached to the baseline documentation.
Grant Project Title: Glendale First United Methodist Church
Historic Preservation Improvements
Grant Project: Off-Highway Vehicle/Recreation Trail Programs
(Historic Preservation)
Significant Character-Defining Interior Spaces and Features
• Classic church plan with Narthex, Nave, and raised Chancel
• Expansive volume of Nave with vaulted ceiling
• Exposed natural interior materials including concrete floors, brick masonry
walls, and wooden roof structure
• Tudor style Vierendeel wood timber trusses
• Brick-detailed pilasters supporting trusses
Significant Character-Defining Exterior Spaces and Features
• Gothic Revival influenced form and detail
• Exposed brick walls with clinker brick accents
• Gothic arched fenestration
• Asbestos tile roofing emulating slate
• Entry surrounded by Gothic cast stone details
• Tudor-arch glazed entry and side narthex doors
Features of Property Subject to Easement
Entire building
Photos of Property
Structural brick repair and re-pointing: Brick
walls have structural cracking in multiple
locations
Wood roof trusses: Cracks in trusses reveal a
failing condition requiring reinforcement
Main entry egress doors: Historic door pattern
will be uncovered and hardware will be made
safe
Basement railings and areaways: Conditions
are hazardous and will be corrected in a
compatible alteration of railings
642303 PSA City of Glendale
Final Audit Report
2023-08-18
Created:
2023-08-17
By:
Alec Wilcox (awilcox@azstateparks.gov)
Status:
Signed
Transaction ID:
CBJCHBCAABAA_tHtVuwQ5x0Y1dMVQ_uoKfoal5mm2TA9
"642303 PSA City of Glendale" History
Document created by Alec Wilcox (awilcox@azstateparks.gov)
2023-08-17 - 7:31:51 PM GMT- IP address: 104.129.198.99
Document emailed to Vicki Rios (vrios@glendaleaz.com) for signature
2023-08-17 - 7:33:05 PM GMT
Email viewed by Vicki Rios (vrios@glendaleaz.com)
2023-08-17 - 8:08:26 PM GMT- IP address: 208.48.8.163
Document e-signed by Vicki Rios (vrios@glendaleaz.com)
Signature Date: 2023-08-17 - 8:09:44 PM GMT - Time Source: server- IP address: 208.48.8.163
Document emailed to Kevin Brock (kbrock@azstateparks.gov) for signature
2023-08-17 - 8:09:46 PM GMT
Email viewed by Kevin Brock (kbrock@azstateparks.gov)
2023-08-18 - 9:17:01 PM GMT- IP address: 68.230.7.190
Document e-signed by Kevin Brock (kbrock@azstateparks.gov)
Signature Date: 2023-08-18 - 9:17:18 PM GMT - Time Source: server- IP address: 68.230.7.190
Agreement completed.
2023-08-18 - 9:17:18 PM GMT
Exhibit C to the Conservation Easement Agreement
Baseline Documentation
Glendale First United Methodist Church, Glendale, Arizona
To remain eligible for listing on the National Register of Historic Places, a Subject Property must
be able to convey its significance. The following character-defining materials, spaces, and
features have been identified as those that help convey the significance of Glendale First United
Methodist Church Sanctuary. Also, current photo documentation must be attached to the baseline
documentation.
Grant Project Title: Glendale First United Methodist Church Historic Preservation
Improvements
Grant Project: Off-Highway Vehicle/Recreation Trail Programs (Historic Preservation)
Significant Character-Defining Interior Spaces and Features:
• Classic church plan with Narthex, Nave, and raised Chancel
• Expansive volume of Nave with vaulted ceiling
• Exposed natural interior materials including concrete floors, brick masonry walls, and
wooden roof structure
• Tudor style Vierendeel wood timber trusses
• Brick-detailed pilasters supporting trusses
Significant Character-Defining Exterior Spaces and Features:
• Gothic Revival influenced form and detail
• Exposed brick walls with clinker brick accents
• Gothic arched fenestration
• Asbestos tile roofing emulating slate
• Entry surrounded by Gothic cast stone details
• Tudor-arch glazed entry and side narthex doors
Features of Property Subject to Easement: Sanctuary
Legal Description:
VERBAL BOUNDARY DESCRIPTION: Lots 5, 6, 7, and 8, Block 10, Amended Plat of
Glendale, Book 2 of Maps, Page 49, Maricopa County Records. BOUNDARY
JUSTIFICATION Boundary includes the original historic Sanctuary building and
attached Administration wing. Boundary excludes other, modern buildings under the
same ownership on adjacent parcels.
Photo of Property
Structural brick repair and re-pointing:
Brick walls had structural cracking in
multiple locations and were restored in the
preservation project.
Wood roof trusses: Cracks in trusses revealed a failing
condition requiring reinforcement. The wood roof truss
pictured is reinforced and cracks in trusses have been
restored.
Main entry egress doors: Historic
door pattern was uncovered, and
hardware upgraded to current safety
standards.
The handicap ramp in the back of the sanctuary was
completely replaced to meet ADA requirements.