Illinois Administrative Code › Title 17 - CONSERVATION › Part 3070 - PARK AND RECREATIONAL FACILITY CONSTRUCTION ACT GRANT PROGRAM › Section 3070.70 - Program Compliance Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any property acquired or developed through
			 assistance from the Illinois PARC grant program must be open to the public for
			 indoor/outdoor recreation use as set forth in this Part without regard to race
			 or color, creed, national origin, sex or disability.
b) All development projects receiving grant
			 assistance shall be bound by the terms of this program for a period of 20
			 years. All properties acquired with PARC assistance are required to have a
			 covenant placed on the deed at the time of recording that stipulates the
			 property must be used, in perpetuity, solely for indoor/outdoor recreation
			 purposes and cannot be sold or exchanged, in whole or part, to another party
			 without approval from the Department.
c) Property acquired or developed with PARC
			 funds may not be converted to a use other than public outdoor recreation use as
			 provided in this Part without prior Department approval. Approval for property
			 conversion will be granted only if the project sponsor substitutes replacement
			 property of at least equal fair market value and comparable outdoor recreation
			 usefulness, quality and location.
d) For projects receiving acquisition
			 assistance, an appraisal must be provided by the sponsoring agency and
			 submitted to the Department for review and certification to establish the fair
			 market value of the property. The appraisal must be accepted as complete by the
			 Department.
e) For projects
			 receiving development assistance, the sponsoring agency must possess either fee
			 simple title or other means of legal control and tenure (easement, lease, etc.)
			 over the property being improved for a period of 20 years. The Department will
			 consider, on a case-by-case basis, lease arrangements for shorter periods when
			 State statute prohibits a unit of local government from entering into such a
			 long-term agreement, or other circumstances beyond the control of the unit of
			 local government prohibit such arrangements. The sponsor must also adhere to
			 applicable local bidding and procurement requirements and make available to the
			 Department, upon request, all working plans, specifications, contract documents
			 and cost estimates for review prior to commencing work. The format for any
			 advertisement or prospectus soliciting and inviting bids, indicating submission
			 deadlines, must also be presented, upon request, to the Department for review
			 prior to publication.
f) The local
			 project sponsor is required to enter into an agreement with the Department for
			 an amount agreed upon as necessary to complete the approved project, specifying
			 the related grant reimbursement amount and program compliance
			 regulations.
g) Upon project
			 completion, the project sponsor must submit a certified project billing request
			 (expenditure statement) listing/verifying all funds expended on the project for
			 which grant reimbursement is sought, as well as required billing documentation,
			 as follows:
1) Acquisition Project: Proof of
			 good faith negotiations or fair market value offer to land seller, copy of
			 property deed and title insurance policy (Judgement Order in case of
			 condemnation) showing ownership transferred to the local project sponsor, and
			 copies of canceled checks showing proof of payment to seller.
2) Development Projects: Copy of construction
			 as-built drawings (no larger than 11" x 17") and verification of actual project
			 costs.