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Res 10-034RESOLUTION NO. 10 -034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE APPLICATION FOR NATURE EDUCATION FACILITY PROGRAM FUNDS FROM THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Nature Education Facilities Program, setting up necessary procedures governing the Application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said application(s) to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete the Blue Sky Amphitheater Project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: The Poway City Council hereby approves the filing of an application for the Blue Sky Amphitheater Project, and: 1. Certifies that said applicant has or will have available, prior to commencement of any work on the project included in this application, sufficient funds to complete the project should this grant be awarded; and 2. Certifies that the applicant has or will have sufficient funds to operate and maintain the project; and 3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and 4. Certifies that this project is consistent with the applicable city or county, or appropriate planning document, as the case may be; and 5. Delegates the authority to the Director of Community Services, or designee, to conduct all negotiations, sign and submit all documents including, but not limited to, applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project; and 6. Agrees to comply with all applicable Federal, State and local laws, ordinances, rules, regulations and guidelines. Resolution No. 10 -034 Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 15 day of June 2010. ct— Don Higginson, May r ATTEST: Li A royan, MMC, City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 10 -034 was duly adopted by the City Council at a meeting of said City Council held on the 15th day of June, 2010, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, KRUSE, HIGGINSON NOES: NONE ABSENT: Rexford DISQUALIFIED: NONE Li . Troyan, MMC, City Clerk ity of Poway