Res 295RESQLUTION NO. 295
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING THE FILING OF APPLICATIONS FOR
1981 STATE GRANT ASSISTANCE
WHEREAS, the people of the State of California have enacted the Rober~i-
Z' berg Block Grant Allocation, which provided funds to the State of Calif-
ornia and its policical subdivisions for acquiring lands and for developing
facilities for public recreation; and
W/q~2{EA~, the State Department of Parks and R~creation has been delegated
the responsibility for the administration of the program within the State,
setting up necessary procedures governing application by local agencies
under the program; and
WHEREAS, said applications contain assurances that the applicant must
comply with; and
WHEREAS, the applicant agency will enter into an agreement with t~e
State of California for the acquisition and/or development of the projects;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Poway
hereby:
2e
Approves the filing of applications for Roberti-Z'berg Urban
Open Space and Recreation program Act earmarked Exhibit A,
Certifies that said City understands the assurances in the
application; and
3o
4e
Certifies that said agency has or will have sufficient funds to
operate and maintain the project; and
Appoints the City Manager as agent of the City of Poway to
conduct all negotiations, execute and submit all documents
including but not limited to application~ agreements, amendments,
payment requests, and so on which may be necessary for the comple-
tion of the aforementioned projects.
APPROVED and ADOPTED by the City Council of the City of Poway, California
at a regular meeting thereof thisl i4th day of September, 1982.
ATTEST:
~ jor~e~K. Wahlsten, City Clerk
Mar~ Shepa-~son,'..M~or - ~-~ ~-=
S~ate of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM
APPLICATION FOR LOCAL ASSISTANCE GRANT
Check One
Block Grant []
Need Basis Grant []
Project Title: ~ POWAY MULTIPURPOSE FIELD BACKSTOP
Applicant(Agency--addressincl. zipcode)
CITY OF POWAY
Post Office Box 785
Poway, California 92064
State Senate District No. 38th
75th
State Assembly District No.
Applicants' Representative Authorized in Resolution
~type) James L~ Bowersox City Manager
(Name) (Title)
Person with dav-so-day responsibility for project (if different from authorized representative)
L'vue)
Estimated Total Project Cost S; 5;2o5
Amount of Grant Request
Amount of Matching Funds
Source of Matching Funds
$ 1,301
Project Location:
County San Diego
Nearest City 13~,,,=,~
Address and Nearest Cross Street:
12325 Lake Poway Road
Cross: Espola Road
( 714 748-6600
(Phone)
T.~:~ _T.~:~^1'~ c:
(Name)
Director of Community Seruices (7.I4 } 7_48-6600
(Title) (Phone)
DescriptionofProject(Brief)
The project is to provide a quality softball/youth baseball backstop for the
multipurpose field, located at Lake Poway.
I certify that the information contained in this application, including required attachments, is accurate and that I have read and understand the
important information and assurances on the reverse of this form.
Signed
Applicant's Authorized Representative as Shown in Resolution Date
I hereby certify that the applicant has met, or will meet, all federal, state or local environmental, public health, relocation, affirmative action,
and clearinghouse recluirements and all other appropriate codes, laws, end regulations prior to the expenditure of the grant funds. (Public
Resources Code 5626 (c)
I further certify that the applicant fully understands that the State Department of Parks and Recreation will not assume any responsibility to
ensure compliance with any applicable federal, state or local codes, laws or regulations, but that the Department may conduct an audit to
ensure compliance.
(Signed -- Legal Counsel)
for
Applicant
Date
O PR 632 (12180) (over)
PPLICANT
TITLE
~.,~ARTMENT OF PARKS & RECREATION
GRANT AGREEMENT
URBAN OPEN-SPACE AND RECREATION PROGRAM
City Of Poway PROJECT NUMBER
MULTIPURPOSE FILED BACKSTOP AT LAKE POWAY
the State of California, acting through its Director of Parks and Recreation oursuant to the RoOert~-7'berg Urban ODen State and
Racteation Pr{3gtmm Act. {Put31ic Resources Code Section 5620 ff) agres$ to fund the proiect(s) uo {o The total state grant amount indicated.
DESCRIPTION:
Acquisition and/or development of land and/or facilities for
recreational purposes at Lake Powav
Performance under this agreement shall be completed before
June 30, 1985.
D~ grant funds shall be disbursed under this agreement until
all necessary application documents have been submitted to
State's satisfaction.
Grant (not to exceed the grant entitlement nor to exceed 75 percent of Project cost)
City of Poway
The G'eneral Provisions attached are made a part
of and are incorporated into the Agreement.
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
~.te
ate Date
CERTIFICATION OF FUNDING
:NTRACT NUMBER FUND
Energy and Resources Fund
AMOUNT OFTHISEST~MATE APPROPRIATION
~Cjec~4 ~ $ URBAN GRANTS
UNENCUMBERED BAL.~NCE
IT--~I t CHAPTER
* 326
iNCREASING E~ICUMBRA,'4CE i FUNCTiC~,I
* 379-101-~90 (a)
STATUT~S
1982
1982/83
RORERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM ACT
Project Agreement
Special Provisions
General Provisions
Definitions
2.
3.
4.
Project
The term "State" as used herein means the California State Department of Parks and Recreation.
The term "Act" as used herein means the Roberti-Z'barg Urban Open-Space and Recreation Program Act.
The term "Project" as used herein means the project which is described on page I of this agreement.
The term "Applicant" as used herein means the party described as applicant on page 1 of this agreement.
Execution
Subject to the availability of grant m~neys in the Act, the State hereby grants to the Applicant a sum of money
(grant moneys) not to exceed the amount stated on page 1 in consideration of and on condition that the sum be
expended in carrying out the purposes as set forth in the Description of Project on page 1 and under the terms and
conditions set forth in this agreement.
Applicant agrees to furnish twenty-five (25) percent of the total cost of the Project and to assume any obligation to
furnish any additional funds that may be necessary to ~:omplete the project. Any modification or alteration in the
project as set forth in the application on file with the State must be submitted to the State for approval.
Applicant shall secure completion of the development work in accordance with the Description of Project on page 1
and under the terms and conditions of this agreement.
Applicant shall permit periodic site visits by the State to determine if development wore is in accordance with the
Description of Project on page 1 and under the terms and conditions of this agreement including a final inspection
upon Project completion.
All significant deviations from the Project shall be submitted to the State for prior approval.
Applicant in acquiring real property, the eligible cost of which is to be reimbursed with grant moneys under this
agreement, shall comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title I of the
Government Code and any applicable federal, state, or local laws or ordinances. Documentation of such compliance
will be made available for review by the State upon request.
Applicant agrees to furnish upon request by State preliminary title reports respecting such real property or such
other evidence of title which is determined to be sufficient by State. Applicant agrees in negotiated purchases to
correct prior to or at the close of escrow any defects of title which in the opinion of State might interfere with the
operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment.
If the project includes development, the Applicant agrees to furnish the State a bid package or force account
information, whichever is applicable, upon request by the State.
C. ProjEct Performance Period
1. Applicant agrees to complete the project under the terms and conditions of this agreement.
2. Applicant may not take title to land or begin on-site construction until Project Performance Period begins.
3. The Project Performance Period shall begin upon Legislative appropriation of grant funds or upon date of
certification by applicant's at/orney, whichever is later.
DPR 601 (Rev. 12/80) (over)
The Applicant shall indemnify, hold harmless and defend the State, its officers, agents and employees against any
and ail claims, demands, damages, costs, expenses or liability costs arising out of the acquisition, development,
c, onstruction, operation or maintenance of the property described as the Project, which claims, demands, or causes
of action arise under Government Code Section S(,)5.2 or otherwise, except for liability arising out of the concorrent
or sole negligence of the State, its officers, agents, or employees.
In the event the State is named as codefendant under the provisions of Government Code Section 895 et seq., the
Applicant shall notify the State of such fact and shall represent the State in the legal action unless the State
undertakes to represent itself as codefendant in such legal action: in which event the State shall bear its own
litigation costs, expenses, anct attorney's fees.
4. In the event of judment entered against the State and Applicant because of the concurrent negligence of the State
and Applicant, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be
made by a court of competent jurisdiction. Neither party shall request a jury apportionment. ,
5. The Applicant shall indemnify, hold harmless and defend the State, its officers, agents and employees against any
and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the
Applicant has certified. Applicant.acknowledges that it is solely responsible for compliance with items to which it
has certified.
H. Financial Records
The Applicant shall maintain satisfactory financial accounts, documents and records for the project and shall make
them available to the State for auditing at reasonable times. Such accounts, documents and records shall be retained
by the Applicant for three years following project termination or completion.
During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right
to inspect and make copies of any books, records or reports of the other party pertaining to this agreement or
matters related thereto. The Applicant shall maintain and make available for inspection by the State accurate
re~ords of all of its costs, disbursements and receipts with respect to its activities undr this agreement.
The Applicant may use any generally accepted accounting system.
Use of Facilities
The property acquired or developed with grant moneys under this agreement shall be used by the Applicant only for
the purpose for which the State grant moneys were requested and no other use of the area shall be permitted except
by specific act of the Lagislature. (Public Resources Code 5626(a).)
The Applicant agrees to maintain and operate the property acquired or developed for a period commensurate with
the type of project and the proportion of State Grant funds and local funds allocated to the capital costs of the
project.
J. Nondiscrimination
The Applicant shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion,
ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this
agreement.
2. The Applicant shall not discriminate against any person on the basis of residence except to the extent that
reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this
project agreement.