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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.