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California Dept of Water Resourcesr.- CITY &+ OWAY DOCUMENT Contract Amendment No. D- GGR23 -A2 STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES AMENDMENT NO. 2 TO DAMS- GRUNSKY ACT GRANT CONTRACT NO. D -GGR23 between STATE OF CALIFORNIA and CITY OF POWAY THIS CONTRACT, entered into this 20th day of July , 1999, by and between the State of California, acting by and through its Department of Water Resources, hereinafter referred to as the "State," and the City of Poway, successor of Poway Municipal Water District, hereinafter referred to as the "Grantee," WITNESSETH That: WHEREAS, on July 23, 1970, the State and the Grantee entered into a grant Contract No. D -GGR23 under the Davis- Grunsky Act, which Contract provided for grants from the State to the Grantee to assist in financing the Grantee's Poway Dam and Reservoir Project and Recreation Plan and set forth the terms and conditions of such grants; and WHEREAS, on September 7, 1973, the State and the Grantee entered into Contract Amendment No. D- GGR23 -A1 amending Contract D- GGR23; and WHEREAS, Contract No. D- GGR23, as amended, hereinafter referred to as the "Contract," required the Grantee to install certain specifically described general recreation facilities by December 31, 1972, certain specifically described second stage facilities by December 31, 1982, certain specifically described third stage facilities by December 31, 1992, certain specifically described fourth stage facilities by December 31, 2002, and certain specifically described fifth stage facilities by December 31, 2012; and WHEREAS, the Grantee installed 131 of the 145 picnic tables and other facilities required for the first, second, and third stages; and WHEREAS, the Grantee has acquired land adjacent to the recreation area, which is identified as Open Space "A" and Open Space "B ", and it has become a part of the project; and WHEREAS, the Grantee developed additional facilities, including a softball field, volleyball courts, playgrounds, an outdoor campfire amphitheater, shade structures, gazebos, horseshoe pits, and archery range, instead of the picnic units for the fourth and fifth stages; and WHEREAS, the State found the additional facilities desirable and estimated that the benefits derived from use of these facilities are sufficient to compensate for the benefits that picnic units for the fourth and fifth stages were intended to provide; and WHEREAS, the State and Grantee now desire to amend the Contract to reflect the actual project boundary and location of the existing facilities (reflected in Plates 1, 2, and 3, attached); eliminate the State's direct oversight of the fees charged for recreation use set forth in such Contract; and eliminate the picnic units required for the fourth and fifth stages of development. NOW, THEREFORE, the Contract is hereby amended as follows: Plates 1, 2, and 3 are replaced by the revised Plates 1, 2, and 3 attached to this amendment. Article A- 11.c., on page A17 of Exhibit A, Fees for Recreation Use, is deleted and the following is substituted: c. Fees for Recreation Use Fees charged for recreation use of the Project shall be consistent with fees being currently charged in the general area of the Project for similar recreation use and shall reflect reasonable operation and maintenance expenses of the Grantee, including any costs incurred by the Grantee for additional services provided in connection with the recreation facilities. The fees charged by the Grantee for the use of the Project recreation facilities (including, but not limited to, fees for inspection, licenses, and permits for boats) shall not differentiate in a discriminatory manner and shall be reasonably equal between different recreation groups, so as to allow statewide use of the Project recreation facilities by the general public. Monthly or annual fees at a reduced rate without discrimination and discounts recognized and applied at comparable recreation facilities in the area, such as senior citizen discounts, are acceptable if applied equally to all users. Article B -6. b., on page B6 of Exhibit B (reference to the third and fourth stages), is amended to read as follows: b. The third stage of the recreation facilities shall include at least 16 picnic units and appurtenant water supply and sanitary facilities and at least 60 paved parking spaces, which shall conform in design, appearance, and standards to those set forth for such facilities in Articles B -2 and B -3. Article B -6. c., on page B6 of Exhibit B (reference to the fifth stage), is deleted and the following is substituted: c. The fourth stage of the recreation facilities shall include at least 60 paved parking spaces and the fifth stage at least seven parking spaces, all of which shall conform in design, appearance, and standards to those set forth for such facilities in Article B -2. Article B -8.a., on page B7 of Exhibit B (reference to the fees for recreational use), is deleted. This amendment completes the development of facilities required under Davis - Grunsky Contract No. D- GGR23. Except as herein amended, all terms and conditions of Contract No. D -GGR23 shall remain in full force and effect as executed and amended. Approved as to legal form and sufficiency: B Susan Weber, Chief kounseV STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES NaW.- Thomas M. Hanni Directory Address: 1416 Ninth Street,-Room 111 Sacramento, California 95814 -5515 CITY OF POWAY Name: Ja es L. Bowersox, City Manager Add s: P. . Box 789 noway, California 92074 -0789 ESPOLA -+- -TO POWAY TO E3CONDIDO�dS3QNO,3s Lold �i j�j03nntl 0 03�0 N `O' I 1- 16 A I f N O D m O L y m D = i A ° O O M D A m T 0 JC z O O C A D O y +/ m m m 0 c O Y y I l I I w a a O O O ]I y ° m z i C i s Z D X= d Z .gym �N O zo m v m ?� `_ 41 r O T m— N O I T N Z O i a = A al O Z m C) r 9 -N-I a I 0 < m y O w rn a y <— r D D Y .1y1 z A O D F O O i �u - 2 D O O . 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WHEREAS, POWAY MUNICIPAL WATER DISTRICT has hereto- fore submitted to the State of California an Application for Grants under the Davis - Grunsky Act for the Poway Water Storage Project, and WHEREAS, a Contract has been submitted, and reviewed by this Board of Directors, entitled, "DAVIS- GRUNSKY ACT GRANT CON- TRACT BETWEEN STATE OF CALIFORNIA AND.POWAY MUNICIPAL WATER DISTRICT ", and WHEREAS, the contents of the "Contract" have been reviewed and recommended for approval by the District's General Manager, Engineer, and Attorney: NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, by the Board of Directors of POWAY MUNICIPAL WATER DISTRICT as follows: 1. That document entitled, "DAVIS- GRUNSKY ACT GRANT CONTRACT BETWEEN STATE OF CALIFORNIA AND POWAY MUNICIPAL WATER DIS- TRICT", dated May 28, 1970, be, and it is, hereby approved, and 2. That HARRY W. FRAME, GENERAL MANAGER of POWAY MUNICIPAL WATER DISTRICT be, and he is, hereby authorized and dir- ected to sign said "Contract" on behalf of District. PASSED and ADOPTED this I th day of JULY, 1970. Secretary RESOLUTION NO. 1178 -80 knleNOMe_,T A- z RESOLUTION OF THE BOARD OF DIRECTORS OF POWAY MUNICIPAL WATER DISTRICT APPROVING AMENDMENT TO DAVIS - GRUNSKY i ACT GRANT CONTRACT BETWEEN STATE OF CALIFORNIA AND DISTRICT WHEREAS, due to increased use by the general public District requested release of monies, including all interest earned on such funds, from the Davis - Grunsky Operation Reserve Fund to construct the final four stages of development as set forth in Contract between State and District; and WHEREAS, the Department of Water Resources has agreed to release the funds from the Operation Fund to the Future Construction Fund for the expressed purpose of financing the remaining costs of construction of all future staged recreations facilities; and WHEREAS, the Department of Water Resources has pre- pared an amendment to the Davis - Grunsky Contract No. D -GGR23 to provide for release of funds, copy of which is attached; and WHEREAS, said amendment has been reviewed and deter- mined to be in the best interest of the general public and District; NOW, THEREFORE BE IT RESOLVED by the Board of Directors of POWAY MUNICIPAL WATER DISTRICT as follows: 1. That "Amendment to Davis - Grunsky Act Grant Contract between State of California and Poway Municipal Water District," attached hereto and marked Exhibit "A" is hereby approved; and 2. That Harry Barber, General Manager of Poway Municipal Water District is hereby authorized and directed to sign said "Amendment" on behalf of District. PASSED and ADOPTED this 5th day of June, 1980. j President ATTEST: Secretary U C No.r ^GGR23 -A2 STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES AMENDMENT TO DAVIS- GRUNSKY ACT GRANT CONTRACT between STATE OF CALIFORNIA and POWAY MUNICIPAL WATER DISTRICT On July 23, 1970, the State of California acting by and through its Department of Water Resources ( "State ") and the Poway Municipal Water District ( "Grantee ") executed Contract No. D -GGR23 ( "Contract ") which provides for grants under the Davis - Grunsky Act for the construction of the Poway Water Storage Project and which sets forth the terms and conditions of such grants. The State and the Grantee now desire to modify the Contract to permit the Grantee to: a. Withdraw all funds from the Davis - Grunsky Operation Reserve Fund. b. Place all funds withdrawn from the Davis - Grunsky Operation Reserve Fund into the Davis - Grunsky Construction Fund. c. Utilize the funds in the Davis - Grunsky Future Construction Fund to construct by June 1982 all future stages of project construction. d. Eliminate the Davis - Grunsky Operation Fund and Future Con- struction Fund when future stage recreation facilities have been satisfactorily installed. To Res. trio. tITB -gd SuNe 5. 19gv THE PARTIES agree to amend the contract as follows: 1. Article B -7, COMPLETION OF FACILITIES on page B -7 of Exhibit B is amended to read: 1 The Grantee shall cause the construction of Future Stage Recreation Facilities described in Article B -6; ADDITIONAL RECREATION FACILITIES TO BE CONSTRUCTED AFTER 1972 be completed and such facilities made available for public use not later than June 1982. 2. Article B -10, CONTRIBUTION OF FUNDS BY GRANTEE PURSUANT TO ARTICLE A -6, Sections b, e, and f commencing on page B -11 of Exhibit B is amended to read: b. Upon execution of this amendment the Grantee shall transfer all funds from the Davis - Grunsky Operation Reserve Fund to the Davis - Grunsky Future Construction Fund. e. All money in the Davis - Grunsky Future Construction Fund along with all interest earned shall be retained in such Fund until such time as the Grantee is prepared to construct the Future Stage Recreation Facilities. f. The Grantee may withdraw money from the Davis - Grunsky Future Construction Fund to finance future recreation facilities, and upon the satisfactory completion of such facilities, the Grantee shall no longer be required to maintain the Davis - Grunsky Operation Reserve Fund and the Davis - Grunsky Future Construction Fund. Any funds in excess to financing the cost of the Future Stage Recreation Facilities may thereafter be used by the District for any proper purpose. Except as herein amended all terms and conditions of said contract shall remain in full force and effect. � f IN 14ITNESS WHEREOF, the parties hereto have executed this amendment this Approved as to legal form and sufficiency: By I �ZL'yt Ch- f Counsel Department of Water Resources day of ,1980. STATE. OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES By Director `L Address: P.O. Box 388 Sacramento, CA 95814 POWAY MUNICIPAL WATER DISTRICT By Harry Barber Title General Manager Address: P. 0. Box 348 Poway, CA 92054 Page 4 - PMWD REGU1 MEETING :\8 -21 -73 i CONSTRUC- TRANSMISSION MAINS 1972 -73 PROJECT TION SCHEDULE Board received revised construction schedule on the Transmission McKnight -turn, showing completion within time ]allowedminotheacontract -with the 30 day extension previously granted by the Board. Staff was instructed to give a progress report on construction in two (2) weeks. WATER RANGE VIEW ESTATES UNIT NO. 1 SYSTEM ACCEPTED A motion was made by Director Cole, seconded by Director Umphreyville, and carried, accepting the water system for Range View Estates Unit No. 1, as part of the Dis- trict's system for continuous maintenance and operation, subject to manager's confirmation that proper easements, and joint use agree- ment if necessary, had been received by the District. P1�IENDMENT POWAY DAM RECREATION ELEMENT A TO DAVIS- A -1 i memtmevsm GRUNSKY Pursuant to review of amendment to the Department o£ CONTRACT Water Resources Contract No. D -GGR23 between the ®- State and Poway Municipal Water District, which re- vises the contract Recreation Plan and Plates to reflect "as built" Project facilities as approved by the State, a motion was made by Director Umphreyville, seconded by Director Cole, and carried, authorizing the General Manager to execute said amendment on behalf of the District. ` WY BUSINESS ACCOUNTS PAYABLE LIST NO. 181 Motion was made by Director Cole, seconded by Direc- tor List No. 181 Umphreyville, n amountofc $298,263.71 for nthe cmonth sof July, 1973. ADJOURN- Upon motion by Director Cole, seconded by Director MENT Umphreyville, and carried, President Stanton adjourned the meeting to TUESDAY, AUGUST 28, 1973, 7:30 P.M., the Board Room of the District Office, 12325 Oak Knoll Road, Poway, in California. The time of adjournment was 9 :40 P.M. z,� 'President Secretary 1834 Contract Amendment No. D- GGR23 -A1 STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES MP TO RAMEND DAVIS -GRU� AC NT CONTRACT between STATE OF CALIFORNIA f and %W POWAY MUNICIPAL WATER DISTRICT RECITALS 1. On July 23, 1970, the State of California acting by and through its Department of Water Resources ( "State ") and the Poway Municipal Water District ( "Grantee ") executed Contract No. D -GGR23 ( "Contract ") which provides for grants under the Davis - Grunsky Act for the construction of Poway Water Storage Project, and which sets forth the terms and conditions of such grants. 2. With prior approval of the State, the Grantee constructed a pipeline connecting the Sanitary facilities to the Pomerado County Water District sewer system in lieu of the septic and leaching field required by Article B -3, b.4 of the Contract. M�w�vice A�ee�ca t 3. The State and the Grantee desire to revise the Contract's Recreation Plan and plates to exclude from land within the recreation project boundary that portion of land proposed for the septic tank and leaching field, and to make other necessary changes to provide for the sewer connection. 4. The State and the Grantee desire to revise the Contract's Recreation Plan and Plates to reflect the exist- ing Recreation Facilities as constructed and as approved by 1Y6r the State. The State and the Grantee agree to amend the Contract as follows: 1. Plates 1, 2, and 3 attached to the Contract are replaced by Amended Plates 1, 2, and 3 attached to this Amendment. 2. Article B -2.h. is amended to read as follows: h. One boat dock of sufficient size to accommodate 56 boats, constructed to adequate standards approved by the State. 3. Article B -2.k. is deleted; Articles B -2.1. and m. are renumbered k. and 1. respectively. 4. Article B -3.a.3 is amended to read as follows: -2- 3. Water transmission lines with adequate capacity to serve the recreation areas of water use. 5. Article B- 3.b.1. is amended to read as follows: 1. One restroom attached to the concession building and containing at least 280 square feet, six flush toilet fixtures, and a fish - cleaning facility. 6. Article B- 3.b.4.is amended to read as follows: 4. A main sewer line of sufficient capacity to convey sewage resulting from public use of the project to the Pomerado County Water District sewer system. 7. Article B- 3.b.5. is amended to read as follows: 5. Sewer lines and connecting laterals of sufficient capacity to convey sewage from the restrooms to the main sewer line. 8. The last sentence of Articles B -6.a. and b., which requires construction of restroom buildings, is deleted. Dated:S;p;t L e,T1 L7 3 Approved as to legal STATE OF CALIFORNIA form and sufficiency DEPARTMENT OF WATER RESOURCES y C l By hief Counsel Director Department of Water Resources Addre s: P. 0. Box 388 Sacramento, CA 95802 POWAY MUNICIPAL WATER DISTRICT By aS Title: Address: P. 0. Box 348 Poway, CA 92064 '.gym 1 '. a 1 \ I \ I 1 \ I \ \ 1 \ i \ J r / / 1 INLET OUTLET Q SPILLWAY STRUCTURE I a (RESTRICTED \ a AREA) \\ L.OG g000 \ LAKE POWAY i / 1 l \ l ATTACHED TO CONTRACT AMENDMENT NO. D- BGR23 -AI STATE CO' CALIFORNIA THE RESOURCES AQENCY OEPARTMENT OF WATER RESOURCES SOUTHERN DISTRICT POWAY MUNICIPAL WATER DISTRICT POWAY WATER STORAGE PROJECT GENERAL PLAN SCALE OF FEET M 200 O 200 400 SOO 1975 IF cl \TWO EXISTING PUMPING STATION N.W. COR. SEC. T 135, RIW 32 2411 PIPES - 4211 PIPE S. B. B.B M. • WATER SUPPLY PUMPS -� EXISTING RESERVOIR FILTRATION PLANT r� (NOT PART OF PROJECT) 3 ( oLEGEND \ `_ _ _.•. W RESTROOM FISH CLEANING, RESTROOM, AND CONCESSION BUILDING SARBEOUE BUILDING RIDING AND HIKING TRAIL PROJECT BOUNDARY TURF AND TREES ® PARKING AREA FUTURE PARKING AREA a 1 \ I \ I 1 \ I \ \ 1 \ i \ J r / / 1 INLET OUTLET Q SPILLWAY STRUCTURE I a (RESTRICTED \ a AREA) \\ L.OG g000 \ LAKE POWAY i / 1 l \ l ATTACHED TO CONTRACT AMENDMENT NO. D- BGR23 -AI STATE CO' CALIFORNIA THE RESOURCES AQENCY OEPARTMENT OF WATER RESOURCES SOUTHERN DISTRICT POWAY MUNICIPAL WATER DISTRICT POWAY WATER STORAGE PROJECT GENERAL PLAN SCALE OF FEET M 200 O 200 400 SOO 1975 F TO ESPOLA ROAD EXISTING PUMPING STATION MAIN T. BUILDING I LEGEND FRC FISH CLEANING, RESTROOM, 0 CONCESSION FACILITY . RESTROOM BUILDING r ° i BARSEOUE BUILDING ® PARKING AREA FP FUTURE PARKING L' .. • • I TURF AND TREES PROJECT BOUNDARY �` ♦ f' 1 ♦♦ ♦♦ PP 1 ♦ � 1 IATE 2 111 ATTACHED TO CONTRACT AMENDMENT NO. D-GGR23 -AI BOAT DOCK LOG LAKE POWAY ' FISHING FLOAT r Q/ K I L < pp DIRT ROAD STATE OF CALIFORNIA THE RESCURCEE AGENCY DEPARTMENT OF WATER RESOURCES SOUTHERN DISTRICT POWAY MUNICIPAL WATER DISTRICT POWAY WATER STORAGE PROJECT RECREATION FACILITIES SCALE OF FEET 100 0 1173 _mss! l ._ �► I PLATE 3 AMENDED 5 -73 ATTACHED TO CONTRACT AMENDMENT ' NO. O- GGR23 -AI i B% / LOG ACCESS -- �— TO ESPOLA ROAD S EXISTING PUMPING STATION ' I 2 Fµ0 MAINT.❑ PUMPS - EXISTING m -, 6,, LAKE POWAY - ' BUILDING RESERVOIR 3 I , I 4„ w e m I wo I LEGEND i w FISH CLEANING, RESTROOM, S CONCESSION FACILITIES ■ RESTROOM lV d 7B BARBEOUE BUILDING - W - WATER LINE -WD - WASHWATER DISCHARGE LINE STATE OF CALIPOWNIA THE RESOURCES AGENCY - S - SEWER LINE DEPARTMENT OF WATER RESOURCES - - - IRRIGATION LINE SOUTHERN DISTRICT [3 VALVE BOX POWAY MUNICIPAL WATER DISTRICT O MANHOLE POWAY WATER STORAGE PROJECT 4- FIRE HYDRANT PROJECT BOUNDARY WATER AND SANITARY FACILITIES 100 0 SCALE OF FEET 400 Id 1873 Il t r% C 1 l ��'� fir'' �. ♦ /l -IJ'l.� r'u�.o.�y rd::�,:. ,pal tv8ter Di�tri�i Contract No. D -GGR�3 STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES DAVIS- GRUNSKY ACT GRANT CONTRACT between STATE OF CALIFORNIA AND POWAY MUNICIPAL WATER DISTRICT ��e�coued may: J u \� VV I 0 w.■r' .,,NTRACT NO STATE OF CALIFORNIA C " THE'RESOURCES AGENCY DiiPARTMENT OF WATER RZSOURCES DAVIS- GRUNSKY ACT GRANT CONTRACT between STATE OF'CALIFORINIA ' and POWAY MbNICIPAL WATER DISTRICT -r TABLE OF CONTENT Page 1. INCORPORATION OF STANDARD CONDITIONS, RECREATION PLAN, AND PLATES 1 GRANTS Y a. Fish Enhancement Grant 2 b. Recreation Grant 2 C. dater and Sanitary Grant 2 3. TERM OF CONTRACT 2 4. SPECIAL PROVISIONS 3 a. Lubmission of Plans and Specifications for Recreation Facilities in Borrow Area 3 b. Period for Grantee to Demonstrate Adequate Financing 3 EXHIBIT A STANDARD TERMS AND CONDITIONS D- GGR2;- A -1. DEFINITIONS Al a. Contract Al b. Dam and Reservoir Al C. First Stage Recreation Facilities Al d. Fish Enhancement Grant Al e. Future Stage Recreation Facilities A2 f. Grant Percentage A2 �. Project A2 h. Quarter A2 i. Recreation Facilities, A2 !- J. Recreation Grant A2 k. Recreation Plan A3 Recreation Project Bouad::ry HJ ` M. 'dater ar.d Sanitary Facilities A3 _ n. Water and Sanitary Grant A3 i D- GGR2;- fir. r `hirr ..y ii Page A -2. COURT VALIDATION OF CONTRACT A3 A -3. DISBURSEMENT OF GRANTS A3 a. Conditions Precedent A3 b. Disbursement Procedure A4 C. Advance Disbursement A6 d. Eligible Construction Costs A7 A -4. TERMINATION ON FAILURE TO MEET DISBURSEMENT CONDITIONS A7 A -5• DISPOSITION OF GRANT FUNDS A8 a. Establishment of Accounts A8 b. Placement of Money in Accounts A8 C. Withdrawal of Money from Accounts A9 A -6. CONTRIBUTION OF FUNDS BY GRANTEE A10 a. For First Stage Recreation Facilities A10 b. For Future Stage Recreation Facilities A10 C. For Operation of Recreation Facilities A10 d. Management of Future Construction and Operation Reserve Funds All A -7 OBLIGATION TO TAX FOR RECREATION All a. Obligation to Tax All b. Enforcement by Public Officers Al2 c. Legal Action by State Al2 A -8. CONSTRUCTION OF RECREATION FACILITIES Al2 A -9• TIMING, MANNER, AND STANDARDS OF CONSTRUCTION A13 a. General Construction Standards A13 b. Completion Dates A13 C. Construction Pursuant to Plans and Specifications A14 d. Competitive Bidding Procedure A14 e. Land Acquisition A14 f. Installation of Other Facilities A15 ii yhww ..r iii Page mr+ A -10. CONSTRUCTION REPORTS A15 A -11. OPERATION OF PROJECT A16 a. Basic Operation and Maintenance Standards A16 b. Availability to Public A16 C. Fees for Recreation Use A17 d. Compliance with Public Health and Safety Laws A17 A -12. REPORTS ON RECREATION OPERATION A17 A -13. SIGN REFERRING TO DAVIS- GRUNSKY FINANCING A18 A -14. DIRECTIONAL SIGNS A�9 A -15. INSPECTION OF PROJECT BY STATE A19 A -16. OTHER CONTRACTS CONCERNING OPERATION A19 A -17. STATE TO BE HELD HARMLESS FROM PROJECT DAMAGE A20 A -18. REMEDIES NOT EXCLUSIVE A20 Vrry A -19. AMENDMENTS A20 A -20. OPINIONS AND DETERMINATIONS A20 A -21. CONTRACTING OFFICER OF THE STATE A21 A. -22. SUCCESSORS AND ASSIGNS OBLIGATED A21 A -23. ASSIGNMENT A21 A -24. WAIVER OF RIGHTS A21 A -25. NOTICES A22 A -26. INSPECTION OF BOOKS, RECORDS, AND REPORTS A22 A -27. GRANTS SUBJECT TO AVAILABILITY OF FUNDS A22 A -28. CONTRACT NOT TO AFFECT STATE ' SUPERVISION OF DAMS JURISDICTION A23 iii r, Aw EXHIBIT B RECREATION PLAN POWAY WATER STORAGE PROJECT iv Page B -1. TERMINOLOGY AND DEFINITIONS BI a. Project B1 b. Dam and Reservoir B1 C. Recreation facilities BI d. First stage recreation facilities B1 e. Future stage recreation facilities B2 f. Water and sanitary facilities B2 B -2. GNERAL RECREATION FACILITIES TO BE CONSTRUCTED BY 1972 B2 B -3. WATER AND SANITARY FACILITIES TO BE CONSTRUCTED BY 1972 B3 a. Water Facilities B3 b. Sanitary Facilities B4 B -4. LANDSCAPING B5 B -5. FISH ENHANCEMENT FACILITIES B5 B -6, nDDITIONAL RECREATION FACILITIES TO BE CONSTRUCTED AFTER 1972 B6 B -7. COMPLETION OF FACILITIES B7 B -8. O ?RATION OF Ri?CR: ATION FA.CILITIES B7 B -9. DISPOSITION OF GRANT FUNDS PURSUANT TO ARTICLE A -5u B10 B -10. CONTRIBUTION OF FUNDS BY GRANTEE PURSUANT TO ARTICLE A -6 B10 iv low Ifte Contract No. D -GGR23 STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES DAVIS - GRUNSKY ACT GRANT CONTRACT between STATE OF CALIFORNIA and POWAY MUNICIPAL WATER DISTRICT The State of California, acting by and through its Department of Water Resources ( "State "), and the Poway u`r+ Municipal Water District ( "Grantee ") agree as follows: 1. INCORPORATION OF STANDARD CONDITIONS, RECREATION PLAN, AND PLATES This Contract incorporates Exhibit A, "Davis - Grunsky Act Grant Contract Standard Terms and Conditions ", dated May 28, 1970; Exhibit B, "Recreation Plan, Poway Water Storage Project "; and Plates 1 through 4. 2. GRANTS The State will make the following grants to the Grantee in accordance with the terms and conditions of this Contract. 1 a. Fish Enhancement Grant A Fish Enhancement Grant of three hundred twenty thousand two hundred dollars ($320,200), or nine and sixty —five one hundredths percent (9.65 %) of the construction cost of the Project, whichever shall be less. b. Recreation Grant A Recreation Grant of five hundred thirty -nine thousand eight hundred dollars ($539,800), or twenty and Irw sixty -two one hundredths percent (20.62%) of the construction cost of Poway Dam and Reservoir, whichever shall be less. c. Water and Sanitary Grant A Water and Sanitary Grant of ninety -nine thousand low, five hundred dollars ($993500)or the construction cost of the Water and Sanitary Facilities, whichever shall be less; provided, that such grant shall not exceed one - fourth of the total amount granted under subdivisions a. and b. of this article. 3. TERM OF CONTRACT This Contract shall remain in effect until December 31, 2022, except that if the date of completion of the Project other than Future Stage Recreation Facilities is later than December 31, 1972, the Contract shall remain in effect for fifty years from such date of completion. G .. 4. SPECIAL PROVISIONS kwu a. Submission of Plans and Specification's for Recreation Facilities in Borrow Area The Grantee shall submit complete detailed plans I and specifications for those Recreation Facilities to be con- structed in the Dam borrow area after borrow operations have been completed. Condition 3 of Article A -3a will be satisfied with respect to such Recreation Facilities by the submission of plans and specifications showing all detail not dependent on the final elevation of the Dam borrow area; provided, that none of the Water and Sanitary Grant and no more than two hundred sixty -five thousand dollars ($265,000) of the Fish Enhancement Grant and four hundred fifty thousand dollars ($450,000) of the Recreation rr- Grant shall be disbursed prior to the submission to the State of the detailed plans and specifications for all Recreation Facilities and the approval by the State of such plans and specifications. The Grantee shall cause the Dam borrow area to be so used for borrow as to make it suitable and attractive for the construction therein of Recreation Facilities and shall take all action necessary to that end, including the provision of suit- able terms in the Dam construction contract. b. Period for Grantee to Demonstrate Adequate Financing In addition to the provision for termination con- tained in Article A -4, the Contract shall terminate two years 3 from its date unless the Grantee has within such period demon- strated the availability of sufficient funds to complete con- struction of the Project, and demonstrated its ability to deposit money as required by Article A -6. DATED: JUL 2 3 1970 APPROVED AS TO LEGAL FORM AND SUFFICIENCY Wr By Chief Counsel 4 STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES By'.., Director Address: P. 0. Box 388 Sacramento, California 95802 POWAY MUNICIPAL WATER DISTRICT By _L y ` L Title x . / ? -� �! Address: P. 0. Box 3-8 Poway, California 92064 v.. %wol EXHIBIT A STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES DAVIS - GRUNSKY ACT GRANT CONTRACT STANDARD TERMS AND CONDITIONS A -l. DEFINITIONS May 28, 1970 1AVW When used in the Contract the following terms shall have the meanings set forth below, unless the context clearly requires another meaning. a. "Contract" means the contract to which these ` standard terms and conditions are appended. n b. "Dam and Reservoir" means a dam and reservoir of the Project for which a grant is made by the Contract. The Recreation Plan may further define any Dam and Reservoir. C. "First Stage Recreation Facilities" means that part of the Recreation Facilities designated as such by the Recreation Plan. Generally, the First Staf7e Recreation Facilities will consist of those Recreation Facilities required to be completed when the Project is first made available for public recreational use. d. "Fish Enhancement Grant" means a grant provided V pursuant: to Water Code section 1.2884.2(a) to finance part of 91 the construction cost of a Project in consideration of fish and wildlife enhancement benefits to be provided by such Project. -Al- Orr 14.. e. "Future Stage Recreation Facilities" means that part of the Recreation Facilities designated as such by the Recreation Plan. Generally, the Future Stage Recreation Faci'_i- ties will consist of those Recreation Facilities not required to be completed until after the Project is first made available for public recreational use. The Future Stage Recreation Facilities may be divided into two or more stages. f. "Grant Percentage" means the maximum portion of the construction cost of the Project or a Dam and Reservoir, respectively, to be provided by a grant, as stated in the Contract. g. "Project" means the project described in the feasibility report filed by the Grantee in support of the Grantee's application for a grant or any modifications of such rr- report. The Recreation Plan may further define the Project i and any such definition in the Recreation Plan shall control. over the description in the feasibility report. h. "Quarter" means a three -month period beginning January 1, April 1, July 1, or October 1. i. "Recreation Facilities" means the facilities and features of the Project designated as such by the Recreation Plan. Generally, the Recreation Facilities will consist of those facilities and features of the Project required to be constructed or provided for the recreational use of the Project or for the enhancement of fish and wildlife. J. "Recreation Grant" means a grant provided pur- suant to Water Code section 12884.2(b) to finance part of the -A2- construction cost of a Dam and Reservoir in consideration of recreation benefits to be provided by such Dam and Reservoir. k. "Recreation Plan" means Exhibit B to the Contract, which is so entitled. 1. "Recreation Project Boundary" means the boundary so designated on the plates. M. "Water and Sanitary Facilities" means that part of the First Stage Recreation Facilities designated as such by the Recreation Plan. Generally, the Water and Sanitary Facilities will consist of the water supply and sanitary facilities which are needed for initial public recreational use of a Dam and Reservoir. n. "Water and Sanitary Grant" means a grant provided pursuant to Water Code section 12�`P4.2(c) to finance the con- struction of Water and Sanitary Facilities. A -2. COURT VALIDATION OF CONTRACT Promptly after the execution of the Contract, the Grantee shall submit the Contract to a court of competent jurisdiction for a determination of its validity. The Grantee shall diligently prosecute such action to final judgment, including any appeal. The Contract shall be indivisible for purposes of validation and shall not be binding on the State or the Grantee unless validated by a final judgment, upon which no appeal is pending, in all of its terms and conditions. A - -'. DISBURSEMENT OF GRANTS - a. Conditions Precedent r✓ The State shall have no obligation to disburse money -A3 - W.. � under the Contract unless and until: 1. The Grantee obtains a final decree confirming the validity of the Contract as required by Article A -2. 2. The Grantee submits to the State a schedule on a form approved by the State showing the estimated costs of con- structing the Project and the schedule of work on the Project. 3. The State approves detailed plans and specifications for the Recreation Facilities, any Dam and Reservoir, and any other work or feature of the Project which may affect the use of the Project for recreation or fish and wildlife enhancement. 4. The major construction contract for the Project has been awarded and the Grantee demonstrates the availability of sufficient funds to complete construction of the Project, and demonstrates its ability to deposit money as required by Article A -6. 5. The Grantee demonstrates that it has the water rights necessary to operate the Project. 6. The State advises the Grantee that funds are available to pay to the Grantee the grant amounts provided for In the Contract. 7. The Grantee demonstrates that it has made adequate arrangements for supervision of the construction of the Project. 8. The Grantee submits to the State a preliminary operation plan setting forth adequate preliminary arrangements for financing and staffing the operation and maintenance of the Recreation Facilities. %W b. Disbursement Procedure The grants provided for in the Contract shall be -A4- *AW ..+ disbursed in the following manner. The Grantee shall submit to the State requests for disbursement together with detailed state- ments of construction costs paid prior to the date of a request. Such requests and statements shall be submitted on forms approved by the State. Separate statements shall be submitted for each grant. A request for disbursement of a Fish Enhance- ment Grant shall be accompanied by a statement of the construction costs of the Project. A request for disbursement of a Recreation Grant shall be accompanied by a statement of the construction costs of the Dam and Reservoir for which the grant is provided. A request for disbursement of a Water and Sanitary Grant shall be accompanied by a statement of the construction costs of the Water and Sanitary Facilities for which the grant is provided. The first such statements shall show costs paid during the period prior to the date upon which the conditions stated in subdivision a. of this article are met. Subsequent statements may be submitted after each subsequent Quarter and shall show the costs paid in such Quarter. The State shall disburse an amount equal to the costs shown in a statement for Water and Sanitary Facilities and shall apply the relevant Grant Percentage to the costs shown in a statement for a Project or a Dam and Reservoir and disburse the amount so derived; provided, that the State may refuse to reimburse any part of costs which are not reasonable in amount, and necessarily and properly incurred for the construction of the works for which the grant is provided; and provided further, that no more than 90 percent of the maximum dollar amount of any grant will be disbursed prior to the VYr✓ -A> a `v substantial completion of the First Stage Recreation Facilities. Upon completion of the First Stage Recreation Facilities, the State shall disburse to the Grantee any grant amounts in excess of 90 percent of the maximum dollar amount of a grant which are properly payable pursuant to cost statements previously submitted by the Grantee. The State may withhold disbursement of grants upon any substantial non - compliance by the Grantee with the Contract. In the event that amounts greater than that payable under the terms of the Contract are paid to the Grantee, the Grantee shall promptly repay the excess amount to the State. %W C. Advance Disbursement In addition to disbursements under subdivision b. of this article in reimbursement for costs paid by the Grantee, the State may also make disbursements to the Grantee to pay construc- ' tion costs in advance of the payment by the Grantee of such costs. Such advance disbursements shall be entirely within the discre- tion of the State and shall be made only upon a determination by the State that the Grantee would be unable to commence or proceed with construction unless such advance disbursement is made. The Grantee shall make a written request for any advance disbursement, which request shall specify the items of cost for which such advance disbursement is requested and state why the Grantee cannot commence or proceed with construction unless it receives such advance disbursement. Advance disbursements will be made only for costs due and payable during the next succeeding quarter. All advance disbursements shall be separately accounted e. W.. IWW %W for and any interest earned by the Grantee on an advance disburse- ment shall be considered State money disbursed to the Grantee out of the grant. d. Eligible Construction Costs Grant money shall be disbursed only to reimburse or pay portions of those construction costs which are reasonable in amount and necessarily and properly incurred for the construction of the works for which the grant is provided. Such costs may include payments to construction contractors, costs of force 'i✓ account work where necessary and proper, costs of land acquisi- tion, interest during construction, and reasonable payments for legal, engineering and other professional services. No legal or administrative costs incurred for the purpose of securing Davis- Grunsky Act grants shall be reimbursed or paid from grant money. The reasonable cost of acquiring lands located above the high waterline of a Reservoir which is necessary or desirable for public recreation in connection with the Reservoir shall be Wry treated as a construction cost of the Dam and Reservoir. No land �r acquisition costs shall be included as a construction cost of the Water and Sanitary Facilities, unless otherwise specified in the Recreation Plan. A -4. TERMINATION ON FAILURE TO MEET DISBURSEMENT CONDITIONS The Contract shall terminate three years from its date if the Grantee does not meet all the conditions precedent to disbursement set forth in Article A -3a. within such period. -A7 - Vftw �.r A -5. DISPOSITION OF GRANT FUNDS a. Establishment of Accounts The Grantee shall establish and maintain separate accounts entitled "Davis - Grunsky General Account" and "Davis - Grunsky Recreation Account ". In the event the Grantee receives advance disbursements pursuant to Article A -3c, the Grantee shall also establish and maintain a "Davis - Grunsky Advances Account ". The Davis - Grunsky Advances Account shall contain such subaccounts as shall be necessary to properly account for each advance. Such accounts shall be maintained separate from all other accounts of the Grantee and the Grantee shall keep complete and accurate records of the expenditures from such accounts. The money in such accounts shall be prudently invested and all interest earned shall be credited to the same account as the principal amount. b. Placement of Money in Accounts Money disbursed to the Grantee from a Fish Enhance- ment Grant or a Recreation Grant shall be placed in the Davis - Grunsky General Account or in the Davis - Grunsky Recreation Account in the proportions or amounts specified in the Recreation Plan. Money disbursed to the Grantee from a Water and Sanitary Grant shall be placed in the Davis - Grunsky Recreation Account. Money disbursed to the Grantee from any Errant as an advance disbursement shall be placed in the Davis- Grunsky Advances Account. C. Withdrawal of Money from Accounts Money in the Davis - Grunsky General Account shall be withdrawn only to pay necessary and proper construction costs of the Project. Money in the Davis- Grunsky Recreation Account shall be withdrawn only to pay necessary and proper construction costs of the First Stage Recreation Facilities. Upon the com- pletion of the First Stage Recreation Facilities, any balance in the Davis - Grunsky Recreation Account may be transferred to the Davis - Grunsky General Account and upon the completion of the Project with the exception of the Future Stage Recreation Facilities, any balance in either account may be withdrawn by the Grantee for other proper purposes of the Grantee unless the Recreation Plan requires that all or a portion of any such balance be placed in the Davis - Grunsky Future Construction err Fund or the Davis - Grunsky Operation Reserve Fund. Notwith- standing the above, the Grantee may at any time withdraw money from the Davis - Grunsky General Account or the Davis - Grunsky Recreation Account for any proper purpose of the Grantee upon the written determination of the State that there will be sufficient money, in the account or otherwise available following such withdrawal to pay the remaining construction costs of the Project (other than the Future 4- Stage Recreation Facilities) or the First Stage Recreation - Ivae W E Facll.ities, respectively, and to provide for any required trans- fers to the .Davis - Grunsky Future Construction Fund or the Da.vis - Grunsky Operation Reserve Fund. Money in the Davis - Grunsky Advances Account shall be withdrawn only to pay the costs for which an advance disbursement was made; provided, that such money may be withdrawn to pay other construction costs of the Project with the written approval of the State. A -6. CONTRIBUTION OF FUNDS BY GRANTEE a. For First Starve Recreation Facilities The Grantee shall place money other than State 7rant money in the Davis - Grunsky Recreation Account established under Article A -5a in such amounts and at such times as may be required by the Recreation Plan. b. For Future Stagy, -e Recreation Facilities The Grantee shall establish and maintain,separate from all other funds, accounts and moneys of the Grantee, a "Davis- Grunsky Future Construction Fund ". The Grantee shall place in such fund such amounts at such times as may be required by the Recreation Plan. The money in such fund shall be withdrawn only to pay costs of'constructinm the Future Stage Recreation Facilities. Upon the completion of the Future Stage Recreation Facilities, any remaining money in such fund may be withdrawn for any proper purpose of the Grantee. c. For Operation of Recreation Facilities The Grantee shall establish and maintain, separate from all other funds, accounts and moneys of the Grantee, a "Davis- Grunsky Operation Reserve Fund ". The Grantee shall -A10- place in such fund such amounts at such times as may be required by the Recreation Plan. The money in such fund shall be with- drawn only to pay costs of operating and maintaining the Recrea- tion Facilities in any year during which money to pay such costs from other sources is insufficient. The written approval of the State shall be obtained before money in such fund is with- drawn. If all or any part of the money in such fund is with- drawn in accordance with this subdivision, the Grantee shall replace in the fund the money withdrawn. Such replacement shall. be made in accordance with a schedule approved by the State. wr d. Management of Future Construction and Operation Reserve Funds The Grantee shall invest the money in the Davis- Grunsky Future Construction Fund and the Davis - Grunsky Operation Reserve Fund in obligations backed by the credit of the United States or the State of California or in bank time deposits. Interest earned on the money in such funds shall be deposited as provided in the Recreation Plan. Such funds may be %W discontinued and the money therein used for any proper purpose of the Grantee upon the written approval of the State. A-7. OBLIGATION TO TAX FOR RECREATION a. Obligation to Tax If the Grantee fails to raise sufficient funds by other means, its governing body shall levy or cause to be levied upon all property in the Grantee not exempt from taxation or assessment, taxes or assessments sufficient to pay the costs rW✓.. of constructinS, operating, and maintaining the Recreation -All- 1*0 *MOW Facilities and the Project for recreational and fish enhancement purposes, and to make the payments required under Article A -6. b. Enforcement by Public Officers Taxes or assessments levied or caused to be levied by the governing body of the Grantee pursuant to subdivision a. of this article shall be enforced and collected by all officers of the Grantee or other public officials charged with the duty of enforcing and collecting taxes or assessments Levied or caused to be levied by the Grantee. C. Legal Action by State In the event of failure, neglect or refusal of any officer of the Grantee or other public official to levy or cause to be levied any tax or assessment pursuant to subdivision a. of this article, or to enforce or collect the tax or assessment, the State may take: such action in a court of competent jurisdic- tion as it deems necessary to compel the performance in their proper sequence of all such duties. Action taken pursuant hereto shall not deprive the State of, or limit, any other IAW remedy provided by the Contract or by law. A -8. CONSTRUCTION OF RECREATION FACILITIES The Grantee shall construct or cause to be constructed the Recreation Facilities as described in the Recreation Plan. Such facilities shall be designed and constructed to standards adequate to protect the health, safety, and welfare of the pubic in consideration of the type and amount of proposed recreational use of such facilities; provided that, unless ,% otherwise specified in the Recreation Plan, such facilities -Al2- ,%W shall be at least equal. in quantity, size, location, quality of construction and other characteristics to those facilities shown and described in the report of the Department "of Water Resources entitled "Typical Recreation Facilities Under the Davis - Grunsky Act" and dated October 1966, and the report of the Department of Water Resources entitled "Guidelines for Construc- tion and Operation of Recreation Facilities Under the Davis- Grunsky Act," and dated October 1965; provided further, that the Recreation Facilities shall also meet any higher standards which may be specified in the feasibility report (or any modifi- cations thereof) filed by the Grantee in support of the Grantee's application for the grant. A -9. TIMING, MANNER, AND STANDARDS OF CONSTRUCTION a. General Construction Standards The Grantee shall cause the Project to be constructed in a diligent, efficient and economical manner and in compliance with all applicable provisions of law. The Grantee shall arrange for qualified personnel to supervise such construction. b. Completion Dates Construction of the Project and the Recreation Facilities shall be completed and the Project and Recreation Facilities shall be available for public use on or before the dates specified in the Recreation Plan; provided, that any of such dates may be deferred upon the written approval of the State. For the purposes of the Contract, construction of the Project or any part or stage of the Project shall be considered to be completed when so determined by the State, and the State -A13- `wr shall give the Grantee prompt written notice of such determina- tion. c. Construction Pursuant to Plans and Specifications The Project shall be constructed in accordance with plans and specifications approved by the State, or any revisions thereof approved by the State. In the event of any difference between facilities as described in plans and specifications approved by the State and such facilities as described in the Recreation Plan, the approved plans and specifications shall govern. It is the intention of the parties that the Recreation Plan shall be amended, where necessary, to conform to the approved plans and specifications. d. Competitive Bidding Procedure Any contract awarded for the construction of the Project, or any part thereof, which is in excess of $5,000 or the amount set forth in any competitive bidding statute applicable to the Grantee, whichever is less, shall be awarded by competi- tive bid procedures which assure award of the contract to the lowest responsible bidder, except as may be otherwise authorized in writing by the State. e. Land Acquisition The Grantee shall acquire all land within the Recrea- tion Project Boundary in fee unless acquisition of a lesser interest is approved in writing by the State. The Grantee shall retain ownership of such land during the term of the Contract and shall not transfer, during such term, any rights in such land without the prior written approval of the State. The %0 Grantee shall acquire land by following procedures customarily -A14- 09 followed by responsible public agencies to acquire land at reasonable cost. f. Installation of other Facilities The installation within the Recreation Project Boundary of any facility which affects the recreational or fish enhance- ment uses of the Project and which is not described in the Contract shall be subject to the prior written approval of the State. This subdivision shall not apply to the Dam or to any modifications thereof or additions thereto, nor shall it be construed as a waiver of any other provision of the Contract. A -10. CONSTRUCTION REPORTS During the first month of each Quarter after funds have been disbursed to the Grantee under the Contract and until construction of the Project (other than the Future Stage Recrea- tion Facilities) has been completed, the Grantee shall furnish a written report on construction progress and expenditures to the State, on a form approved by the State. Such reports shall contain: 1. A record of expenditures of money disbursed to the Grantee under the Contract, segregated as to account and showing in adequate detail the purpose of such expenditure. 2. The balances, in the several accounts and funds, of money subject to the Contract. 3. A description of the progress of construction of the Project. The State may also request reports on construc- tion progress of the Project from time to time prior to the `Wry -A15- ILMI first disbursement of funds under the Contract. The Grantee shall furnish such a report in writing to the State within 30 days of the date it receives such a request. A -11. OPERATION OF PROJECT a. Operation and Maintenance The Grantee shall cause the Project to be operated for recreation and fish enhancement purposes in an efficient manner and in accordance with the Recreation Plan, shall provide for the making of all repairs, renewals, and replacements necessary to the efficient operation of the Project, and shall cause the Project to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The Grantee shall cause the Project, Recreation Facilities and recreation area to be main - %W tained at all times in a safe, clean and attractive condition WY✓ and shall to that end, among other things, provide or cause to be provided, to the extent legally possible, adequate law enforcement in the recreation area, servicing of the sanitary facilities, including garbage collection, and general supervision of the Project, Recreation Facilities and recreation area and of the recreational activities of the Project. b. Availability to Public The Grantee shall cause the entire area within the Recreation Project Boundary, except areas exempted by the -A16- Wi✓ low ... Recreation Plan, to be available to the general public for recreational use. C. FFes for Recreation Use Fees for recreation use of the Project shall not exceed those set forth in the Recreation Plan and the same fees shall be charged to all members of the general public for such usage. Upon the written approval of the State, the fees may be changed from time to time to reflect fees being currently charted in the general area for similar services, to reflect reasonable operation and maintenance expenses of the Grantee, and to compensate for any additional services that may be pro- vided in connection with the Recreation Facilities. d. Compliance with Public Health and Safety Laws The Grantee shall cause the Project, Recreation Facilities and recreation area to be operated in compliance with all laws, regulations, orders, and other lawful directives of the State of California and of local agencies pertaining to public health and safety that are from time to time applicable to such operation. A -12. REPORTS ON RECREATION OPERATION On or before the first April 1 (or other mutually agreeable date) after public use of the First Stage Recreation Facilities begins, and on or before each April 1 (or other mutua LLy agreeable date) thereafter, the Grantee shall furnish or cause to be furnished to the State a written report on the recreational operation of the Project during the preceding -A17- I 4■r calendar (or other agreed upon) year, which report shall include the following: 1. An analysis of the adequacy of the existing Recrea- tion Facilities to meet the recreational demand. 2. A statement of the total recreational use of the Project, with a calculation of use by facilities and recreation area, by recreational activity and by area of residence of the user. 3. A statement of expenditures made for the operation and maintenance of the Project for recreation and fish enhance- ment and a statement of the revenues collected from the operation of the Project for recreation and fish enhancement. 4. A report of the operation of any Dam and Reservoir of the Project, including information on monthly Reservoir Wi✓• outflow and end of month Reservoir storage. *AW A -13. SIGN REFERRING TO DAVIS - GRUNSKY FINANCING The Grantee shall cause a permanent sign to be installed in the recreation area which shall include a statement that the recreation features of the Project were financed under the Davis- Grunsky Act program administered by the California Department of Water Resources. The sign may contain additional statements which recognize the participation of other govern- ment agencies in the Project. The sign shall be installed before the Recreation Facilities are made available to the public. The location and makeup of the sign, including the dimensions, materials and lettering, shall be as approved by the State. -A18- A -14. DIRFCTIONAL SIGNS The Grantee shall cause permanent directional signs to be installed so as to provide adequate directions to the public for reaching the Project area. The signs shall be installed on major roads, including county roads, in the area and in as close proximity as possible to freeway exits. They shall be installed before the Recreation Facilities are made available to the public. The locations and the makeup of the signs, including the dimensions, materials, and lettering, shall be as approved by the State. A -15. INSPECTION OF PROJECT BY STATE The State shall have the right to inspect the work being performed and the facilities being constructed at any time during the construction of the Project, and the operation Wr✓ - and maintenance of the Project at any time after completion. The Grantee shall notify the State of the final inspection of Project facilities by the Grantee pursuant to each con- struction contract at least ten days prior to the date for such inspection. A -16. OTHER CONTRACTS CONCERNING OPERATION Any agreement which the Grantee may enter into with others which relates directly or indirectly to the opera- tion of the Project for recreation or fish enhancement pur- poses or to the operation of the Recreation Facilities shall be subject to the Contract and the Grantee shall so provide in any such agreement. %W -A19- *00 A -17. STATE TO BE HELD HARMLESS FROM PROJECT DAMAGE The Grantee agrees to indemnify the State of California, the Department of Water Resources, and their officers, agents, and employees against, and to hold the same free and harmless from, any and all claims, demands, losses, costs, expenses, or liability due or incident to, either in whole or in part and whether directly or indirectly, the design, construction, operation, repair, maintenance, existence, or failure of the Project or of any of the works or facilities of the Project. A -18. REMEDIES NOT EXCLUSIVE The use by either the State or the Grantee of any remedy specified in the Contract for the enforcement of the Contract is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. A -19. AMENDMENTS This contract may be amended at any time by mutual agreement of the State and the Grantee'. A -20. OPINIONS AND DETERMINATIONS Where the terms of the Contract provide for action to be based upon the opinion, judgment, approval, review, or determination of either the State or the Grantee, such terms are not intended to be and shall never be construed as permit- ting such opinion, judgment, approval, review, or determination �r to be arbitrary, capricious, or unreasonable. -A20- *✓ A -21. CONTRACTING OFFICER OF THE STATE The contracting officer of the State shall be the Director of Water Resources of the State of California and his successors, or their duly authorized representatives. The Contracting officer shall be responsible for all discre- tionary acts, opinions, judgments, approvals, reviews, and determinations required of the State under the terms of the Contract. A -22. SUCCESSORS AND ASSIGNS OBLIGATED This Contract and all of its provisions shall apply to and bind the successors and assigns of the parties hereto. A - 2 3 . ASSIGNMENT No assignment or transfer of this Contract or any %W - part hereof, rights hereunder, or interest herein by the Granted shall be valid unless and until it is approved by the Stat- and made subject to such reasonable terms and conditions as the State may impose. A -24. WAIVER OF RIGHTS It is the intention of the parties hereto that from time to time either party may waive certain of its rights under this Contract. Any waiver at any time by either party hereto of its rights with respect to a default or any other matter arising in connection with this Contract, shall not be deemed to be a waiver with respect to any other default or matter. -A21- 14we A -25. NOTICES 1480 All notices that are required either expressly or by implication to be given by one party to the other under this Contract shall be signed for the State by its contract- ing officer and for the Grantee by such officers as it may, from time to time, authorize in writing to so act. All such notices shall be deemed to have been given if delivered personally or if enclosed in a properly addressed envelope, postage prepaid, and deposited in a United States Post Office for delivery. Unless and until formally notified other- wise, all notices shall be addressed to the parties at their addresses as shown on the signature page of the Contract. A -26. INSPECTION OF BOOKS, RECORDS, AND REPORTS During regular office hours, each of the parties or 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 Contract or matters related hereto. Each of the parties shall maintain and make available for such inspection accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Contract. A -27. GRANTS SUBJECT TO AVAILABILITY OF FUNDS The obligation of the State to provide grant funds under this Contract shall be subject to the availability of funds. °ter -A22- C9 14w, v A -28. CONTRACT NOT TO AFFECT STATE SUPERVISION OF DAMS JURISDICTION The provisions of this Contract shall not affect In any way the powers, duties, and jurisdiction of the State under the provisions of Part 1 of Division 3 of the Water Code, pertaining to supervision of dams. -A23- l C STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF WATER RESO RECREATION PLAN POWAY WATER STORAGE PROJECT EXHIBIT B B -1. TERMINOLOGY AND DEFINITIONS The following provisions are supplementary to those contained in Article A -1 of the Standard Terms and Conditions: a. The Project includes the following: 1. Poway Dam and Reservoir C, 2. The Pipeline from the Dam and Reservoir to the Grantee's water filtration plant. 3. The Recreation Facilities b. The Dam and Reservoir shall be deemed to include the inlet - outlet works, the portion of the pipeline from such works which underlies the Reservoir, and the Dam service road shown on Plate 1. c. The Recreation Facilities consist of the faci- lities and features described in Articles B -2, B -3, B -4, B -5, and B -6. d. The First Stage Recreation Facilities consist of the facilities and features described in Articles B -2, B -3, B -4, and B -5. e. The Future Stage Recreation Facilities consist of the facilities and features described in Article B -6. f. The Water and Sanitary Facilities consist of that portion of the facilities described in Article B -3 which are needed for the initial public recreational use of the Dam and Reservoir. B -2. GENERAL RECREATION FACILITIES TO BE CONSTRUCTED BY 1972 The following facilities shall be, constructed or provided by December 31, 1972. They shall be located as shown on Plates 1 and 2. a. Seventy -five picnic units. Insofar as possible, there shall be no more than 10 units per acre. Each unit shall have a table -bench combination with a table surface at least 3 feet by 8 feet. One garbage facility shall be provided for every four units, and one fire ring shall be provided for every six units. Each unit shall be within 500 feet of a restroom building and 300 feet of a source of potable water. b. A barbecue center building of at least 750 square feet to provide for the preparation and serving of food to large groups, constructed to standards approved by the State. C. At least three barbecue pits of sufficient size to serve large groups. d. A main recreation access road, and a maintenance road to service the Dam and Reservoir and chemical restrooms. The main recreation access road shall be constructed to the Standards shown on Plate 4. B2 front. 14� e. At least 150 paved parking spaces. f. At least twelve benches located on the lake g. At least 3 -1/2 miles of riding and hiking trails of suitable width and gradient. h. One boat dock of sufficient size to accommodate 75 boats, and adequate standards approved by the State. i. At least 75 boats, with or without motors. Only electric motors will be used. J. One fishing float at least 100 feet by 10 feet, constructed to adequate standards approved by the State. k. One entrance station. 1. Appropriate signs within the recreation area stating the regulations for the use of roads, parking areas r• and other recreational facilities and providing other appropriate information. m. Appropriate power and telephone lines. All such lines shall be underground. B -3. WATER AND SANITARY FACILITIES (TO BE CONSTRUCTED BY 1972) The following facilities shall be constructed by December 31, 1972. They shall be located as shown on Plate 3. a. Water Facilities 1. A water storage tank of at least 100,000 gallons capacity and pump in or near the Grantee's water filtration plant capable of furnishing at least 100,000 gallons in 48 hours at the water storage tank, or an equivalent EN r.r closed system and its appurtenancies approved by the State. 2. Sufficient fire hydrants to protect the recreation area. 3. Water transmission lines connecting the pump, the water storage tank, and the recreation area, with adequate capacity to serve the areas of water use. 4. Such pipe, risers, hose bibbs, drinking fountains, and other items necessary to adequately serve the areas of water use. b. Sanitary Facilities 1. One restroom located near the end of the boat dock and containing at least 280 square feet, six flush toilet fixtures, and a fish - cleaning facility. 2. One restroom in the barbecue center building containing at least two flush toilet fixtures. 3. Six pairs of chemical restrooms located at appropriate locations around the Reservoir. 4. A septic tank and leaching field located west of the Reservoir with sufficient capacity to treat and dispose of sewage resulting from public use of the Project. 5. Main sewer lines and connecting laterals of sufficient capacity to convey sewage from the restrooms to the septic tank and leaching field. 6. Sufficient garbage facilities at appropriate locations throughout the recreation area. M 4".. B -4. LANDSCAPING The recreation area shall be landscaped as shown on Plate 2 by December 31, 1972. It is the intention of the parties that Plate 2 shall be amended, if necessary, to show the locations of landscaping after the complete detailed plans and specifications of the Recreation Facilities to be constructed in the Dam borrow area have been approved. a. Detailed landscaping plans and specifications shall be submitted to the State at the same time as the plans and specifications for other Recreation Facilities and shall be subject to the approval of the State. b. The Grantee shall landscape any borrow area in and about the recreation area so that an attractive appearance is provided. c. Turf shall be planted on at least 10 acres of picnic area. Grasses acceptable to the State shall be planted. A permanent underground irrigation system adequate to maintain the turf shall be constructed. Slopes shall be planted for soil stabilization. d. At least 150 shade trees of types and sizes approved by the State shall be planted in the areas shown on Plate 2. Such trees shall be cared for in a manner which will best assure vigorous growth and health. Any tree which does not grow satisfactorily shall be replaced. B -5. FISH ENHANCEMENT FACILITIES The following facilities shall be constructed to EL" provide fish habitat in the Reservoir: a. Fish shelters and hideaways b. Spawning areas c. Adequate fish - screening facilities at the Reservoir inlet and outlet. B -6. ADDITIONAL RECREATION FACILITIES TO BE CONSTRUCTED AFTER 1972. a. The second stage of the Recreation Facilities shall include at least forty picnic units and appurtenant water supply and sanitary facilities and at least 80 paved parking spaces, which shall conform in design, appearance, and standards to those set forth for such facilities in Articles B -2 and B -3. The second stage shall also include a restroom building containing at least 280 square feet and six flush toilet fixtures. b. The third and fourth stages of the Recreation Facilities shall each include at least thirty picnic units and appurtenant water supply and sanitary facilities and at least 60 paved parking spaces, which shall conform in design, appearance,and standards to those set forth for such facilities in Articles B -2 and B-3-1/1 The fourth stage shall also include a restroom building containing at least 280 square feet and six flush toilet fixtures. c. The fifth stage of the Recreation Facilities shall include at least 20 picnic units and appurtenant water supply and sanitary facilities and 40 paved parking spaces, which shall conform to design, appearance and standards to Ell ..d those set forth for such facilities in Articles B -2 and B -3. B -7. COMPLETION OF FACILITIES The Grantee shall cause the construction of the Dam and Reservoir to be completed, and the Reservoir to be filled at least to elevation 935 feet not later than December 31, 1972. The Grantee shall cause the construction of the First Stage Recreation Facilities to be completed and such facilities made available for public use not later than December 31, 1972. Construction of Future Stage Recreation Facilities shall be W completed and such facilities made available for public use not later than the dates shown below: Second stage December 31, 1982 Third stage December 31, 1992 r Fourth stage December 31, 2002 Fifth stage December 31, 2012 B -8. OPERATION OF RECREATION FACILITIES a. Fees for recreational use of the Project shall not exceed the following: Recreation use fee Free Fishing during trout season Adult (age 16 or over) $2.00 per person per day Youth (age 8 to 15) $1.00 per person per day Child (age 7 or less) No charge Fishing other than in trout season Adult $1.50 per person per day IM n %w,. I%W Youth Child Boat rental Boat rental with motor w✓ $ .75 per person per day No charge $ .75 per hour $1.50 per half day $3.00 per day $1.50 per hour $5.50 per half day $7.00 per day b. The Reservoir shall be operated during the first 20 years of Project operation so that the pool elevation is never less than 900 feet, and during the remainder of the contract term so that the pool elevation is never less than 880 feet; provided that the pool elevation may be drawn below such elevations to that extent necessary (1) to make emergency repairs which require such a drawdown, (2) to meet an emergency need for water in the Grantee's service area in excess of normal regulatory requirements which cannot be satisfied by utilizing all other sources of water available to Grantee or (3) for other purposes with the prior written approval of the State. c. The Grantee shall maintain a fishery in the Reservoir sufficient to wake available for harvest each year at least 150 pounds of warmwater game fish per surface acre available for fishing and one pound of trout for each trout angler day. To maintain such fishery Grantee shall, among other things, provide for the following; 1. Plant catchable trout in at least the IpS amounts shown below: �✓ Year of Pounds of Project Operation Trout 1 14,500 2 14,500 3 19,500 4 22,000 5 24,500 6 - 50 an amount determined by fishing demand. At least 3 percent of the trout planted shall weigh more than oiwr two pounds, at least 35 percent shall weigh more than one pound, and the remainder shall weigh more than one -half pound. 2. Plant warmwater fish as necessary to establish and maintain the warmwater fishery at the amount set forth above. 3• Plant natural fish food sources as necessary. 4. Promptly replace fish lost as a result of an emergency drawdown or any other cause. 5• Maintain water quality to the standards *00 necessary maintain the fishery ry at the amounts set forth above. 6. Construct additional fish environment and habitat facilities (including a compressed -air reservoir destratification system) if necessary to maintain the warmwater fishery at the amount set forth above. d. The Project shall be open to the general public every day of the year, provided that from November 15 to June 15 the Reservoir may be closed to fishing on days other than Wry m NOW %00 weekends, holidays and one weekday per week. The Grantee may prohibit public use of the Dam face, the water filtration plant, the restricted area of the Reservoir as shown on Plate 1, and other areas where public use will endanger public health or safety. The Grantee may prohibit body contact activities in the Reservoir. B -9• DISPOSITION OF GRANT FUNDS PURSUANT TO ARTICLE A -5b The first one hundred twenty -five thousand dollars ($125,000) disbursed to the Grantee from the Fish Enhancement Grant shall be placed in the Davis - Grunsky Recreation Account 1%W and the balance disbursed from such grant, shall be placed in the Davis - Grunsky General Account. The first two hundred thousand dollars ($200,000) disbursed to the Grantee from the It Recreation Grant shall be placed in the Davis - Grunsky Recreation Account and the balance disbursed from such grant shall be placed in the Davis - Grunsky General Account. In the State's judgment the money required by this article to be placed in the Davis - Grunsky Recreation Account will not be needed for the construction cost of the Dam and Reservoir or other Project facilities other than the Recreation Facilities. B -10. CONTRIBUTION OF FUNDS BY GRANTEE PURSUANT TO ARTICLE A -6 a. The Grantee shall not be required to place money other than State grant money in the Davis - Grunsky Recreation Account unless the State grant money available to the Davis - Grunsky Recreation Account and the Davis - Grunsky General Account proves insufficient to complete the First B10 ti.+ Stage Recreation Facilities. In such event the Grantee shall place money other than State grant money in the Davis - Grunsky Recreation Account in an amount sufficient to pay the remaining costs of construction of the First Stage Recreation Facilities. b. The Grantee shall have at least the following amounts in the Davis - Grunsky Future Construction Fund prior to the following dates: January 1, 1982 $46,400 January 1, 1992 $ 6,700 January 1, 2002 $16,500 January 1, 2012 $ 4,500 c. The Grantee shall place at least sixty thousand dollars ($60,000) in the Davis - Grunsky Operation Reserve Fund prior to December 31, 1972. d. If there is any money remaining in the Davis- Grunsky General Account or the Davis - Grunsky Recreation Account upon the completion of the Project, such money, up to the amount required to bring the amount in the Davis- Grunsky Operation Reserve Fund to sixty thousand dollars ($60,000) shall be transferred to the Davis- Grunsky Operation Reserve Fund. e. All interest earned on money in the Davis - Grunsky Future Construction Fund and the Davis - Grunsky Operation Reserve Fund, respectively, shall be retained in such funds; provided, that the Grantee and the State shall review in 1981 whether, on the basis of the operation experience of the Project prior to that time, the Grantee may thereafter use any interest earned on money in the Davis - Grunsky Operation Reserve B11 %aw,, *.✓ Fund for any proper purpose of the Grantee. SW f. The Grantee and the State shall review in 1981 whether, on the basis of the operation experience of the Project prior to that time, the amount required to be maintained in the Davis- Grunsky Operation Reserve Fund may be reduced at that time. 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( o *MOO, Vp WQ I � ( , I c T 1 I C � TWO INCHES OF ASPHALT CONCRETE PAVING ON A FOUR INCH GRAVEL BASE STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES SOUTHERN OISTRICT POWAY MUNICIPAL WATER DISTRICT POWAY WATER STORAGE PROJECT --dm� TYPICAL ROAD SECTION 1970