HomeMy WebLinkAboutAgua Hedionda Lagoon Foundation; 2018-10-30; (3)@cityof
Carlsbad
Office of the Mayor
October 26, 2018
Mr. Curt Busk
. President
Buena Vista Audubon Society
PO Box 480
Oceanside, CA 92049-0480
SUBJECT: AGP 18-01 -BUENA VISTA AUDUBON SOCIETY AGRICULTURAL CONVERSION
MITIGATION FEE GRANT FUNDING AGREEMENT
Dear Mr. Busk,
In its meeting on September 25, 2018, the Carlsbad City Council approved the Agricultural
Conversion Mitigation Fee Ad Hoc Citizens Committee's recommendation to award your
organization's funding request of fifty thousand dollars ($50,000) in Agricultural Conversion
Mitigation Fee Grant funding. The funding is awarded for Agricultural Conversion Mitigation
Fee Grant Project (AGP) AGP 18-01 (Boardwalk), to build a 340-foot long boardwalk along a
seasonally flooded stretch of trail to the southeast of the nature center, within the Buena Vista
Lagoon Ecological Reserve. A copy of City Council Resolution No. 2018-172, which approves the
allocation of grant funding, is enclosed for your information.
LETTER OF AGREEMENT
This letter is to serve as a Letter of Agreement ("Agreement") for disbursement of $50,000 in
grant funding from the Agricultural Conversion Mitigation Fee Grant Fund to build a 340-foot
long boardwalk along a seasonally flooded stretch of trail to the southeast of the nature center,
within the Buena Vista Lagoon Ecological Reserve. Since the project is expected to be completed
within one year, the funding disbursement will occur at once and not in increments. The project
budget and schedule must detail the funding amount of the project and anticipated timing. All
persons who signed the grant application must sign this agreement. Please return the signed
agreement along with:
1. The attached Annual Solicitation {Substitute W-9 Form), and
2. An updated project budget and schedule that describes the work tasks, estimated ~osts
and completion dates for those portions of the grant to be funded with the $50,000 of
awarded grant funding.
CA 10/2018
AGP 18-01-BUENA VISTA AUDUBON SOCIETY AGRICULTURAL CONVERSION MITIGATION FEE
GRANT FUNDING AGREEMENT
October 26, 2018
.Pa e 2
Release of Grant Funds
Once you have provided the information requested and satisfied the requirements specified
above, City staff will forward the Agreement to the Mayor for signature. Upon signature by the
Mayor, staff will release the funds. Failure to successfully implement any component of the
project funded will result in funding reconsideration and possible cessation of funding. In
addition, funding not spent for its specified purpose must be returned to the City immediately
unless the City has approved other purposes for which the funding may be utilized. If you need
to make changes in your project or schedule, please contact the Planning Division. Grant
recipients are required to recognize on all printed material, including interpretive signage
installed through this grant, that the project is funded in part or in full by the City of Carlsbad.
Reporting Requirements
Progress reports detailing accounting information on funds spent must be submitted quarterly.
A final report on how the funds were spent and what the project accomplished must be filed with
the City of Carlsbad within thirty days of project completion. In addition, the grant recipient
agrees to maintain original records {including receipts) for at least five years from the date on
which final grant funds are disbursed and agrees to make them available to the City should the
City request to audit them.
Notices
The names and addresses of the persons who are authorized to give written notices to receive
written notice on behalf of City and on behalf of Grantee under this Agreement.
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
For Grantee:
Buena Vista Audubon Society
Attn: Curt Busk, President
P.O. Box 480
Oceanside, CA 92049-0480
. Email: bvaudubon@sbcglobal.net
Indemnification
For City:
City of Carlsbad
Attn: Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Grantee hereby agrees to defend, indemnify, and hold free and harmless the City, its officers and
employees, against any and all claims, damages, losses, costs {including but not limited to
attorney's fees) and liabilities of any kind arising directly or indirectly out of, or related in any way
whatsoever to the provision of Grant proceeds.
CA 10/2018
AGP 18-01-BUENA VISTA AUDUBON SOCIETY AGRICULTURAL CONVERSION MITIGATION FEE
GRANT FUNDING AGREEMENT
October 26, 2018
Pa e 3
No Partnership or Joint Venture
The relationship between City and Grantee is solely that of Grantor and Grantee. Under no
circumstances shall City and Grantee be deemed to be partners or involved in a joint venture.
Modifications
This Agreement may not be modified or amended except by written document executed by a
duly authorized representative of both the City and the Grantee.
Governing Law
This Agreement shall be construed in accordance with and be governed by the laws of the State
of California. Venue, in the event of a dispute, shall be in the North San Diego County Superior
Court.
Severability
In the event that any provision or clause of this Agreement conflicts with applicable law, such
conflict shall not affect other provisions of this Agreement, which can be given effect without the
conflicting provision. To this end, the provisions of this Agreement are declared to be severable.
Signing Authority
The representative for each Party signing on behalf of a corporation, partnership, joint venture
or governmental entity hereby declares that authority has been obtained to sign on behalf of the
corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties
hereto harmless if it is later determined that such authority does not exist.
CA 10/2018
AGP 18-01-BUENA VISTA AUDUBON SOCIETY AGRICULTURAL CONVERSION MITIGATION FEE
GRANT FUNDING AGREEMENT
October 26, 2018
Pa e 4
Thank you for your participation in the Agricultural Conversion Mitigation Fee Grant process.
Should you have any questions, please feel free to contact Pam Drew in the Planning Division at
(760) 602-4644.
ACKNOWLEDGED AND AGREED:
:~TY ;;:u✓
M;{~Mayor
CURT BUSK, PRESIDENT
By:_~--~---
(signature)
____,G~c~Ll <~+-~-'s __ ......__.......~-+--+--Te._s ~-de~+ BUfitJ>ate: l O { bO l l '6
( ame/Title)
By: ____________ _
(signature) ATTEST:
(Name/Title)
Date: \, D lc)_-=t--/ I~ \ I
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
{If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
CA 10/2018