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HomeMy WebLinkAbout1977-09-06; City Council; 3652-3; Harding St. Community Ctr. Autitorium RenovationCITY OP CARLSBAD AGENDA BILL NO. - 3d $2 - DePt Initial: (. Hd. ZFr & r\- C. Atty.uw BATE: September, 6, 1977 DEPARTMENT: Parks and Recreation C. Mgr. R- . Subject : HARDING STREET COMMUNITY CENTER AUDITORIUM RENOVATION Statement of the Matter The State of California enacted the State, Urban, and Coastal Park Bond Act of 1976, which provides funds to the State and its political subdivisions for acquiring lands and for developing facilities for. public recreation and historical purposes. The State Department of Parks and Recreation has the administrative responsibility of the program and has established necessary procedures governing application by local agencies. The Parks and Recreation Commission unanimously recommends submission of the application for grant assistance. Funding of the project is contained in the 1977-78 Budget. This grant assistance request is for $136,332.00. EXHIBIT A. Resolution No. 5/6 B. Grant Application ' RECOMMENDATION Staff recommends approval of the application for the State, Urban, and Coastal Park Bond Act of 1976 assistance by the adoption of Resolution T.lo.~/~~ COUNCIL ACTJ ON 9-13-77 Resolution #5196. was adopted, approving application for State, Urban and Coastal Park Bond Act of 1976 assistancy. 1 $ 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . .. , RESOLUTION NO. 95 19 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE APPLICATION FOR 1976 STATE GRANT MONIES FOR THE HARDING St WHEREAS, the people of the State of Califor.nia have enacted the State, Urban, and Coastal Park Bond Act of 1976, which provides"funds to the State of California and its political subdivisions for acquiring' lands and 'for developing facilities for public recreation and historical purposes; and WHEREAS, the State Department of Parks and Recreation 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 procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the state; and WHEREAS, said applications contain assurances that the applicant must comply with; and WHEREAS, the applicant agency will enter into an agreement with the State of California for the acquisition and/or development of the project; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. 2. and 3. and maintain the project; and Approves the filing of an application for 1976 state grant assistance, and Certifies that said agency understands the assurances in the application; Certifies that said agency has or will have sufficient funds to operate 4. Certifies that said agency has reviewed and understands the General Provisions contained in the sample state/local -ggreernent; and 5. Appoints the Director of Parks and Recreation as agent of the city to 0 c 5 6 7 e 9 xc 11 12 . '13 a4 , 15 !, 'I. 16 17 19 20 21 22 23 24 25 26 27 28 ... . . .- conduct a71 negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, payment requests, and so on which may be necessary for the completion of the aforementioned project. an adjourned PASSED, APPROVED AND ADOPTED at / regular meeting of the City Council of the City of Carlsbad, California, held the 1'3th day of September Y 1977, by the following vote, to wit: a AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None ABSENT: None Councilwoman Casler ATTEST : i (seal) *. 4 PROJECT NO. State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION NEJEDLY-HART STATE, URBAN, AND COASTAL PARK BOND ACT OF 1976 APPLICATION FOR LOCAL ASSISTANCE GRANT 1. Project Title: 2. Amount of Grant Requested S 136.332 (Min. Grant $10.000) 164,277 Harding Street Community Center Auditorium 3. EEtimatedTotalProjactCoEr Renovation 5. Project Location: 4. Applicant :Agency'- address incl. rip code) City of Carl sbad Parks and Recreation Department 1200 Elm Avenue Carlsbad, CA. 92008 I 6. Statesanate District NO. 38 : 7. State Assembly District N0.76 San Dieqo NearertCity Carlsbad, CA. Describe Access to Project: Nest off Elm Street exit in Carlsbsd one block to Harding Street, south one block to northeast corner of Oak Street ~ 8. Applicants' Representative Authroized in Resolution: (type) Fdpy v , ,I- krkq R -p no niT- r ( 729-1151 (Name) (Title) (Phone) 9. Person with day-today responsibility for project (if different from authroized representative) cAMF t- I 1 .- ~. (Title) (Phone) - (type) s A M E (Name) 10. Description OF Project (Ba Specific - You will be bound by this description on the agreement): The renovation of 'the ex-Catholic Church into a 500 seat auditorium to provide city with public area for stage type presentations, large assemblies, little theatre school plays and musicals which can presently be held only in school gyms or cafeterias and totally disrupts the intended uses. will be renovated internally and externally to eliminate the church atmosphere and to provide facilities for the intended uses. . . .' The approximately 5000 square foot building .. .. 1. . ..~ . . .. , ..L , .. ., .. ...- .. . ., .- - .-. .: , , *. .. *. : . .. .-. . . . ,. . .. ,. . . , . . .... . . . .. .. . 1 la. Land Tenure - Project land is$. 96 acres: .-,owned in fee simple by applicant . avaiiable under a-year lease lb. Project land will be: aces: acquired in fee simple.by applicant ,-acquired in othw th?n fee simple (explain) Other interest {explain) 12. 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 1 September 13. 7977 - Date # DPR 574 W771 I_ ... IMPORTANT .. .. 'q. a, .. ' ' C. Frojoct Costs The grim1 moneys to be provided Applicant under this agreement shall bedisbursod 3s follows: 1. . If the Project Includes ncqulsltion of real prooerty, the Stoto shall dhme to Applicant the grant moneys as follows, but not to exceed in ani wont the State urant amouitt allocoted for ocquisition BE set forth on pas, 1 of thlt epmnonl: '. . a. When acquisltlon is through nqotiated purchase, State will disbrirso the ?mount of tho State ripproved purchase price toaether with State approved costs 0' acquisition. ' .. (1) When ocquisition is through procedi-s in eminent domain, State will disburse tho amount of the total sward 8s provided fur !n tho final order of condemnation together withState eppr,oved costs of acquisition. In the went Applicant nbirndont such eminent domain proceedings. Applicant ayreet to bear all wsts in If the' Project includss deuelopmtht, after approval by State of A&licant's plans end sprcificetions or rorce Account Schedule arid after completion of the Project or my phase or unit thereof, Stats shall dist)iJrse to Applicmt upon receipt and approval by State of a statement of incurred costs from Applicant, thsocnount of such approv~d incurrod costs shown on sirch statcnient. not to cxcci.d the State graqt amount allocated for dovaloprnrnt, ai set forth on pqa 1 of this agreement, or any remaining portion of such grant amount to th3 ex:ent of such stalernent. State may disburse up to 90% of the Stale grant nmount allocated for drvelopmcnt as shown on pge 1 of this State may elect to niake disbursement for deposit into escrow. b. .. c. , - 'connection thsrkith and that no grant moneys shall be disbursed for such costs. - 2. ' .' ogre%nent, upon receipt and approval by State of a statement of ejtircnted costs from Applicant. The statements to ba submltted by C\pplicaiit shall set forth in dctail the incurred or cstirnaled cok.1 of rvork performd or to ba parformed on development of the Projcct and rvlielher porforrnarice tvill be by coitstrti~ctic:n contract or by force account. Statenwits shall not be sirbmitted nwre frequently tlian ninety day periods unh otherwise requested by State. Modifreations of the dovelopment plsn and schedule must be approved by St3te prior ta any deviation fiom the State approved plan and schedule unless previously authorized by the State. * 0. Projact Administration 1. Tho Applicant shall promptly submit such reports as thestate may request. In any.event Applicant shall provide State 'a report showing total final Project cxpenUitures. .. 2. Properly and fxilities acquired or developed pursuent 10 thls qreement shall be available for inspection b;' the State upon requsst. 3. The Applicant shall use any moneys advanced by the State under the terms of this agreement solely for the Project heroin described. . 4. If grant moneys are advanced, the Applicant shall place such moneys in 9 separate interest bearing account, setting up and Identifying such amount prior to the advance. Interest earned on grant moneys :hall be used on the project or paid 10 the State. If grant moneys ore advanced and not expended. thz unused portion of tho grant shall be returwd to the State within 60 days of completion of 1ha Project or end of the Project performance period, whichever is earliar. Grou income that is earned by the Applicant from a State approved non-recreational use on on acquisition pmjnct. subsequent to taking tltle by the Applicant, must bc used by the Applicant for recreational purposes at the Project. * 5. 1. The Applicant may urtilatwally rescind this agreement at any time piior to the commoncemmt of tho Projact. After .Piojcct mmmoncement thiskgrrmnent may bo rescinded, modified or nmonded by mutual agreement in writing. 2. Failure by the Applicant to comply with tho tcrtnsof rhis aDrcament or aliybther agreement tindcr.tho Act may bo couso lor suspension of all oltligatiocis of the State hercurider. Failuro of thn Applicant to comply rvicli the terms of this rigreeinont sli*ll no1 Lm CJOW for t1:r strsprtision of RII obliQcltitws of tliu State hcrcuirdwr if in the jitclgnieiil G; 1110 Slr\te such f&\uta was L~UR to nu fault of llio q~~>Ih:?i~t. In svrh case, any aniount rnquircd ICI sottte at mtiiiinunl cost any irrovocnblo oldigntions proporly iiwurrecl s11.iIl be cli@le for tairnbursumsnt uiitlcr this ngreomerit. 3. .. I. 3 ;' I . .. - .. . i - -- c . A, ' n agrtreiriortt, is tlic prcrcrvation, :rrotc!ction and oi*l iiicrcau? iri thn qiiimtity niid clcinlity of I~eaclics, parks. pul>lic 3) outdoor rrccruation facilities arid historical resources avitilatdc to the ~ieoplu of tlie Stat6 of Cnlifortria arid ti~cairsa such Imnef it exceeds to nri irwwasuroble nnd unascertainable extoit tho arriouot of- inoney furnished by the State by way of qarit moneys under the.terms of thisiigrcenicrit, the Applicnnt ayrces that payment by tlie Applicarit to ttia Stuto of an arnount cqunl to thn ainotint of thc grant rnoileys c1i~bttts~:cJ iindcr this itgrecmcnt by the State would be In;wlriquate compensation to the Stare for arty brcach by tttc Al>plicai>t of this opcmsnl. The ayldicnnt fui-ther sgrees therefore, that the oppropriato remedy in the cvent of n breach by the Applicant of this agrccrnont shall bo the specific porforrnance of thls egreement. * . ' .. .F. Hold Harmless ** 1. Applicant hereby waives all claitns and recourse qain'lt the Stab including tho ri&t lo contriburh for loss or dornege to parsons or property arising from, Orowing out of or in any way connected with or incident to this wjrcemant c!xcept claims arisinn from the concurrpnt or solc negligenco of State, its officers, agents, and employees. G. H. 1. 2. Applicant shall indemnify, Iiold harmless and defend State. its officers, agunts and employees uyainst any and a11 . . claims, damands, damages, costs, expenses or liability costs arising out of tho acquisition, rlrveloprnent. constriiction, operation or maintenance of the property described as the Project which claims, clc*mands or causes of action arise under Government Code Section 895.2 or otherwise except for liability iiiising out of the coricurrrrit or sole negli~snca of State, its officers, agents, or employees. In the event State is named as codefendant undrv the provisions of Government Code Sxtioii 895 rt seq., the 'Applicaiit shall notify State of such fact and shall reprcsent State in tlie Irgal action unles State uridcrtakes to represent itself as codefendaiit in such legal action in which went Stale shall bear its own litigation costs. expi'rrses. and attorney's fees. / .. 3. . 4. In tho event of judgment entered against Sta;e ai~l Applicant becauze of the cortctrrrerit ncyligerw? o! State arid Applicant, their officers. agents, or employeas, art apportionment of liahility to pay suLh jdgmerit shall lit. m:iJr by a court of competent jurisdiction. Neither party shall request a jury apportion*neiit. Financial Records 1. The Applicant shall maintain satisfactqry financial accounts, documents and record; for tlis Project and shall make them available to thestate for alditirig at reasonabl.e.times. Such accounts, documents and rtsorcls shall be relairled by the Applicant for three years following project tcrmioation or completion. During regular office hours each of the parties hereto and their d~ly airthorizd rcpieimtativesshall 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. Applicant shsll maintain and make aJailJble for inspection by State accurate records of all of its coits, disbursements and receipts with respect to its activities under this sgrwment. * .. 2. The Applicant may use any generally accepted accounting-system provided such system meets the ;ninimum requirements as may be estdblishsd by Stare. Use of Facilities 1. The property acquired or developed with grant moneys under tbis agreement shall be used hy the Applicant only for the purpose for which the State Grant niuneys were requested and no other use of the area shall be permitted except by specific act of the iegislaure. The Applicant shall without cost to State operate and maintain the property acquired or developed pursuant IO this aorcement in the manner and according to the standards acceptable to State. .. .. 2. Nondisciimination 1. Tha Applian? shall rn? Sistihninata cy Gst onype.:xm on ;he bc:ij of sex, e~. CC!~:, *2:blid or;&n, ir(io, :ii:iyhii, ancestry. or physical handicap in the so of any property or facility acquired or dsveloped pursuant 10 this agreement. The Applicarit shall riot discriminate against any person on the basis of residence except to the extent that reasonable diffcrcncor lii adinisrion or other fees niay bo maintained on thc bbi5 of rcsiclence and pursuant to law. I. 1. .. 4 I. .7' ..- I' . L fl- . STATE, WhdAN, AND COASTAL PARK 130ND ACT OF 1976 Project Agretunhnl Spocial Provisions -*. . .. .. . .. .. 1. I . General Provigions .. ..' .. A. Definitions ., .I 1. The term '%tote" 8s used herein means the California State Department of Parks and Recreation. 2. Thc term "Act" as tired heroin means the State, Urban, and Coastal Park Bond Act of 1976 as amended. 3. 4. , The term "Project" as used herein means the project which i: described on page 1 of this ageemrtnt. The term "Applicant" as used herein mCam the party described as opplicar,i on page 1 of this agreerrynt. B. Project Execution 1. Subject to the avaifabili:y of grant moneys in the Act, the State heraby grants to the Applicant B ruin of monay (grant moneys] not to exceed the amount stated on page 1 in considrration of and on condi?ion that ths rch he expends! in carwing out the purpoies as set forth in the Description of Project on page 1 and under tho tams and conditio:is set forth in this agreement. Applicant egreer to essiime any abligatlon to furnish any additional funds that may ba necessary to complete the project. Any modification or alteration in the pioject as set forth in the apptication on file with the Ststc nuit be ntbmitted.to the Srate for approval. The Applicant agrees to complete the Project in accordance-with the time of project performance set forth on prje 1, and under the terms and conditions of this agreement. *. 2. 3. If the Project includes development, the development plans and specifications shall be reviewed and epproved by the State. 8 The Applicant shall secure cornplation of the development wcrk in sccordance with the' approved development plans and specifications or Forcs Account Schedule. . 4. 6. The Appficent shall permit periodic site visits by the State to determine if development work is in .accordance with the approved plans end specifications or Force Account Schedule. including e final inspection upon Project completion. All significant deviations from the Project shall be submitted to the State for prior approval. It the project includes acquisition of red property, the purchsse price shall be the fair market value of such property as established by the Applicant's approved appraisal of such property which hsr olso bsen opproved by Stato or the amotint cFtablirhed as compensation by a nonstipulatd finat judgment in an eminent domain proceding. The approved spprnird report (praparod In accordance with Government Code Section 7287 to 7207.7 Inclusive) i:sed to ortablirh the fair market vsluo or cornperiration shall bs furnished to Stab for rwiew and npprovnl. Avplicnnt nnr-ur 10 furnish St.l!a additional rtlpportivu opprnirjt material or justification DE lnay be requiistad. by State. Applicant ogrees to furniA1 Stata prulimlnwy titlu mports rrspeclino such rad prcy,erty or sc;ch cdior ovltlenca of ti!lrt which it dcterminad to bu sufficiont tJy Stab. Applicant ni)r~*es in nrUotiatod puich~~ds 10 corrtUl prior to or ill thH close of escrow nny dofccts of title which in the oplnlon of State rniplit interfvro with tlw operation of 1110 f'rojsct. In condoniliation ticlions such title dbfkts must be oliminalud by the final Judgment. . 6. . . 7. , 8. Applirant In Rcquirinu real property. the cost of wliicli is 10 be rdmbursd with (liaqt moneys utder this ylrermerit, shall comply with Chirptor 1G (commsnclng with Section 7260) of Oivirlon 7 of 7itLe-l of tho Government Code and my spplicable fodcrat, Ltntt), or tocd laws nr ordinances. Docummiation of such compliance will bo nwcla wuilalila f?r rovirw by the State upon iryuott. .