HomeMy WebLinkAbout1988-06-14; City Council; 9471; Three Party Agreement• OF CARLSBAD - AGENC ;BILL ' ' ^^
AB#_
MTG. 6/13/88
DEPT. MP
TITLE:
THREE PARTY AGREEMENT FOR THE
DEVELOPMENT OF THE BUENA VISTA
LAGOON VISITATION AREA
DEPT.
CITY ATTY\
CITY MGR.
O
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O
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RECOMMENDED ACTION: ri,, ._ AAdopt Resolution No-iffis" v\(J appropriating funds and approving an
agreement with the Buena Vista Lagoon Foundation, the California
Department of Fish and Game, and the City of Carlsbad for the
joint development of a nature visitation area at Buena Vista
Lagoon.
ITEM EXPLANATION:
The Buena Vista Lagoon is owned and administered by the State
Department of Fish and Game as an ecological reserve. The Buena
Vista Lagoon Foundation, a private, nonprofit organization,
assists in the preservation of the lagoon's wildlife habitat.
The Foundation has secured a $30,000 grant from the California
Department of Parks and Recreation to construct a nature
visitation area at the northwest corner of Marron Road and
Jefferson Street and has requested assistance from the City of
Carlsbad to administer the design and construction of the
facility.
The proposed nature visitation area will consist of a paved
driveway and parking lot for approximately twenty (20) vehicles,
landscaping, parking lot lights, park benches and trash
receptacles. Additional items such as walking paths and an
information kiosk may also be included at a later date under the
direction of the Foundation. Because of the close proximity of
the proposed visitation area to the Marron Road and Jefferson
Street intersection, a raised median must be constructed on
Jefferson Street east of Marron Road to ensure safe ingress and
egress. Additionally, new curb, gutter, and sidewalk will also
be installed on the north side of Jefferson Street from Marron
Road extending easterly of the proposed new visitation area.
Currently, a wide shoulder section of Jefferson Street just west
of the planned visitation area has functioned for years as an
informal pull off area for people observing and feeding the
wildlife. The new facility will significantly increase the
ffi public's safety in this area.
O.
% Several years ago, the City secured a $95,000 Transit Development
Act (TDA) grant from the San Diego Association of Governments
(SANDAG). This grant was designed to improve pedestrian and
bicyclist safety along the southern shore of the Lagoon which is
highly traveled. To date, no action has been taken on this
project. Staff recommends taking advantage of the opportunity at
this time to accomplish both the Buena Vista Lagoon Nature
Visitation Area project and the TDA bicycle safety improvements
simultaneously. Both projects are in the same area and can be
accomplished through one (1) design contract and constructed
together. Therefore, soliciting proposals for engineering design
Page 2 of Agenda Bill No.
services are recommended to include both projects.
The attached three (3) party agreement sets forth the roles and
responsibilities of the City, the Foundation, and the State of
California Department of Fish and Game with respect to the
proposed project. The City will take the lead in designing and
administering the construction of the facility with the
cooperation and input from the Buena Vista Lagoon Foundation and
State Fish and Game. The Foundation will immediately transfer to
the City upon receipt of the $30,000 State Parks Grant funds for
the project and will participate in the design of the facility.
State Fish and Game will undertake environmental review for the
project and secure necessary project permits. Staff recommends
approval of the attached agreement for the joint development of
the Nature Visitation Area.
The City will assume maintenance responsibility for the completed
facility, however, is considered to be limited to emptying trash
receptacles and occasional sweeping of the parking facility.
FISCAL IMPACT:
A preliminary project budget for the Buena Vista Lagoon Nature
Visitation Area is as follows:
Visitation Area Construction $30,000
Jefferson Street Improvements fronting
the Nature Visitation Area 15,000
Project Design and Surveying 10,000
Project Administration & Contingencies 5.000
$60,000
The recommended project funding is as follows:
California Dept. of Park & Recreation Grant $30,000
from the Buena Vista Lagoon Foundation
City contribution for Jefferson Street
safety improvements 30.000
$60,000
In accordance with the terms of the proposed agreement, State
Parks will forward the $30,000 grant funds to the Foundation upon
receipt of final project plans and specifications. These funds
in turn will be past from the Foundation to the City of Carlsbad
to be applied to the construction of the project. With respect
to the above referenced additional $30,000 City contribution,
staff recommends the City Council approve a funds transfer and
appropriate this amount from existing, available Traffic Safety
Project funds in Account No. 300-820-1840-3204. Therefore, the
Buena Vista Lagoon Nature Visitation Area project with
improvements to the Jefferson Street frontage can be accomplished
Page 3 of Agenda Bill No.
without additional contributions from the City's General Capital
Construction Fund unappropriated reserve.
The $95,000 TDA grant for the Jefferson Street pedestrian and
bicycle safety improvements is currently on deposit with the City
and appropriated in project Account No. 180-820-8105-3156. It
is estimated these funds are substantially in excess of the
anticipated costs required to perform minor widening and
restriping of Jefferson Street from 1-5 to Marron Road in order
to install the bicyclist safety improvements.
EXHIBITS;
1. Location Map
2. Resolution No. 88" I ^O appropriating funds and approving
a Joint Powers Agreement among the City, the Buena
Vista Lagoon Foundation, and the California Department
of Fish and Game.
3. Joint Powers Agreement.
4. Letter dated May 11, 1988 from C.T. Dolan of State Fish
and Game.
LOCATION MAP
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HIGHWAY
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SITE
BUENA VISTA
LAGOON
LEGEND
VISITATION AREA
PROJECT NAME
BUENA VISTA NATURE VISITATION AREA
VICINITY MAP
,•' i
PROJ. NO. I EXHIBIT
3304 I 1
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RESOLUTION NO. 88-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROPRIATING FUNDS AND APPROVING A JOINT
POWERS AGREEMENT AMONG THE CITY, THE BUENA VISTA LAGOON
FOUNDATION, AND THE CALIFORNIA DEPARTMENT OF FISH AND
GAME TO CONSTRUCT A NATURE VISITATION AREA
WHEREAS, the City Council of the City of Carlsbad, California
has determined it necessary, desirable, and in the public
interest to assist in the construction of a nature visitation
area at the Buena Vista Lagoon; and
WHEREAS, the City Council of the City of Carlsbad,
California, has determined it necessary, desirable and in the
public interest to utilize its resources and administrative
capabilities to expedite the project and further the mutual
interests of the City, the Buena Vista Lagoon Foundation, and the
State of California Department of Fish and Game; and
WHEREAS, the City, the California Department of Fish and
Game, and the Buena Vista Lagoon Foundation will together
cooperate under the terms of the Joint Powers Agreement to
construct the Buena Vista Lagoon Nature Visitation Area;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Joint Powers Agreement among the City of
Carlsbad, the California Department of Fish and Game, and the
Buena Vista Lagoon Foundation, hereto attached, is hereby
approved.
3. That the Mayor and City Clerk of the City of Carlsbad are
hereby authorized and directed to execute said Agreement for and
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hereby authorized and directed to execute said Agreement for and
on behalf of the City of Carlsbad.
4. That a funds transfer in the amount of $30,000 from
Account No. 300-820-1840-3204 and an additional appropriation of
$30,000, subject to reimbursement from the Bunea Vista Lagoon
Foundation as provided for in the Joint Powers Agreement, to
project account No. 300-820-1840-3304 is hereby approved.
5. That following the execution of said agreement by the
Mayor, the City Clerk is hereby authorized and directed to
forward copies of said agreement and this resolution to the Buena
Vista Lagoon Foundation and the State of California, Department
of Fish and Game, attention C.T. Dolan, 245 West Broadway, Suite
160, Long Beach, Califonria 90802 for execution by the State of
California. Following receipt of returned executed copies of the
agreement from the State, the City Clerk is further authorized
and directed to forward copies of the completed documents to the
Buena Vista Lagoon Foundation and the City's Municipal Projects
Department for reference and information.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 14th _ day of June ,
1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
CLAUDE A". LEWIS, "Mayor
ATTEST:
A
ALETHA L. RAUTENKRANZ, CityjClerk
(SEAL)
AN AGREEMENT AMONG THE CITY OF CARLSBAD,
THE BUENA VISTA LAGOON FOUNDATION, AND THE
STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME
TO CONSTRUCT AND MAINTAIN A VISITATION AREA AT THE
BUENA VISTA LAGOON
THIS JOINT POWERS AGREEMENT is entered into this day
of , 1988, among the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City," the BUENA VISTA
LAGOON FOUNDATION, a private non-profit organization, hereinafter
referred to as "Foundation," and the STATE OF CALIFORNIA
DEPARTMENT OF FISH AND GAME, hereinafter referred to as
"Department."
WITNESSETH;
WHEREAS, the Foundation has secured a grant from the State
of California, Department of Parks and Recreation, in the amount
of $30,000 to construct a visitation area on a parcel of land
located between the southeast corner of the Buena Vista Lagoon
hereinafter referred to as "Lagoon" and the intersection of
Jefferson Street and Marron Road; and
WHEREAS, said parcel of land has been conveyed to the State
of California under jurisdiction of the Department; and
WHEREAS, the City and the Foundation together desire to
provide safe access for the public to passively observe wildlife
in the Lagoon and the surrounding shore area; and
WHEREAS, the Department desires to increase public awareness
and appreciation of wildlife by providing access thereto; and
WHEREAS, the Department also desires to improve its own access
to the Lagoon for close observation and monitoring of native or
endangered wildlife; and
WHEREAS, it would be expedient for the Department and the
Foundation to utilize the City's resources and local
administrative capabilities to expedite the Project; and
WHEREAS, the Department, Foundation, and City, in an effort
to coordinate construction, have determined that it will be to
the mutual benefit of all parties to accomplish the Project
under City contract; and
WHEREAS, the Department and City are authorized to enter
into a Joint Powers Agreement pursuant to Government Code Section
6500 et seg.; and
WHEREAS, the Department, Foundation, and City desire to set
forth their respective rights and obligations concerning the
Proj ect;
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS
AGREED AS FOLLOWS:
1. The Foundation shall:
a. Name an authorized representative for the project.
b. Review the conceptual and preliminary project
drawings in order to provide suggestions for improving the
access, attractiveness, and public benefit of the project.
c. Forward to the State of California, Department of
Parks and Recreation, items specified by the Department of Parks
and Recreation, as the funding agency, in its Project Agreement
(Exhibit A, attached). Upon receipt of the grant disbursement or
portion thereof, the Foundation will immediately transmit said
grant funds to the City.
d. Provide volunteer labor as appropriate until the
landscaping is completed and established.
e. Provide volunteer assistance as appropriate in
clean-up of finished facility.
2. The Department shall:
a. Name an authorized representative for the Project.
b. Evaluate the project design for conformance to the
Negative Declaration that the Department has filed on this
project in accordance with the California Environmental Quality
Act (CEQA).
c. Obtain all non-City permits required to accomplish
the Project.
d. Department authorized representative to provide
City written approval of final construction plans and
specifications prior to advertisement for bids for the Project;
said approval shall be transmitted to City within thirty (30)
days following receipt of acceptable plans by Department.
e. Authorized representative shall have ten (10) days
of the project bid opening within which to provide the City
written notice of approval to award the contract. Failure to
provide written approval in said period shall be deemed approval
to award the contract.
3. The City shall:
a. Prepare and circulate for approval conceptual and
preliminary plans.
b. Obtain all City permits.
c. Prepare contract documents.
d. Assemble all documents necessary for bidding.
e. Advertise for bid.
f. Provide contract administration and construction
engineering for the Project.
g. Appropriate the funds necessary for project design,
construction, and administration. Project costs exceeding the
$30,000 grant as disbursed in l(c) above shall be the
responsibility of the City. Design and construction costs for
adjacent street right-of-way improvements shall be paid by the
City.
h. Furnish Department reproducible "as built" plans of
the Project and file a Notice of Completion for the Project.
i. Provide a final project accounting and report to the
Department and Foundation.
j. Maintain the site by picking up trash, emptying
trash cans, sweeping the parking lot of any debris, and cleaning
the runoff basin.
4. a. The facilities to be constructed under this
agreement include but are not limited to an asphalt driveway and
parking striped for approximately twenty (20) automobiles. The
paved area will be sloped to the corner nearest the lagoon. At
that location, a permanently maintained concrete sediment and oil
trap will be constructed to intercept site drainage runoff.
Removable and lockable pole barriers will be installed at the
west corner of the site for the exclusive use and access by
Department personnel.
The site will be landscaped with drought resistant
species. A berm and wood pole barrier shall be installed around
the parking lot to protect plants and wildlife on the remainder
of the site from unauthorized vehicle entry. A minimum of two
(2) park benches, three (3) trash receptacles, and two (2)
parking lot lights will also be installed. Additional amenity
items and an informational kiosk may be added as funding permits.
Apart from the above items, the City will construct by
its own funding sources additional improvements within the
Jefferson Street right-of-way. These items shall include but not
be limited to a raised concrete median, concrete curb, gutter,
sidewalk, and driveway apron. A bike lane will be established in
the road shoulder west of the visitation area.
5. The actual cost of constructing Project shall be
computed as follows:
(A) Actual preconstruction costs of:
(1) Design engineering
(2) Preparation of construction plans and
specifications
(B) Actual City cost of:
(1) Contract administration and
(2) Construction inspection
(C) Final construction cost based on contract unit
prices and actual quantities of items.
The portions of the above cost items (Al) and (C) above
that are attributable to street right-of-way improvements shall
be identified as the City's responsibility to fund.
6. City will maintain a complete and accurate record of
all expenditures made from project account, including
identification of the recipients and the purpose therefor. A
detailed financial accounting will be included in the final
project report from City to Foundation. Upon completion of the
Project, any unspent grant funds remaining in said account
following disbursement to City under Paragraph l(c) above and
final payment to contractor shall revert to the original funding
agency (State of California, Department of Parks and Recreation).
7. City shall retain all documents used to prepare
accounting reports throughout the term of this agreement and for
a period of three (3) years thereafter, and shall make same
available to the Department or the State Auditor General for
review upon reasonable request during said period.
8. During construction, City shall assign a qualified
inspector to the Project who will use his best effort to ensure
that construction is accomplished in accordance with the plans
and specifications.
9. City shall file a Notice of Completion for the Project
after final acceptance of the work.
10. Department shall, insofar as it may legally do so,
indemnify and hold harmless City and Foundation and their
officers and employees from any injuries, damage, or liability
arising from any errors, omissions, or negligence in Department's
performance of this agreement.
11. City shall, insofar as it may legally do so, indemnify
and hold harmless Department and Foundation and their its
officers and employees from any injuries, damage or liability
arising from any errors, omissions, or negligence in City's
performance of this agreement.
12. Foundation shall hold harmless Department and City and
its officers and employees from any injuries, damage or
liability arising from any errors, omissions, or negligence in
Foundation's performance of this agreement or negligence in the
Foundation's performance.
13. This agreement may be amended by mutual consent of the
parties hereto.
14. Unless extended by written amendment, the term of this
agreement shall commence on the date first above written and
continue through the date the Notice of Completion is filed or
until the State certifies in writing that the Project is complete
and that the City has satisfied its obligation, whichever occurs
first.
IN WITNESS WHEREOF, we have entered into this Joint Powers
Agreement on the day and year first above written.
APPROVED AS^TQ FORM:
1_
^ Biondo,vJi
City Attorney
OF? CARLS BAD:
s < '7
i
Claude A. Lewis,
Mayor
ATTEST:
Aletha L. Rautenkranz,
City Clerk
STATE OF CALIFORNIA,
DEPARTMENT OF FISH AND GAME
Contract Manager
BUENA VISTA LAGOON FOUNDATION
Ron Wootton,
President
8
St»t« of Ciliforni* - The Rtourc« A, 1
DEPARTMENT OF PARKS AND RECREATION
EXHIBIT A
PROJECT AGREEMENT
CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984
APPLICANT.Buena Vista Lagoon Foundation
PROJECT TITLE Duck Landing Restoration PROJECT NUMBER
PROJECT PERFORMANCE PERIOD Date of Appropriation to June 30. 19 90
84-N-37001
Under the terms and conditions of thu agreement, the applicant agrees to complete the project as described in the project
description, and the State of California, acting through its Director of Parks and Recreation pursuant to the California Park
Recreational Facilities Act o' 1984. agrees to fund the project up to the total state grant amount indicated.
and
PROJECT DESCRIPTION:
Restoration of a portion of the Buena Vista Lagoon shoreline for
public access and use and related improvements.
Total State Grant not to exceed $ 30/000
Buena Vista Lagoon Foundation
Signature of AuthotiWpvReprelentanve
Title Treasurer
Date
By
The General Provisions attached are made a part
of and are incorporated into the Agreement.
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By.
Date.
CERTIFICATION OF FUNDING
CONTRACT NUMBER
PROJECT NO.
84-N-37001
UNENCUMBERED BALANCE
S
AMOUNT OF THIS ESTIMATE
$30,000.00
FUND PARKLANDS FUND OF 1984
APPROPRIATION
ITEM f -
ADJ. INCREASING ENCUMBRANCE
$
ADJ. DECREASING ENCUMBRANCE
S
FUNCTION
CHAPTER STATUTES
1985
FISCAL YEAR
1985-86
LINE ITEM ALLOTMENT
1 hereby certify upon my own personal knowledge that budgeted funds
are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER
T.B.A. No.
DAT*
8.R No.
DPR 736 (3/85)
CALIFORNIA PARK & RECREATIONAL FACILITIES ACT OF 1984
Project Agreement
Specul Provisions
General Provisions
A. Definitions
1. The term "State" as used herein means the California State Department of Parks and Recreation.
2. The term "Act" as used herein means the California Park 4 Recreational Facilities Act of 1984.
3. The term "Project" as used herein means the project which is described on page 1 of this agreement.
4. The term "Applicant" as used herein means the party described as applicant on page 1 of this agreement.
B. Project Execution
1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Applicant a sum of money (grant
moneys) not to exceed the amount stated on page I in consideration of and on condition that the sum be expended in
carrying out the purposes as set forth in the Description of Project on page 1 and under the terms and conditions set
forth in this agreement.
Applicant agrees to assume any obligation to furnish any additional funds that may be necessary to complete the
project. Any modification or alteration in the project as set forth in the application on file with the State must be
submitted to the State for approval.
1. The Applicant agrees to complete the Project in accordance with the time of project performance set forth on page 1,
and under the terms and conditions of this agreement.
3. Development plans and specifications or Force Account Schedule shall be reviewed and approved by the State.
4. The Applicant shall secure completion of the development work in accordance with the approved development plans
and specifications or Force Account Schedule.
5. The Applicant shall permit periodic site visits by the State to determine if development work is in accordance with the
approved plans and specifications or Force Account Schedule, including a final inspection upon Project completion.
6. All significant deviations from the Project shall be submitted to the State for prior approval.
C. Project Costs
The Grant moneys to be provided Applicant under this agreement may be disbursed as follows:
1. State may disburse up io 10% of the State grant amount set forth on page 1 of this agreement upon full execution of
the agreement.
2. State may disburse up to 100% of the State grant amount set forth on page 1 of this agreement upon receipt and
approval by State of Applicant's plans and specifications or Force Account Schedule.
3. After approval by State of Applicant's plans and specifications or Force Account Schedule and after completion of the
Project or any phase or unit thereof, State may disburse to Applicant upon receipt and approval by State of a statement
of incurred costs from Applicant the amount of such approved incurred costs shown on such statement, not to exceed
the State grant amount set forth on page 1 of this agreement, or any remaining portion of such grant amount to the
extent of such statement.
The statements to be submitted by Applicant shall set forth in detail the incurred or estimated cost of work performed
or to be performed on development of the Project and whether performance will be by construction contract or by
force account. Statements shall not be submitted more frequently than ninety day periods unless otherwise requested
by State.
Modifications of the development plan and schedule must be approved by State prior to any deviation from the State
approved plan and schedule unless previously authorized by the State.
D. Project Administration
1. The Applicant shall promptly submit such reports as the State may request.
In any event Applicant shall provide State a report showing total final Project expenditures.
DPR 737 (3/85)
2. Property and facilities developed pursuant to this agreement shall be available for inspection by the State upon request.
3. The Applicant shall use any moneys advanced by the State under the terms of this agreement solely for the Project
herein described.
4. If grant moneys are adva'nced, the Applicant should place such moneys in a separate interest bearing account, setting up
and identifying such account prior to the advance, interest earned on grant moneys shall be used on the project or paid
to the State. If grant moneys are advanced and not expended, the unused portion of the grant shall be returned to the
State within 60 days of completion of the Project or end of the Project performance period, whichever is earlier.
5. Income earned by the Applicant from a State approved non-recreational use on a grant project shall be used for recre-
ational purposes at the grant project, or, if approved by the State, for recreational purposes within the Applicant's
jurisdiction.
E. Project Termination
1. The Applicant may unilaterally rescind this agreement at any time prior to the commencement of the Project. After
Project commencement this agreement may be rescinded, modified or amended by mutual agreement in writing.
2. Failure by the Applicant to comply with the terms of this agreement or any other agreement under the Act may be
cause for suspension of all obligations of the State hereunder.
3. Failure of the Applicant to comply with the terms of this agreement shall not be cause for the suspension of all obliga-
tions of the State hereunder if in the judgment of the State such failure was due to no fault of the Applicant. In such
case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible
for reimbursement under this agreement.
4. Because the benefit to be derived by the State, from the full compliance by the Applicant with the terms of this agree-
ment, is the preservation, protection and net increase in the quantity and quality of beaches, parks, public outdoor
recreation facilities and historical resources available to the people of the State of California and because such benefit
exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of grant
moneys under the terms of this agreement, the Applicant agrees that payment by the Applicant to the State of an
amount equal to the amount of the grant moneys disbursed under this agreement by the State would be inadequate
compensation to the State for any breach by the Applicant of this agreement. The applicant further agrees therefore,
that the appropriate remedy in the event of a breach by the Applicant of this agreement shall be the specific
performance of this agreement.
F. Hold Harmless
1. Applicant hereby waives all claims and recourse against the State including the right to contribution for loss or damage
to persons or property arisjng from, growing out of or in any way connected with or incident to this agreement except
claims arising from the concurrent or sole negligence of State, its officers, agents, and employees.
2. Applicant shall indemnify, hold harmless and defend State, its officers, agents and employees against any and all claims,
demands, damages, costs, expenses or liability costs arising out of the acquisition, development, construction, operation
or maintenance of the property described as the Project which claims, demands or causes of action arise under State
Law or otherwise except for liability arising out of the concurrent or sole negligence of State, its officers, agents, or
employees.
3. In the event State is named as codefendant, the Applicant shall notify State of such fact and shall represent State in the
legal action unless State undertakes to represent itself as codefendant in such legal action in which event State shall bear
its own litigation costs, expenses, and attorney's fees.
4. In the event of judgment entered against State and Applicant because of the concurrent negligence of State and Appli-
cant, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a
court of competent jurisdiction. Neither party shall request a jury apportionment.
G. Financial Records
1. The Applicant shall maintain satisfactory financial accounts, documents and records for the Project and shall make
them available to the State for auditing at reasonable times. Such accounts, documents and records shall be retained by
the Applicant for three years following project termination or completion.
During regular office hours each of the parties hereto and their duly authorized representatives shall have the right to
inspect and make copies of any books, records or reports of the other party pertaining to this agreement or matters
related thereto. Applicant shall maintain and make available for inspection by State accurate records of all of its costs,
disbursements and receipts with respect to its activities under this agreement.
2. The Applicant may use any generally accepted accounting system.
H. Use of Facilities
1. The property acquired or developed with grant moneys under this agreement shall be used by the Applicant only for
the purpose for which the State grant moneys were requested and no other use of the area shall be permitted except by
specific act of the Legislature.
2. The Applicant agrees to maintain and operate the property acquired or developed for a period commensurate with the
type of project and the proportion of State grant funds and local funds allocated to the capital costs of the project.
Nondiscrimination
1. The Applicant shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion,
ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this agreement.
2. The Applicant shall not discriminate against anv person on the basis of residence except to the extent that reasonable
differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this
project agreement.
SOCIETYP.O. BOX 480 OCEANSIDE, CA 92054
28 May 1988.
City Council
City of Carlsbad
Ave. Pio Pico
CArlsbad CA 92008
Honorable Council Members;
Carrillo Rch.
Arboretum
Buena Vista Audubon Society/yrepresenting over 1006
members in north county is vitally interested that
the Arboretum area be preserved in its natural state.
As you know, our chapter is embarking upon a teaching
program at our Nature Center beside Buena Vista lagoon.
This program encompasses natural history, ecology and
human relationship to the natural surroundings. We
are fortunate to have the lagoon's varied habitat as
a base for teaching, especially lower school children
in 4th -6th grades but in addition we need the example
Live-oak/Willow habitat that is the Arboretum property
to show the differences habitat makes in the animal and
plant and insect life as compared to the lagoon.
This land would be of inestimable value for our field
trips led for young and old alike.
In passing, a part of our program includes teaching
about biodegradab'lity and the need to keep the trash
from human presence out of the natural landscape.
We most earnestly ask that you protect the Arboretum
area with appropriate land use limita.tion^arrd open
space zoning. /^ •'"'</
David Roricf
PRes. BVAS