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HomeMy WebLinkAbout2008-08-12; City Council; 19541; Boys and Girls Club Matching GrantCITY OF CARLSBAD - AGENDA BILL 1 AB# 19.541 MTG. 8/12/08 DEPT. FIN BOYS AND GIRLS CLUB MATCHING GRANT DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2008-231 approving the attached Agreement between the Boys and Girls Club and the City, of Carlsbad and disbursing the $500,000 in matching grant funds. ITEM EXPLANATION: In June of 2005, during the fiscal year 2006 budget process the City Council provided for up to $500,000 in funding to the Boys and Girls Club. There was a requirement that the funding would be provided at a 4:1 match. This meant that the Boys and Girls Club would have to raise $2 million in funding to receive the entire $500,000 from the City. According to the terms of the attached agreement, they can only use the funds for non-operational costs for the planned new Boys and Girls Club branch in the Bressi Ranch Development, located in the southeast quadrant of the City. The Boys and Girls Club has met this fundraising goal and has provided acceptable proof to the City of Carlsbad Finance Department. FISCAL IMPACT: $500,000 of funds have been set aside for this purpose in the General Fund. ENVIRONMENTAL IMPACT: None EXHIBITS: 1. Resolution No. 2008-231 approving an agreement with the Boys and Girls Club 2. Agreement between the City of Carlsbad and the Boys and Girls Club DEPARTMENT CONTACT: Dawn Ortega 760-602-2430 dorte@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. ^ ^ COUNCIL ACTION:APPROVED DENIED CONTINUED WITHDRAWN AMENDED &nnn D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES nn D D Exhibit 1 1 RESOLUTION NO. 2008-231 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AN 3 AGREEMENT WITH THE BOYS AND GIRLS CLUB AND 4 DISBURSING MATCHING GRANT FUNDS 5 .. WHEREAS, City Council approved $500,000 in matching grant funding in June of 6 2005, as part of the fiscal year 2006 budget process; 7 WHEREAS, the City Council required the Boys and Girls Club to raise four times8 g the amount of the grant; and 10 WHEREAS, the Finance Department has verified that the Boys and Girls Club 11 raised the $2 million required to receive the matching funding. 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 13 Carlsbad, California, as follows: 14 1. That the above recitations are true and correct. 15 2. That the Mayor is authorized to enter into an agreement with the Boys and 16 Girls Club.17 18 3. That the Finance Director is authorized to disburse the $500,000 matching 19 grant funding to the Boys and Girls Club. 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of August, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall and Packard. NOES: None. ABSENT: Council Member Nygaard. LEWrsflflayor ATTEST: jZORRAfNlE M. V^O0D,'City CleVk(J /(SEALK Exhibit 2 GRANT AGREEMENT AND RELATED RESTRICTIVE COVENANTS THIS AGREEMENT is made on the /o?- day of Wbcu.^ 2008, by BOYS AND GIRLS CLUB OF CARLSBAD, a California Nonprofit corporation, hereinafter referred to as "the Grantee", and THE CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "the Cfty". 1. Description of Grant Funds. Subject to the terms and conditions set forth herein below, the City agrees to provide the Grantee with an amount of funds not to exceed five hundred thousand dollars ($500,000). The purpose of the grant is to provide funds to the Grantee for a youth facility within the Bressi Ranch Development located in the southeast quadrant of the City of Carlsbad, State of California. The Grantee shall submit to the City documentation to verify that expenditure of funds is consistent with this Agreement prior to the expenditure of funds. 2. Use of Proceeds. Grant proceeds shall be used solely for fixtures, furnishings and equipment and other non-operational costs ("Improvements"). The grant proceeds shall not be used tor property acquisition or construction costs. 3. Disbursements. The proceeds of the Grant shall be disbursed to the Grantee in annual installments upon receipt of a written request from the Grantee, which provides proof that the Grantee has met all of the conditions of funding and disbursement listed in Section 5. For each four dollars ($4) raised by the Grantee for the subject facility, the City will provide one dollar ($1) up to a maximum grant amount of $500,000. For purposes of this Grant, the term "Raised" means money actually received by Grantee, pursuant to Section 5 below, and does not include a pledge or promise tor the delivery of future monies to Grantee. 4. Term. The term of this Agreement shall mean the period commencing on the date of this Agreement and expiring on December 31,2008. The term of this Agreement may be extended by mutual written agreement of the parties, if determined necessary and appropriate, and as agreed to by both the City and Grantee. 5. Conditions of Funding and Disbursement. The City shall have no obligation to provide the grant proceeds or to make any subsequent disbursement of grant proceeds, if any of the following conditions are not satisfied at the time of such funding or disbursement: (a) Grantee shall have executed this Grant Agreement, and all other documents and security instruments required hereunder or reasonably necessary to effectuate the purposes hereof; and, (b) Grantee shall have strictly complied with, and performed under this Grant Agreement, and any other agreement executed in connection with the Grant; and, (c) Grantee shall have provided proof acceptable to the City's Finance Director that the Grantee has satisfied the matching funds requirement set forth within this Agreement. To be eligible as Matching Funds under this Agreement, the funds must have been received by the Grantee between June 21,2005 and June 30, 2008 at 5:00 P.M. to qualify for City Matching funds, funds Raised shall include: (i) Any funds received from a source other than the City of Carlsbad; (ii) Fundraising revenue (net of fundraising expenses); (Hi) Funds Raised for this project and not used to match any other City Grant(s). All evidence of Matching Funds must be submitted by July 1, 2008, in order to be eligible for these City Matching Funds. (d) Grantee shall refund to the City all of the funds provided by the City under this Agreement if the youth facility at Bressi Ranch is not built by June 30,2010. 6. Accounting, Auditing and Reporting. Grantee shall permit the City to inspect Grantees' accounting records upon forty-eight hours notice to Grantee during normal business hours, to verify use of the Grant Funds and to conduct an audit of the accounting records and expenditures, if the City deems that necessary. The Grantee shall provide reporting acceptable to the City's Finance Director that the Grantee has satisfied all of the requirements set forth in Section 5(c), above. 7. Covenant Against Discrimination. Grantee agrees that neither it nor its agents shall discriminate against any clients, prospective clients, employees, prospective employees, contractors, or prospective contractors on the basis of race, color, religion, sex, national origin, age, disability or familial status. 8. Second Right of Refusal to Purchase. The BRESSI GARDENLANE, LUC has a first right of refusal to purchase the Property (as further described in Exhibit 1 and attached herein) and Improvements of the Boys and Girts Club of Carlsbad youth facility located at 2730 Bressi Ranch Way, Carlsbad, CA 92010, if the Boys and Girls Club of Carlsbad should ever decide to sell the property and improvements. The Grantee hereby grants the City the second right of refusal to purchase the Property and Improvements located at 2730 Bressi Ranch Way, Carlsbad, CA 92010, at a price to be agreed upon, or upon the same terms and conditions as offered by a bona fide purchaser should the Grantee at any time wish to sell or otherwise transfer any interest in the Property and Improvements at a future date. Grantee is prohibited from selling or offering to sell the Improvements independent of the Property. (a) Notice to the City of Intention to Sell. Should Grantee at any time wish to sell or otherwise transfer any interest in the Property and Improvements, Grantee shall provide the City with written notice of its intention to sell the Property and improvements. Grantee shall permit the City or its designated agent to inspect the Property and Improvements upon reasonable notice. (b) Notice of Intention to Purchase. Upon receipt of the notice of Grantee's intention to sell the Property and Improvements, the City or its designated agent may exercise its second right of refusal to purchase the Property and Improvements by delivery to Grantee a written notice of the City's intention to purchase the Property and Improvements, within 30 days of receipt of notice of intention to sell. Thereafter, the parties shall commence negotiation of a purchase price. (c) Purchase Price. The City shall purchase the Property and Improvements for the purchase price agreed upon between Grantee and the City. If no price is agreed upon, the City shall retain the right to match any bona fide offer by a third party, which is acceptable to Grantee. 9. Notices. Except for any notice required under applicable law to be given in another manner, any notice to Grantee related to this Agreement shall be sent certified mail, return receipt requested or express delivery service with a delivery receipt, or personally delivered with a delivery receipt obtained, and shall be deemed to be effective as of the date shown of the delivery receipt as the date of delivery, the date delivery was refused, or the date the notice was returned as undeliverable. Notices shall be directed as follows: Grantee: Boys and Girls Club of Carlsbad City of Carlsbad: Attn: Executive Director Finance Director Post Office Box 913 1635 Faraday Avenue Carlsbad, Ca. 92018 Carlsbad CA 92009 The parties may subsequently change addresses by providing written notice of the change in address to the other parties in accordance with this Section. 10. Indemnification. Grantee hereby agrees to defend, indemnify, and save free and harmless the City and its officers and employees against any and all claims, damages, losses, cost (including by not limited to attorney's fees) and liabilities of any kind arising in any way whatsoever from the provision of Grant funds, from the construction of the subject youth facility, or from Grantee's ownership or operation of the facility. 11. No Partnership or Joint Venture. The relationship between City and Grantee is solely that of Grantor and Grantee. Under no circumstances shall Grantor and Grantee be deemed to be partners or joint venturers. 12. Modifications. This Agreement may not be modified or amended except by written document executed by a duly authorized officer of the City and the Grantee. 13. 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 County of San Diego. 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. 14. Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. 15. 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 IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year first written above. BOYS AND GIRLS CLUB OF CARLSBAD California ^pjn-profit Corporation sj <c~&JtL*By:_ David Kulchin Board President '•„ ^ Richard Macgum Vice President/Executive Seen (e-mail address) If required by City, proper notary acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. "Group A. Chairman, President, or Vice-President 'Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer (Remainder of Page Intentionally Left Blank) 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. APPROVED AS TO FORM: RONALD R. BALL, City Attorney ity Attorney EXHIBIT"!" LEGAL DESCRIPTION OF THE LAND PARCEL B AS SHOWN ON THE CERTIFICATE OF COMPLIANCE NO. ADJ 06-20, DATED JULY 2,2007 RECORDED JULY 16,2007 AS INSTRUMENT NO. 2007-472432 AND RE-RECORDED AUGUST 24, 2007 AS INSTRUMENT NO. 20070563781 BOTH OF OFFICIAL RECORDS, BEING A PORTION OF LOTS 4 AND 5 OF CARLSBAD TRACT CT-03, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14800 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 21, 2004, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 4, NORTH 86° 52' 27" EAST 118.90 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 03° 07 33" EAST 31.00 FEET; THENCE NORTH 86° 52' 27" EAST 165.00 FEET; THENCE SOUTH 03° OT 33" EAST 89.18 FEET; THENCE SOUTH 50° 03' 56" EAST 61.43 FEET TO A POINT IN THE NORTHWESTERLY RIGHT-OF-WAY OF BRESSI RANCH WAY WITH A VARIABLE WIDTH RIGHT-OF-WAY AS SHOWN ON SAID MAP NO. 14800, AND THE SOUTHEASTERLY LINE OF SAID LOT 5, SAID POINT ALSO BEING IN A NON- TANGENT, 330.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID CURVE BEARS NORTH 50° 57' 38" WEST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE AND THE ARC OF SAID CURVE, 41.86 FEET THROUGH A CENTRAL ANGLE OF 7° 16' 04" TO THE BEGINNING OF A 20.00 FOOT RADIUS, REVERSE CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO SAID CURVE BEARS SOUTH 58° 13' 42" EAST; THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, 25.99 FEET THROUGH A CENTRAL ANGLE OF 74° 26' 31" TO NORTHERLY RIGHT-OF-WAY OF PARADISE ROAD, 60.00 FEET IN WIDTH AS SHOWN ON SAID MAP NO. 14800, AND THE SOUTHERLY LINE OF SAID LOT 4; THENCE TANGENT FROM SAID CURVE, NORTH 73° 47' 11" WEST 22.57 FEET TO THE BEGINNING OF A TANGENT, 240.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 4 AND THE ARC OF WESTERLY LINE OF SAID LOT 4, NORTH 03° 07' 33" WEST 201.20 FEET TO THE SAID CURVE, 109.97 FEET THROUGH A CENTRAL ANGLE OF 26° 15' 11"; THENCE TANGENT FROM SAID CURVE, SOUTH 79° 57' 38" WEST 151.13 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT, NORTH 03° 07' 33" WEST A DISTANCE OF 201.20 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM THAT PORTION OF LOT 5, ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOW, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE S24j)i.oioc EXHIBIT"!" L5?.'S-(>4: 9-25-U? mrimrf -1 - SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH OR ENTER UPON THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND. AS RESERVED IN THE DEED RECORDED MAY 28, 2004, AS INSTRUMENT NO. 2004-0495514 OF OFFICIAL RECORDS. 1245.,4,-OC EXHIBIT T L53jS-04I<*-25-07.'mrCtof -2- /o CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of r\ TtegO Date personally appeared before me, } Here Insert Name and Title of the . Officer Name(s) of Signer(s) OFFICIAL SEAL I CYNTHIA E. CHANDLER * NOTARY PUBLIC-CALIFORNIA® COMM. NO. 1791758 ™ SAN DEGO COUNTY •MY COMM. EXP. FEB. 23,2012 I who proved to me on the basis of satisfactory evidence to be the person(s). whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/ohe/thcy' executed the same in his/fror/thoir authorized capacity(ies), and that by his/hor/thoir signature^) on the instrument the person(sft or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS ray hand and official seal. Signature. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Qjtd Signer(s) Other Than Named Above:DflMfcl Capacity(ies) Claimed by Signer(s) fLSigner's Name: D Individual V»P» > IV Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: iner Is Representing:fi f fitrIfe' fcUl RIGHT THUMBPRINT OF SIGNER Top of thumb here . Number of Pages:. fo' A'tJ <fy\|rtflfl/' 0T Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Date personally appeared Here Insert Name and Title r • Name{s) of Signer(s) - r, fUZABETH MACGIJRN) fll Con™«sion # 16 61S 9 6 < N ,, "j I j-jivii w i go f j ;jr) 'N ^j Notary Public - Californiam •* San Diego County '25,2010 who proved to me on the basis of satisfactory evidence to be the person($ whose nameO) is/ace subscribed to the within instrument and acknowledged to me that he/otio/thoy executed the same in his/he«4beir authorized capacity(i$6), and that by his/hor/thoh»signature(K) on the instrument the person^, or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though the information below /s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: C Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual •^. Corporate Officer — D Partner — D Limited D General D Attorney in Fact RIGHT THUMBPRINT] OF SIGNER Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact RIGHT THUMBPRINT OF SIGNER D Trustee D Guardian or Conservator D Other: Signer Is Representing: TSovarttSirteiCloto* «*V O^^SVSP 'it- Top of thumb here D Trustee D Guardian or Conservator n Other: Signer Is Representing: Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827