HomeMy WebLinkAbout2012-04-10; City Council; 20861; Boys & Girls Club Matching GrantCITY OF CARLSBAD - AGENDA BILL
20,861 AB#
MTG. 4/10/12
DEPT. FIN
BOYS AND GIRLS CLUB
MATCHING GRANT
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2012-082 . approving the attached agreement between the Boys and
Girls Ciub and the City of Carlsbad and disburse the $200,000 in matching grant funds.
ITEM EXPLANATION:
In June of 2011, during the Fiscal Year 2011-12 budget process, the City Council provided for up to
$200,000 in funding to the Boys and Girls Club. There was a requirement that the funding wouid be
provided at a 4:1 match. This meant that the Boys and Girls Club would have to raise $800,000 in
funding to receive the entire $200,000 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.
FISCAL IMPACT:
$200,000 of funds have been set aside for this purpose in the General Fund.
ENVIRONMENTAL IMPACT:
None.
EXHIBITS:
1. Resolution No. 2012-082 approving an agreement with the Boys and Girls Club
2. Agreement between the City of Carlsbad and the Boys and Girls Club
DEPARTMENT CONTACT: Chuck McBride 760-602-2430 chuck.mcbride(gcarlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED •
Exhibit 1
1 RESOLUTION NO. 2012-082
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING AN
^ AGREEMENT WITH THE BOYS AND GIRLS CLUB AND
4 DISBURSING MATCHING GRANT FUNDS
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WHEREAS, City Council approved $200,000 in matching grant funding in June of
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2011, as part of the Fiscal Year 2011-12 budget process;
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WHEREAS, the City Council required the Boys and Girls Club to raise four times
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g the amount of the grant; and
10 WHEREAS, the Boys and Girls Club is obligated to submit documentation to the
11 Finance Department verifying that they have raised the $800,000, or increments
12 thereof, required to receive the matching funding.
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.
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19 3. That the Finance Director is authorized to disburse quarterly payments, up
20 to a maximum of $200,000, in matching grant funding to the Boys and Girls Club upon
2^ verification of matching funds.
2. That the Mayor is authorized to enter into an agreement with the Boys and
Girls Club.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the 10^^ day of April, 2012, by the following vote to wit:
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AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
LORRAINE/M. WOOD, City Clerk
(SEAL) ..<SB%'>.,
17 ^^^-.^v-:;:
GRANT AGREEMENT
AND
RELATED RESTRICTIVE COVENANTS
THIS AGREEMENT is made on the /O"^ day of ^pr JL 2012, by
BOYS AND GIRLS CLUB OF CARLSBAD, a Califomia honprofit corporation,
hereinafter referred to as "the Grantee", and THE CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "the City".
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 two hundred thousand dollars ($200,000). 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 for property acquisition or construction costs.
3. Disbursements. The proceeds of the Grant shall be disbursed to the
Grantee in quarterly 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 every 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 $200,000. 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 for the delivery of future monies to Grantee.
4. Term. The term ofthis Agreement shall mean the period commencing on the
date ofthis Agreement and expiring on December 31, 2013. The term ofthis 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, 2011 and June 30, 2013 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);
(iii) Funds Raised for this project and not used to match any other City
Grant(s).
All evidence of Matching Funds must be submitted by June 30, 2013, 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 ifthe youth facility at Bressi Ranch is not built by June 30, 2013.
6. Accounting, Auditing and Reporting. Grantee shall permit the City to
inspect Grantees' accounting records upon forty-eight (48) 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, LLC
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 Girls 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 ofthe 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 92011
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 orjoint 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 No^rpfit Corporation
*By: :
By:
}dp. Grugel
Board President
(sgrugel@isidc.com)
CITY OF CARLSBAD, a municipal
corporation of the State of California
^By:
Mayor
ATTEST:
Richard Macgurn^ M
Vice President/Executive Secretary
(lorbm(gsbcglobal.net)
ORRAINE M. WOOD
City Clerk .S^'I^^SBAO
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
By:.
City Attorney
EXHIBIT"!"
LEGAL DESCRIPTION OF THE LAxND
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 ge** 52* 27" EAST 165.00 FEET; TH^CE 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 BEINO IN A NON-
TANGENT, 330,00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY. A RADIAL
LINE TO SAID CURVE BEARS NORTH 50* 5T 38" WEST; THENCE SOUTHWESTERLY
ALONG SAID SOUTHEASTERLY LINE AND THE ARC OF SAID CURVE, 41,86 FEET
THROUGH A CENTRAL ANGLE OF T 16' 04" TO TKE 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 I r 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 THROUOH
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 RIOHTS, 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
(0) oc EXHIBIT" \'
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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,
RETUN-NEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE SUCH WELLS OR
MINES WITHOUT, HOWEVER. THE RIOHT TO DRILL, MINE, STORE, EXPLORE OR
OPERATE THROUGH OR ENTER UPCH^ 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.
«4«ii>i.oc EXHIBIT*!"
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