HomeMy WebLinkAboutBatiquitos Lagoon Foundation; 2018-10-30;0cityof
Carlsbad
Office of the Mayor
October 26, 2018
Mr. Fred Sandquist
President
Batiquitos Lagoon Foundation
PO Box 130491
Carlsbad, CA 92013-0491
SUBJECT: AGP 18-03 -BATIQUITOS LAGOON FOUNDATION AGRICULTURAL CONVERSION
MITIGATION FEE GRANT FUNDING AGREEMENT
Dear Mr. Sandquist,
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 forty-nine thousand eight hundred ninety-three dollars
($49,893} in Agricultural Conversion Mitigation Fee Grant funding. The funding is awarded for
Agricultural Conversion Mitigation Fee Grant Project (AGP) AGP 18-03 (Batiquitos Lagoon
North Shore Restoration Project), for a multi-phased wetland, riparian and coastal sage scrub
habitat restoration project within the Batiquitos Lagoon Ecological Reserve (BLER), located on
the north shore of the BLER, between the railroad tracks and Highway 5. The project includes
replacing invasive eucalyptus and palm trees with Torrey Pine trees and other native California
coastal trees to create better nesting, roosting and foraging habitat for native birds and to
remove and replace invasive plants with native plants. The restoration project will include the
removal of dead plant material that poses a significant fire hazard. The restored area will also
help control erosion and improve slope stability. 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 $49,893 in
grant funding from the Agricultural Conversion Mitigation Fee Grant Fund for a multi-phased
wetland, riparian and coastal sage scrub habitat restoration project within the Batiquitos
Lagoon Ecological Reserve (BLER), located on the north shore of the BLER, between the railroad
tracks and Highway 5. The project includes replacing invasive eucalyptus and palm trees with
Torrey Pine trees and other native California coastal trees to create better nesting, roosting
and foraging habitat for native birds and to remove and replace invasive plants with native
plants. The restoration project will include the removal of dead plant material that poses a
significant fire hazard. The restored area will also help control erosion and improve slope
CA 10/2018
AGP 18-03 -BATIQUITOS LAGOON FOUNDATION AGRICULTURAL CONVERSION MITIGATION
FEE GRANT FUNDING AGREEMENT
October 26, 2018
Pa e 2
stability. Since the project is expected to be completed within one and a half years, 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 costs
and completion dates for those portions of the grant to be funded with the $49,893 of
awarded grant funding.
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.
· CA 10/2018
AGP 18-03-BATIQUITOS LAGOON FOUNDATION AGRICULTURAL CONVERSION MITIGATION
FEE GRANT FUNDING AGREEMENT
October 26, 2018
Pa e 3
For Grantee:
Batiquitos Lagoon Foundation
Attn: Fred Sandquist, President
P.O. Box 130491
Carlsbad, CA 92013-0491
Email: president@batiguitosfoundation.org
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.
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 18-03-BATIQUITOS LAGOON FOUNDATION 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:
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CITY OF CARLSB~
By:~~
MattU, Mayor
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(Name/Titl ) /
Date: __ /_0_·-~3.__0_--_{ b~· "-----
By: ____________ _
(signature) ATTEST:
(Name/Title)
Date: ¢£, OC-1 ~ & / c(
(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.)
(ff signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM: ::~l~t~
Assistant City Atto7riev
CA 10/2018