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HomeMy WebLinkAbout04-02-2019 Item 12 Report Paradise Creek Educational Park Unrecorded Grant Agreements_ P-0 /9-2 0 NOTE TO FILE 02-17-2020 IN THE MATTER OF: The Memorandum of Unrecorded Grant Agreement/Deed Restrictions between the City of National City and the State of California Natural Resources Agency regarding Paradise Creek Educational Park. Please note the following: NO ORIGINAL AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK. A COPY OF THE AGREEMENT IS ON FILE. ORIGINATING DEPARTMENT: _ CDC _ Housing & Economic Development _ City Attorney _ Human Resources _ City Manager _ MIS _ Community Svcs. _ Planning Police X Engineering/Public Works Finance Fire NTF Recording requested by, and when recorded, return to: State of California Natural Resources Agency Bonds & Grants 1416 Ninth Street, Suite 1311 Sacramento, CA 95814 DOC# 2019-0184539 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII May 16, 2019 08:28 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 23 Space above this line for Recorder's use MEMORANDUM OF UNRECORDED GRANT AGREEMENT/DEED RESTRICTIONS This Memorandum of Unrecorded Grant Agreement/Deed Restrictions (Memorandum), dated as of April 2ntl 2019, is recorded to provide notice of an agreement between the State of California, by and through the Natural Resources Agency ("Agency") and the City of National City. RECITALS • On or about April VI, 2015, Agency and Grantee entered into a certain Grant Agreement, Grant No. U59149-0 ("Grant"), pursuant to which Agency granted to Grantee certain funds for the acquisition or development of certain real property, more particularly described in attached Exhibit A and incorporated by reference (the "Real Property"). • Under the terms of the Grant, Agency reserved certain rights with respect to the Real Property. • Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain Agency reserved rights under the Grant. NOTICE • The Real Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. • The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State. • The Grantee shall not use or allow the use of any portion of the real property as security for any debt. • For additional terms and conditions of the Grant, reference should be made to the Grant Agreement, which is on file with the Natural Resources Agency, 1416 Ninth Street, Suite 1311, Sacramento, California 95814. STEP--) ERANTEE N UMATJGAN R1esen� ive): By: AGTnNEr C MANIA eeR. c,.-y o,„o,) (;a-issr p.sh lrj sslsaunt S&urs-+ary Ngk.,Yal 1esources Pryercy / A notary public or other officer completing this certificate verifies only the identity of the , . individual who signed the document to which this certificate is attached, and not the truthfulness, . accuracy, or validity of that document. ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO } } On May 15, 2019, before me, Michael R. Della, City Clerk, personally appeared STEPHEN MANGANIELLO, Acting City Manager for the City of National City, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS my hand and official seal. Signature n Michael R. Dalla/CMC, City Cler ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On 1--20 I personally appeared )'2 i) C 9 24 before me, Sonia A. Windtberg, Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sine/they executed the same in hislher/tNeir authorized capacity(es)and that by his/her/theirsignature(s) on the instrument the person(s)7 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. WITNESS my hand and official seal. Signature ( ;rWl.c/Or/ (Seal) SO COMM. CGMM.#22p8415 3 NOTARY PUBLIC •CALIFORNIA SACRAMENTO COUNTY Comm. Exp. AUG. 30, 2021 EXHIBIT "A" Legal Description MOUGA PARADISE CREEK PARK Portions of Blocks 45, 46, and 84, together with portions of 19th Street, 20`h Street, Coolidge Avenue, Hoover Avenue and portions of the alleys within said Blocks, all as shown on Map No. 348, Filed March 1852 in the Office of the County Recorder of San Diego County, more particularly described as follows: PARCEL1 COMMENCING at a lead and tag stamped "SD CITY ENG" per Record of Survey No. 14492, filed March 31, 1994 as File No. 1994-0214720, said monument being Point 1278 on said Record of Survey and bears South 01°54'18" West 2750.14 feet from a 2 1/2" brass disc in a standard well monument stamped "RCE 27399" being Point 1232 per said Record of Survey No. 14492; Thence North 08°07'16" West 657.90 feet to a point in the northerly right of way line of 22nd Street; Thence along the centerline of the closed alley in said Block 150, North 17°45'34" West 250.000 feet to a point on the southerly right of way line of 2151 Street; Thence along said southerly right of way line North 72°14'26" East 86.05 feet to the beginning of a tangent curve concave southerly and having a radius of 36.00 feet; Thence leaving said right of way line, along said curve easterly 13.23 feet through a central angle of 21°03'09" to a point of reverse curvature with a curve concave northwesterly having a radius of 84.00 feet, a radial line of said curve from said point bears North 03°17'35" East; Thence along said curve northerly 194.05 feet through a central angle of 132°21'46" to a point of reverse curvature with a curve concave northeasterly having a radius of 36.00 feet, a radial line of said curve from said point bears North 50°55'49" East; Thence along said curve northerly 13.38 feet through a central angle of 21°17'22" to a point on the easterly right of way line of Harding Avenue; Thence along said easterly right of way line North 17°46'49" West 250.70 feet to a point on the centerline of20th Street; Thence along said centerline North 72°13'55" East 143.03 feet; Thence leaving said centerline North 17°44'32" West 40.00 feet to a point on the northerly right of way line of 20'h Street; Thence along said northerly right of way line North 72°1355"East 2.00 feet; Thence North 17°44'32" West 150.37 feet to the northerly line of Lot 18 of said Block 109; Thence along said northerly line and its extension North 72°15'28" East 145.02 feet to a point on the centerline of Coolidge Avenue and the TRUE POINT OF BEGINNING; Thence North 72°19'21" East 7.42 feet; Thence South 72°11' 18" East 123.81 feet; Thence South 19°53'27" West 149.39 feet to a point on the centerline of 20t Street; Thence along said centerline North 72° 14'26" East 115.26 feet; Thence leaving said centerline North 19°44'16" East 52.25 feet; Thence North 18°14'23" East 172.78 feet; Thence North 23°36'04" East 37.08 feet; Thence North 26°50'07" East 113.93 feet; Thence North 37°25'28" East 70.03 feet to a point on the centerline of 19'h Street; Thence along said centerline South 72°15'28" West 25.42 feet; Thence leaving said centerline North 20°52'00" East 132.80 feet to a point in the westerly line of the alley in said Block 46; Thence along said westerly line North 17°46'09" West 86.22 feet to a point on the southerly line of Lot 4 of said Block 46; Ci>CI ;M,A1,4 u/ \do,.. Thence along said southerly line and its extension South 72° 14'48" West 195.00 feet to a point on the westerly line of Hoover Avenue; Thence along said westerly line South 17°46'09" East 189.96 feet to a point on the centerline of 19'h Street; Thence along said centerline South 72°15'30" West 290.00 feet to a point on the centerline of Coolidge Avenue; Thence along said centerline South 17°46'09" East 140.00 feet to the TRUE POINT OF BEGINNING. CONTAINING 2.48 Acres, more or less. SUBJECT TO all covenants, rights, right-of-way and easements of record. EXHIBIT "B" is attached and made a part hereto. 3/209 Peter C. Golding, PLS 4768 License Expires: 3-31-20 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT ON MARCH 21, 2019. PETER C. GOLDING FOUND 2 1/2" BRASS DISC IN WELL STAMPED "RCE 27399" / \ PT 1232 PER ROS 14492. / N=1, 824, 035.47 3/2)/r9 / \ �7 E=6,298,132.69 L.S. 4768 - 4NoJ \, - 18n-I ST. a � / BUS 110 / BLK 53 �1 N72'15'28"E 11 I I 145.02' I—BL}(-I43--I{ 18I }S 100 T.P.O.B. N 17'44'32 "W - 150.37' N72'13'55"E L3'\ 143.03'\ L2� 20TH ST rrTT�� o f BLK i 1 .0—I n N a I N505_5'49 "E(R) NO377'35 "E(R) 21ST ST.-7 LI C1 141 ti t/ �)// / 0 '-,� l FOUND LEAD & TAG STAMPED TOTAL PARCEL AREA I / "SD CITY ENG" PT. 1278 �p �(�yPARCEL 1 AREA = 2.48 ACRES P.O.C.PR ROS 14492. N=1,821,286.85 EXHIBIT E=6, 298, 041.27 BLK 84 B_K 5'5 1VAP 345 A BLK 107 A 22ND ST. BLK 85 J r-BLA5 BL}S 45 81 r L 97 B 77 SCALE 1"=200' N V 5 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 P: 858.385.0500 WWW.NV5.COM MOUGA PARADISE CREEK PARK NATIONAL CITY SHEET NUMBER 1 of 2 SHEETS PREPARED FOR: NATIONAL CITY DATE SUBMITTED: 3-21-19 J08 NUMBER 226817-0000241.03 N:\226817-0000241-03\CADD\SURVEY\241 _03_MOUGA_PLAT.DWG 'V SCALE 1"=80' 197H ST. BLK 83 S72'15'30"W 290.00' 00 ,c,• o PARCEL 1 in NATIONAL CITY • PARADISE CREEK PARK MOUGA MAP 348 T,P,O,B.-I S'> y 1 •8'- F 4 SL}t 84 20TH ST. 115.26' N72'I4'26"E h Lo7 4 S72'14'48"W 195.00' —� 03 v 4 0 Curve # Delta Radius Length Cl 21 '03'09 " 36.00 13.23 C2 132 21 '46 " 84.00 194.05 C3 21 '17'23" 36.00 13.38 LET 5 BLK 40 N20 52'00 "E 132.80' N3725'28'E 70.03' BLK 45 LINE BEARING LENGTH LI N72'14 26 E 86.05 L2 N17'44 32"W 40.00 L3 N727355 E 2.00 L4 N727921 E Z42 L5 NI9 44'16 E 52.25 L6 N2336'04'E 37.08 L7 572'15'28"W 25.42 NV5 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 P: 858,385,0500 VWW.NVS,COM MOUGA PARADISE CREEK PARK NATIONAL CITY SHEET NUMBER 2 OF 2 SHEETS PREPARED FOR: NATIONAI, CITY DATE SUBMITTED: 3.21-1B JOB NUMBER 226617-0000241.03 N:\226817-0000241-03\CADD\SURVEY\241_03_MOUGA_PLAT.DWG State of California Natural Resources Agency - GRANT AGREEMENT GRANTEE NAME: City of National City PROJECT TITLE: Paradise Creak Educational Park (Formerly Hoover Avenue Par''/Paradise Creek Walk) AUTHORITY: Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006 (Prop 84) PROGRAM: Urban Groaning Project Grants AGREEMENT NUMBER: U59149.0' TERM OF LAND TENURE: 20 years from dale of project completion as evidenced by Project Certification Form PROJECT PERFORMANCE PERIOD IS: April 1, 2015- December 1, 2017 Under tte terms and co Alticns of Otis agreement. Ito applicant agrees to complete the protect an decented In the project sccp3 denenbed in Eahitit A. and any subaenLent amendments, and the SLIM or Cardcrnia. acting through No Resources Agency pursuant to the Cprdomia Sale Cnnking Water, Water Cuafty and Supply, Flood Conlrcl. River and Coastal Protection Act of 2OC6, agrees to fund De project up to the scat state grant emoted Indicated. PROJECT DESCRIPTION: See project description on page 1 and Exhibit A of the Agreement Total Slate Grant not to exceed 5840,000.00 (or project costs, whichever Is less) The Special and General Provisions attached are made a part of and Incorporated into the Agreement. CITY OF NATIONAL CITY S�j�yj OF CALIFORNIA N•TUJi1R: ESOURCES AGENCY Leslie Deese Title City Manager Date 1-//Zo /If Title Date Cash eputy Assistant Secrets AMOUNT OF ESTIMATE AGREEMENT NUMBER V^, FUND FUNDING $840,000.00 U59149.0 6051 - Safe Drinking Water, Water Quality and B Coastal ProtectionoAct of 2006 od Control, River ADJ. INCREASING ENCUMBRANCE APPROPRIATION 5 0540-6051.001.2010-1 5'( ADJ. DECREASING ENCUMBRANCE FUNCTION 5 Local Assistance UNENCUMBERED BALANCE LINE(TEM ALLOTMENT CHAPTER STATUTE I FISCAL YEAR s 0540.6051 101 712 2010 10/11 T.B.A. NO. B.R. NO. INDEX OBJ. EXPEND PCA , PROJECT NUMBER 0540 751 30591 U59149 I heresy certify upon my personal knowledge that budgeted funds are available for this encumbrancce//� s/Y//SF S NATURE OF ACCOrINTING 0 DATE 'Ofontee,Npute: ProlOct *Me: AgioomOrit NumberthoJt • Prom:aim Awireement (11191.410-0 GRANT AGREEMENT State Ofeellfonite -.The Natural knout* AgefiC -.:Cityt;Afjklattorizil'Cl(y- Ottrodise Omek-kcluccilAnAl ai tmerly.11CiVitttilkiiiibbe FarliiiParbOlsti.; Crook:Walk:1 USi1464 .Safollirinkinct,liVgeraVoterAunlitytemi Supply, FloocrebntrokNiv.er iboastal•prOtectlepSoitil AotOf 2O6 • • .• • . . Oreentrivior;SustaicabletoreciciblbleepronqrogrArb PROJECT.OEStRIpliON ,,,. .. , .. .. .. . ,.. .,.. , ,„ , . ;,. , • txpend '.‘existtnEkcommtinityjilitacq.adjacontt•to:AcboOt,'Aite'and,placcgdAtovolciptiMht,'"C.Mato;A•• iafelti.MtO;Oisahoci,,t(itit,.,*litildlgarden••eind remptek:441ighlliCanflikiiitit-'01,34(dsebPe•for . ... blOMeate*dtativOitrjetitildif., . ' ' karitallcd.:PixijiiCt Voitipe'Abifittft.titlesi;projedtedhadble'ertdii,roloct:Etudget,t Yoliescribedibitd' .. . Allectiredbotikib,EithlbICA,• . ,. • ... • ... .... ,•.: .. ,. .:. .... , driiiftpif—iiikdkb.e.Olioli;e:-P*444.itimtwf4'erillanclodiltreaPW.PrAggeblishPrimilliWiti*(171i3rifec• .. . til'AC'btbac Joi:eit..bp:M:Ajibdiaboi,AillendAmpai:coppljiMitiAjibCACActb':, coblibbAkeberdbal, in bacOrdanc*MfitlitrihmpitzritiOrti:CoriitSittidinlbetirben?Oretting Itie-SkibborieClaltirrimiibilties:, .. , . 'ProntiRriti'grantantiftbletticorAtNit, • 1(ENNtS AlklbtailDitiONS;.6F:161!ANt pc.TOtiOgins ociti?oodel.(diriblIWAttturAAbabe,'ittwpaittiatittp •ihe OrAtitif ren lor SuatpitilziO,]Oomnititilties iqrent PrOgoim.:0(Atit 001001iii4" arid:Aftpliontlim • (Application; Atiidelleti34 Z1ZEN loOttort Acd number bGeigi-0 eball be •401orrakiedvbf•ithe 'State: "44.6cutrod?..Algnage 'Must beilrt Iiitici*.berdott 'foir . . . tonstryellonmilfibe,ttleased, . . . • • t4.,..1(i.‘Aritilttnilire00er;Cichbd.iStAtO's,bbligationiormikeirlyNobstroctlotyporilncti'cvaailable'.. Pursitai00.1ge'Agritiemiiiii,•Griantee'cliill'.firaprotilditi,:ovitiencettPdtimpilabbitOiltb.QAOY! 41anusW41'12016•,- • • Liptiocciiit•TilotiaMPtAticifailed.P(Oicefilcibign,-VictiAcc 0.Apeotticalicno;;GraritegAbell,Arovidet0- •.•Ibe State for review, And oppiOvAl-os. *.ttsbd.flotalted : Project ,litudstet,.„ Pitied :Sem:a:bpi lielitiAdtitelitati..ItProjACIinciiiilesibabitatitiSeicrptiOnbtiondepapliv,IGmbteeAlittljp(Avide" i'Piiii!Itiligi:talottd2bArriCtistratirigttittiteMtitivojcittv,*torg.,(AraubtitMesiotenCliAgetatl4":0111 Ie APpr&a(iby,ilioAciAMPAUcli. plans bilacipecificaons;';,6,r;AitAtliot ApprOvols.-irovidodiforltimii,Actiebtatil;:::61MIttheforAcopelAndmualitytKAS4iiiE0011'.(ibt.: 03110eiPitibioerof Itic 01461101c sittoirUptia0AMIttlefmthe-facilltles.mrcartyCkariftther- - ObligAtionO •rAijiilied.V.3111uAbrObirtont, In AtiicCitiiiArtboWith appflcab(e awotAby 'Clb0r ittoortards areinarily4ppliodlei:Abobwaik;orbOlNily... Pagel Agreement No. U69149.0 by 4. The Grantee may be Grant Agreement end agiving public notice hatquired to record Deed the Restrictions, G antee received Funds reference Fundsunder this Agreement in order to assist Grantee in developing the real property and that, In consideration for the receipt of the Grant Funds, the Grantee has agreed to the terms of this Agreement. General Provisions A. Definitions 1. The term Act" means Proposition 84, Safe Drinking Water, Water Quality and Supply, Flood Control. River end Coastal Protection Bond Act of 2008 . 2. The term "Acquisition" means obtaining a fee interest or any other Interest, Including easement, leases, and development rights. 3. Tho term"Agreement° means this Grant Agreement. 4. The term "Application" means the individual application form, its required attachments for grants pursuant to the enabling legislation andier program and any applicable materials supplied by applicant to the Natural Resources Agency prior to award. 5. The term "Application Guideline' means the CaliforniaUrbanGreening for Sustainable Communities Grant Program Grant Guidelines and Application. 6. The term 'Development' means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities. 7. The term "Fair Market Value° moans the value placed upon the properly as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS). 8. The term "Grant" or "Grant Funds" means the money provided by the State to the Grantee in this Agreement 9. The term, "Grant Agreement" means a contractual arrangement between the Slate and grantee specifying the payment of funds by the State for the performance of specific Urban Greening Project objectives within a apeci0c project performance period by the grantee. 10. The lams "Grantee" means an appitc'antwho has a signed agreement for Grant Funds. 11. The tens "Interpretation means; visitor -serving emanates that communicate the significance and value of natural, historical and cultural resources in a manner that Increases the understanding and enjoyment of these resources, or other similar activities. 12. The term "Other Sources of Funds" means cash or In -kind contributions that are required or used to comptele the urban greening project beyond the Grant Funds provided by this Agreement. 13. The term 'Payment Request Form' means Form RA212. 14. The term application es m"Prooect.' means the Acisition ordified led by ExhibitA to be accomplishevelopmenled with Grant Funds. described In the Page 2 Agreement No. U59149.0 16. The term °Project Budget" means the State approved cost estimate included as Exhibit A to this Agreement. 16. The term "Project Scope" means the description or activity far work to be accomplished by the Urban Greening Project. 17. The term "State" means the Secretary for Natural Resources or hisfher representatives, or other political subdivision of the State. B. Project Executlon 1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount slated on the signature page in consideration of and on condiiion that the sum be expended In carrying out the purposes es set forth In the description of Project in tins Agreement and its attachments and under the Terms and Conditions set forth In thls Agreement. 2. Grantee shall furnish any and all addttlonal funds that may bo necessary to complete the Project. 3. Grantee shall complete the Project in accordance with the Project Performance Period set forth on the signature page, unless en extension has bean formally granted by the Slate and under the Terms and Conditions of this Agreement. Extensions may be requested In advance and wilt be considered by State, at sole discretion, In the event of circumstances beyond the control of the Grantee, but In no event beyond May 1, 2019. 4. Grantee shall at at times ensure that Project complies with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with section 21000, et. seq., Cal Code Regs tit. 14, section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary permits. Grant Funds will not be disbursed before the close of the period for legal challenge under CEQA. Grant Funds for planning and document preparatton may be available sooner if included in the grant Project Scope (Exhibit A) and approved by the State. CEQA compliance shall be completed within one (1) year from the Grant Agreement start date, unless an extension Is granted by the Slate. Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meal all objectives of the Urban Greening for Sustainable Communities Grant Protrram end Is consistent with the Intent cited in the Original Application. lie grantees project Is disapproved on grounds related to the Natural Resource Agency's CEQA determination, the grantee shall have the option of either_ (1) reimbursing the Natural Resources Agency for all Stale-relmbursed preliminary costs (e.g., planning, design, etc.), or (2) relinquishing any ptanningfdosign documents, including all copies, reproductions, and variations resulting from said funding, without a license to use or otherwise retain In any form. 5. Projects must comply with Labor Code Section 1771.8 regarding the payment of prevailing wages and the labor compliance program as outlined in the Labor Code Section 1771.5 (b). 6. Grantee certifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and Page 3 Agreement No. U69149.0 disabled access laws. Grantee certifies that, prior to commencement of eenstrucllon, all applicable permits and tisanes (e.g., state contractor's license) will have been obtained. 7. Grantee real provide acme oSntidetermine ct work is In accordance with the appved Project Scope, Including finalpection upon Project completion. 13. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original Project Scope per Exhibit A and the Application. Changes In Project Scope must continue to meet the need cited in the original application or they will not be approved. Any modification or alteration In the Project as set forth In the Application on Ale with. the State must be submitted to the State for approval. Any modification or alteration In the Project must also comply with all current laws and regulations, Including but not limited to CEPA. O. Grantee shall provldo for public access andlor educational features where feasible. other 10 demonstrate to the satisfaction eof2the ) aState Ithat the ,proposed eProject Grantee must have (1) fee Project wirest to 1provide public benefits that are commensurate with the type and duration of the Interest in land. Any acquisition of Project lands by Grantee following award shall not Involve eminent domain proceedings or threat cif eminent domain proceedings. 11. Grantee shalt promptly provide photographs of the site during end after implementation of Project at the request of the State. C. Project Costs this ement ll be for ble 1 'costs, on a reimbGrant Fundsursement nl bass, as follows, rovided to Grantee rbut shall not exceed in any event the amount set forth on the signature page of this Agreement: a. Approved direct management coats or construction and Development costs, Up to ten percent (1O%) of the reimbursement amount will be held back and Issued as a final payment upon completion of the Protect. to the tal amount of b. Remaining actual Prof ct cosi, whichever Ie s less,id Pupon cothe completion of theProject, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a ails inspection by the State. 2. Payment Documentation: ent El. Alt This form mnt m must bets must be accompaniedbbytted using a an itemized is completed of tall expenditures ditu esgthattclearly documents the check numbers, dates, recipients, lino -item description as described in Me Project Budget approved by the State and amounts. Each payment request must also Include proof of payment such as receipts, paid Invoices, canceled checks or other forms of documentation demonstrating payment has been made. b. Any payment request that Is submitted without trequest lrequired acda itemizatione is Incomplete, and documentation will not be authorized. if the payment inadequate or Inaccurate, the Slate will infomi the Grantee and hold the payment request until all required Information is received or corrected. Any penalties Imposed on the Grantee by a contractor, or other consequence, because of delays In payment will be paid by the Granted and Is not reimbursable under this Agreement. Page 4 Agreement No. U50i49.0 3. Grant Funds in this award have a Reeled period In which they must be expended. Grantee expenditures funded by the State must occur within the time frame of he Project Performance Period as. Indicated in thls Agreement, 4. Except es otherwise provided herein, the Grantee shall expend Grant Funds In the manner descrlbed In the Exhibit A approved by the State. The total dollars of a category 1n the Project Budget may be Increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by the State. However, the Grantee shell notify the State In writing when any such reallocation is made, and shalt Identify both the item(e) being Increased and those being decreased. Any cumulative increase or decrease of more Than ten percent (le%) from the original budget in the amount of a category must be approved by the State. In any event, the total amount of the Grant Funds may not be increased, nor may any adjustments exceed the limits for management costs as described In the Application Guldel[nes. D. ProjectAdmintstration 1. Grantee shaft promptly provide Project reports endfor photographs upon request by the State. in any event Grantee shall provide the Slate a report showing total final Project expenditures with the final payment request and required closing documents. 2. Grantee ehall make property and facilities acquired or developed pursuant to this Agreement available for fnspecUon upon request by the State. 3. Grantee shall use any Income earned by the Grantee from use of the Protect to further Project purposes, or, If approved by the State, for related purposes within the jurisdiction. 4. Grantee shalt submit all documentation for Project completion, including a notice of completion as applicable end final reimbursement within ninety (90) days of Project completion, but in no event any later than pew 1, 2014, 6. Final payment is contingent upon. State verification that Protect Is consistent with Project Scope as described In Exhibit A, together with any State approved amendments, 6, Thls Agreement may be amended by rnuluel agreement In writing between Grantee and Stale. Any request by the Grantee for amendments must be In writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner end in no event less than sixty (60) days before the effective date of the proposed amendment. 7. Grantee must report to the State all sources of ether funds for the Project. E. Project Terminatton 1. Prior to the completion of Project construction, elther party may terminate this Agreement by providing the other party with thirty (30) days' written notice of such termination. The Stale may also terminate thls Grant Agreement for any reason at any time if it loarne of or otherwise discovers that there Is a violation of any state or federal law or policy by Grantee which affects performance of this or any other grant agreement or contract entered Into wlth the State. 2. If the Slate terminates without cause the Agreement prior to the end of the Project Performance Perlod, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non -cancelable obligations Incurred by the Grantee In the performance of Page 5 Agreement No. U59149.0 the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized In this Agreement. 3. 1f the Grantee falls to complete the Project In accordance with this Agreement, or falls to fulfill any other obligations of this Agreement prlor to the termination date, the Grantee shall be Itabie for Immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costa related to the Project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines It Is In the State's best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement. 4. Failure by the Grantee 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. 5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder 1f, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any Irrevocable obligations properly Incurred shag be eflglbleiar reimbursement under this Agreement. 6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, Is the preservation, enhancement or establishment of community green areas and spaces for 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 Stateby way of Grant Funds under the provisions of this Agreement. the Grantee agrees that. payment by the Grantee to the Slate of an amountequal to the amount of the Grant Funds disbursed under this Agreement by the State would be Inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shag be the specific performance of this Agreement, unless otherwise agreed to by the State. F. Hold Harmless 1. Grantee shall waive all claims and recourses against the State, including the right to contribution for Ions or damage to persons or property arising from, growing out of or in any way connected with or Incident to this Agreement, except claims arising from the gross negligence of State, Its officers, agents and employees. 2. Grantee shall Indomntfy, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims. dentande, damages, costs, expenses or liability costs arising out of the Project, Including Development, construction, operation or maintenance of the property described In the Project description which claims, dereends or causes of action arise under Government Code Section 6e52 or otherwise, including but not limited 10 items to which the Grantee has certified, except for liability arising out of the gross negligence of State, tie officers., agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which It has certified. 3. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents or employees„ an apportionment of liability to pay such judgment small be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. G. Financial Records Page 6 Agreement No. U50149.0 1. Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make them available to the State for auditing at reasonable limes. Grantee shall also retain such financial accounts, documents and records for three (3) years after final payment end one (1) year following an audit. 2. Grantee agrees that during regular office hours, the State and its duly authorized . representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts welt respect to Its activities under this Agreement. 3. Grantee shall use applicable. Generally Accepted Accounting Principles, unless otherwise agreed to by the State. H. Use of Facilities The real property (including any portion of It or any interest In It) may not be sold or transferred without the written approval of the State of Catifornta, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. 2. Grantee shall maintain, operate and use the Project In fulfillment of the purpose funded pursuant to this Grant for a minimum of TWENTY (20) YEARS, consistent with the Land Tenure/Site Control requirements Included in the Application Guidelines, The Grantee, or the Grantee's successor in Interest In the property, may assign without novation the responsibility to malnteln and operate the property In accordance with this requirement only with the written approval of the Slate. Grantee may be excused from Its obilgatlons for operation and maintenance of the Project elle only upon the written approval of the State for goad cause. 'Good cause" Includes, but Is not Limited to, natural disasters that destroy Ole Project Improvements and render the Project obsolete orimpraoUcable to rebuild. 3. Grantee shall use the property for the purposes for which the Grant was made and shall make no other ass or seta or other disposition of the property. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement. 4. If the use of the properly is changed to a use that Is not permitted by the Agreement, or if the property iss sold or otherwise disposed of, at the State's sole discretion, an amount equal to (1) the amount of the Grant (2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposIt[on, whichever is greater, maybe reimbursed to the State. If the property sold or otherwise disposed of Is less than the entire Interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the Interest sold or otherwise disposed of, whichever Is greater, shall be reimbursed to the State. 5. The Grantee shalt not use or allow the use of any portion of the real property for mitigation without the written permission of the State. 5. The Grantee shall not use or allow the use of any portion of the real property as security for any debt. 1 Nondiscrimination Page 7 Agreement No. U89149.0 1. The Grantee shall not discriminate against any person on the bests of sex, race, Dolor, ancestry, religious creed, national origin, physical disability (including HIV and AiDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family gate leave In the use of any property or facility acquired or developed pursuant to this Agreement. n on basis of resIdence except to 2 ThtheaGrantee extent that treeson ball not ile difference in admissiscriminate against anyonrrorother f es may be maintained on the basis of residence and pursuant to law. S. The completed Project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act. J. Application incorporation The Grant Guidelines and the Application and any subsequent changes or additions to the Appliicment a approved oved Inttwriting br II tthe n eiState are hereby incorporated by reference into this K Severability If any provision of this Agreement or the application thereof is held invalid, that invatkiity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or. application, and to this and the provisions et this Agreement are severable, L. Waiver No term or provision hereof will be considered waNed by either party, and no breach excused by either early, unless such waiver or consent is In writing and signed on behalf of the party against either arty to, or. a breach either patty, whether expressed or Implied, wilt consm the waiver Is asserted, No consent titute co sent waiver to, waiver ofor{e excuse of any other, different or subsequent breach by either party. Ivy. Aselgnment • Except as expressly provided otherwise, this. Agreement is not assignable by the Grantee either in whole or in part. N. Disputes If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shalt first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the Issue cannot be resolved at this level, the Grantee shall follow the following procedures: 1. if the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, In writing, a grievance report together with any evidence to the Deputy Assistant Seoretary for Bonds and Grants for the Natural Resources Agency. The grievance report must state the Issues in the dispute, the legal authority, or other basis for the Grantee's position and the remedy sought. Within ten (10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue(s) and shall respond In writing to the Grantee Indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant Secretary's deoislon, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency. Page 8 Agreement No, 1.160140.0 2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary's decision Is unacceptable. The .letter must include, as an attachment, copies of the Grantee's original grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary. The Grantee's letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary's written decision. The Assistant Secretary or designee shall, within twenty (20) working days of receipt of Grantee's letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secrelaryor designee shall be final. 0. Audit Requirements Urban Greening projects are subject to audit by the State annually and for three (3) years following the final payment of Grant Funds. The audit shaft Include all books, papers, accounts, documents, or oilier records of the Grantee, as They relate to the Project for which the Grant Funds ware granted. Page EXHtDfi'A STATE OF CAL/FORMA NATURAL RESOURCES AGENCY GRANT AGREEMENT Urban Greening for Sustainable Communities Grant Program Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) Grantee Name: City of National City Project Title: Paradise Creak Educational Park Agreement Number: U59149.0 Project Scope: Expand existing community space adjacent to Klmbatl Elementary School and planned development; create a new safe route to achoot path. an edible community garden and remove a significant amount of hardscapo to create btoswaTos and a native vegetatton park. • Remove approximately 13,600 sq. ft, asphalt paving from Hoover Avenue and W. 19°i Street • Establish approximately 0.07 acres of native vegetation with temporary irrigation during Its establishment • install an educational native garden and approximately 600 foot long plant walk with interpretive elements explaining the site's unique salt flat and other habitats • Establish approximately 14,000 sq. ft. of decomposed granite nature trait along Paradise Creak • Establish a community garden for use by both the public and school children • Install a cistern to collect and recycle rain water • Construct a large water -quality bloswalo to retain and treat storm water runoff The public will be able to access the new park elements via new entry gateways Installed at W. 19v' Street (west end) and Hoover Avenue (north end) adjacent to the school. Project Schedule: Activity Description Timeline {Due bate) Obtain Notice to Proceed from State April 1, 2016 Submit countyyrecorded CEGA dots to State January 31, 2016 Submit final site desfgniplansfspeciflcattons to&tale June 30, 2016 Submit evidence of bond acknowledgment signage October 1, 2016 Award consiruation contract November 1, 2016 Mobilization, begin construction, restoration, and/or other key activities. December 1, 2016 File Notice or Completion with County October 1, 2017 Record MOUGAJOeed Restrictions Document, and Submit Protect Closeout package with final Payment Request le State• December 1, 2017 Agreement U59149.0 Exhibit A Page 2 COST ESTIMATE T BUDGET PrajectElsmenta r �fp. rl db l } Prop 84 Urban Greening Grant National City CIP (Local MatchP rat is $ IA. Project Management COB Project Managarneat(non-participating) S"4" k, NIA TBD fig} Y NIA TBD iU. PlanningiDesign, & Permitting i Environmental PermllitnglCEQA ` a ° + r i $75,000 Design (Site improvements, Manikin Pallets c # S5 r $125,000 Public Outreach �+ 4 lrr a $10.000 Subtotal Tasks IA & 113 (not to exceed 2536 Migrant) $210,000 2. Site Preparatlonr Genera! Conditions & Mobilization �+ t' r `'I 520,000 Clearing & Grubblog $35,000 Greet Q+r' r i r $40,000 Soil r e $21,000 Bio•relention Basin zrv�r rr o $20,000 Stnrmwater t?elinden Control $40,000 Subtotal Task 2 �*d �r 195¢i, $170,000 3.1Landsca.nglPlant Establishment' y§er, Trees r $7500 irrlgatian � � �+ ` $37,540 Transitional Uplands Plant x �'s,,. $. , `.` $17000 Bio•ratenti0n Basin Plante { �` `�' -. Subtotal Teak 3 $80000 4. Site Elements' Trails - OG Path. Walking Area t +'+'t r $28,300 Metal Ed•Mr :..s:. t:: $14075 Perm efableP0ret r> $85,i00 Cttrb5nd Guitar ` +�; :- Ai 25 _.. Benches r� xr,{i $5,100 Raised Beds, , r'r $45,000 Vermiculture and Compost Dine ''' 4 °i $1`600 Wrought Iron Fence +++1 $10,000 Wrought iron {late r ti' n r • 52,000 Cistemw/ pomp 0tr.` r $120,000 InterprallvelEducationel Strap*,5 1�r.�� r'2.' $30,000 Subtotal Teen ° 4r• q0 ... $327,950 5, Contingency (not to exceed 10% of grant) 'nor 840 $80,840 Grand Total + 800 $840,000 Notes:' Clty w08 provide project management services at its own expense • Only direct project related management costs supported by detailed time data will be eligible for relmbursontement. RESOLUTION NO. 2019 — 36 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AND APPROVING THE RECORDATION OF A MEMORANDUM OF UNRECORDED GRANT AGREEMENT/DEED RESTRICTIONS WITH THE STATE OF CALIFORNIA, BY AND THROUGH THE NATURAL RESOURCES AGENCY, FOR PARADISE CREEK EDUCATIONAL PARK, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID MEMORANDUM OF UNRECORDED GRANT AGREEMENT/DEED RESTRICTIONS WHEREAS, on November 5, 2013, per City Council Resolution No. 2013-168, the City Council authorized staff to submit an application for Proposition 84 Urban Greening for Sustainable Communities Grant Program funding for the Paradise Creek Educational Park Urban Greening Project, and authorized the City Manager to execute the grant agreement upon award; and WHEREAS, in April, 2015, the City Manager executed Grant Agreement No. U59149-0 with the California Natural Resources Agency (NRA) for the Project, effective April 1, 2015; and WHEREAS, on September 20, 2016, per City Council Resolution No. 2016-147, City Council awarded a contract to C.S. Legacy, Inc. for construction and the project was completed consistent with grant requirements and the Notice of Completion was signed by the Mayor on August 25, 2017; and WHEREAS, the State of California, by and through the NRA, is requesting that the City accept and record the Memorandum of Unrecorded Grant Agreement/Deed Restrictions (MOUGA) as required by Exhibit "A" of the executed Grant agreement and the MOUGA recognizes that the City's General Plan Identifies this site as a park and requires that the use remain consistent with the grant objective (park site) for a minimum of 20 years from the date of the execution of the Grant Agreement; and WHEREAS, the MOUGA restricts the use of the park site as mitigation and the use of the park site to secure any debt without the written approval of the State of California, acting through the NRA. 11, °AO AZ leja`f ira leiis, Mayor NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the adoption of a Resolution accepting and approving the recordation of a Memorandum of Unrecorded Grant Agreement/Deed Restrictions with the State of California for Paradise Creek Educational Park and authorizes the City Manager execute Resolution No. 2019 — 36 Page Two said Memorandum of Unrecorded Grant Agreement/Deed Restrictions. ATTES Michael R. ialla, City Clerk APPRSVED AS TO FORM: ris-Jones PASSED and ADOPTED this 2nd day of April, Passed and adopted by the Council of the City of National City, California, on April 2, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-36 of the City of National City, California, passed and adopted by the Council of said City on April 2, 2019. City Clerk of the City of National City, California By: RESOLUTION NO. 2019 — 36 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AND APPROVING THE RECORDATION OF A MEMORANDUM OF UNRECORDED GRANT AGREEMENT/DEED RESTRICTIONS WITH THE STATE OF CALIFORNIA, BY AND THROUGH THE NATURAL RESOURCES AGENCY, FOR PARADISE CREEK EDUCATIONAL PARK, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID MEMORANDUM OF UNRECORDED GRANT AGREEMENT/DEED RESTRICTIONS WHEREAS, on November 5, 2013, per City Council Resolution No. 2013-168, the City Council authorized staff to submit an application for Proposition 84 Urban Greening for Sustainable Communities Grant Program funding for the Paradise Creek Educational Park Urban Greening Project, and authorized the City Manager to execute the grant agreement upon award; and WHEREAS, in April, 2015, the City Manager executed Grant Agreement No. U59149-0 with the California Natural Resources Agency (NRA) for the Project, effective April 1, 2015; and WHEREAS, on September 20, 2016, per City Council Resolution No. 2016-147, City Council awarded a contract to C.S. Legacy, Inc. for construction and the project was completed consistent with grant requirements and the Notice of Completion was signed by the Mayor on August 25, 2017; and WHEREAS, the State of California, by and through the NRA, is requesting that the City accept and record the Memorandum of Unrecorded Grant Agreement/Deed Restrictions (MOUGA) as required by Exhibit "A" of the executed Grant agreement and the MOUGA recognizes that the City's General Plan identifies this site as a park and requires that the use remain consistent with the grant objective (park site) for a minimum of 20 years from the date of the execution of the Grant Agreement; and WHEREAS, the MOUGA restricts the use of the park site as mitigation and the use of the park site to secure any debt without the written approval of the State of California, acting through the NRA. Resolution No. 2019 — 36 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the adoption of a Resolution accepting and approving the recordation of a Memorandum of Unrecorded Grant Agreement/Deed Restrictions with the State of California for Paradise Creek Educational Park and authorizes the City Manager = execute said Memorandum of Unrecorded Grant Agreement/Deed Restrictions. PASSED and ADOPTED this 2nd day of April, 1 • leja . rra�.05' ATTES Michael R. Ylalla, City Clerk APPRSVED AS TO FORM: ris-Jones s, Mayor Passed and adopted by the Council of the City of National City, California, on April 2, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-36 of the City of National City, California, passed and adopted by the Council of said City on April 2, 2019. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2019 AGENDA ITEM NO. 12 EM TITLE: Resolution of the City Council of the City of National City accepting and approving the recordation of a Memorandum of Unrecorded Grant Agreement/Deed Restrictions with the State of California, by and through the Natural Resources Agency, for Paradise Creek Educational Park; and authorizing the City Manager to execute said Memorandum of Unrecorded Grant Agreement/Deed Restrictions. PREPARED BY: Carla Hutchinson PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorical Exception 15333; Small Habitat Restoration Project (filed with County Recorder on10/30/15) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution accepting and approving the recordation of a Memorandum of Unrecorded Grant Agreement/Deed Restrictions with the State of California for Paradise Creek Educational Park. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Grant Agreement No. U59149-0 3. Memorandum of Unrecorded Grant Agreement/Deed Restrictions 4. Resolution lie ;a f i p� l' .,, . P-o'1- 34, Explanation: On November 5, 2013, per City Council Resolution No. 2013-168, City Council authorized staff to submit an application for Proposition 84 Urban Greening for Sustainable Communities Grant Program funding for the Paradise Creek Educational Park Urban Greening Project, and authorized the City Manager to execute the grant agreement pending award. In April, 2015, the City Manager executed Grant Agreement No. U59149-0 with the California Natural Resources Agency (NRA) for the Project, effective April 1, 2015. See attached fully executed copy of the grant agreement. On September 20, 2016, per City Council Resolution No. 2016-147, City Council awarded a contract to C.S. Legacy, Inc. for construction. This project was completed consistent with grant requirements. The Notice of Completion was signed by the Mayor on August 25, 2017. The State of California, by and through the NRA, is requesting that the City accept and record the Memorandum of Unrecorded Grant Agreement/Deed Restrictions (MOUGA) as required by Exhibit "A" of the executed Grant agreement. The MOUGA recognizes that the City's General Plan identifies this site as a park and requires that the use remain consistent with the grant objective (park site) for a minimum of 20 years from the date of the execution of the Grant Agreement. In addition, the MOUGA restricts the use of the park site as mitigation and the use of the park site to secure any debt without the written approval of the State of California, acting through the NRA. GRANTEE NAME: PROJECT TITLE: AUTHORITY: PROGRAM: AGREEMENT NUMBER: TERM OF LAND TENURE: State of California Natural Resources Agency —GRANT AGREEMENT City of National City Paradise Creek Educational Park (formerly Hoover Avenue ParkdParadise Creek Walk) Safe Drinking Water,Water Quality and Supply, Flood Control, River and Coastal Protection Act of'2006 (Prop 84) Urban Greening Project Grants U59149-0 20 years from data of project completionasevidenced by Project Certification Form PROJECT PERFORMANCE PERIOD IS: April 1, 2015- December 1,,.2017 under ex, term, aM ceoditicns otitis egreement, tGent agreesleo:MAW the Paled esde=crZed in ale PfoInc, mope descntedm ENiLT A. and erg tacting loda�eSao Orinkfia Water, Water IMy ardSup*.Flood Control. Merand CoasalPrPadoeAsl22006. egress ter theotojeup to the total grant amount PROJECT DESCRIPTION: See project description on page 1 and Exhibit of the Agreement Total State Grant not to exceed 5840,000.00 (or project costs, whichever is less) The Special and General Provisions attachedare madeapart of and Incorporated Into the Agreement. CITY OFNATIONAL CITY OF CALIFORNIA N:T rESOURCESAGENCY By ---tk -� toile Deese Title Clty Manager Date A(/gip ,//..r AMOUNT OF ESTIMATE FUNDING $840,000.00 ADJ. INCREASING ENCUMBRANCE S ADJ. CECR£AS5 3 ENCUMBRANCE S• UNENCUMBERED BALANCE T.BA- NO. B:R. NO. Cash — Title eputy-Ass ntSecretary Date1\2 F) CERTIFICATION OF FUNDING AGREEMENT NUMBER U59149-0 APPROPRIATION 0540.6051 001-201040 ( FUNCTION Local Assistance LINE TTEt.IALLOTAIENT 0540-6051.101 FUND 6051-Safe DrfnidngWater, Water Quality and Supply. Flood Control, River and Coastal Protection Act of 2006. (Prop 84) CHAPTER STATUTE FISCAL YEAR 712 04D0t QSJ. EXPEND PCA 751 30591 0540 2010 PROJECT NUMBER U59149 10111 I her oohy certify upon my personal knowledge that budgeted funds are available for this encumbrance 7/3 sS,r,✓t RE DATE S)GNAT RE OF AC NG O GE 77 -7- Agreement No. U59149-0 GRANT AGREEMENT State of California • The Natural Resources Agency Grantee Name: City of National City Project Title: Paradise Creek Educational Park (formerly Hoover Avenue Park/Paradise Creek Walk) Agreement Number. U59149-0 Authority: Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection:Bond Act of 2006 — Proposition 84 Program: Urban Greening for Sustainable Communities Grant Program PROJECT DESCRIPTION Expand existing community space adjacent to school site and planned development; create a safe route to School path,edible garden and remove a significant amount of hardscape for bioswale and native vegetation. A detailed Project Scope and activities, project schedule and Project Budget are described and attached hereto as Exhibit A. Grant Funds are to be used to preserve, enhance, increase or establish community green areas such as urban forest, open spaces, wetlands and community spaces (e.g., community gardens), in accordance with the: provisions contained in.the Urban Greening for Sustainable Communities Grant Program and this Agreement TERMS AND CONDITIONS OF GRANT Special Provisions 1. 'Recipients of Grant Funds shall post signs acknowledging the source of the funds pursuant to the California Urban Greening for Sustainable Communities Grant Program Grant Guidelines and Application (Application Guidelines). Size, location and number of signs shall be determined by the State. Required signage must be in place 'before Grant Funds for construction will be released. 2. As conditions precedent to the State's obligation to make any construction funding available pursuant to this Agreement, Grantee shall first provide evidence of compliance with CEQA by January 31, 2016, 3. Upon completion of detailed Project design, plans: and specifications, Grantee shall provide to the State for review and approval a revised detailed Project Budget, Project Scope and 'detailed site plan, If Project includeshabitat restoration or landscaping, Grantee shall provide a planting palette demonstrating how native, low-water, drought -resistant vegetation will be used in the Project. Approval by the State of such plans and specifications, or any other approvals provided for in this Agreement shall be for scope and quality of work and shall not relieve Grantee of the obligation to construct and maintain the facilities, or carry out any other obligations regquired-bythis Agreement, in accordance With applicable law or any other standards ordinarily appliedto such work or activity: Page 1 Agreement No. U59149-0 4. The Grantee may be required to record Deed Restrictions, incorporating by reference this Grant Agreement and giving public notice that the Grantee received Funds under this Agreement in order to assist Grantee In developing the real property and that, in consideration for the receipt of the Grant Funds, the Grantee has agreed to the terms of this Agreement. General Provisions A. Definitions 1. The term "Act" means Proposition 84, Safe Drinking Water. Water Quality and Supply, Rood Control. River and Coastal Protection Bond Act of 2006 . 2. The term "Acquisition" means obtaining a fee interest or any other interest, Including easement, leases, and development fights. 3. The term "Agreement' means this Grant Agreement. 4. The term °Application' means the individual application form, its required attachments for grants pursuant to the enabling legislation and/or program and any applicable materials supplied by applicant to the Natural Resources Agency prior to award. 5. The term 'Application Guidelines' means the California Urban Greening for Sustainable Communities Grant Program Grant Guidelines and Application. 6. The m protection and int erpretation sre span enment, rsehabilitation, a tlon, restoration, enhancement, preservation, s. 7. The term "Fair Market Value° means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS). 8. The term 'Grant or °Grant Funds° means the money provided by the State to the Grantee in this Agreement. 9. The term 'Grant Agreement means a contractual arrangement between the State and grantee specifying the' payment of funds by the State for the performance of specific Urban Greening Project objectives within a specific project performance period by the grantee.• 10. The term "Grantee' means an applicant who has a signed agreement for Grant Funds. 11. The term 'Interpretation" means visitor -serving amenities that communicate the significance and value of natural, historical and cultural resources in a manner that Increases the understanding and enjoyment of these resources, or other similar activities. 12. The term 'Other Sources of Funds' means cash or in -kind contributions that are required or used to complete the urban greening project beyond the Grant Funds provided by this Agreement. 13. The term 'Payment Request Form" means Form RA212. 14. The term "Project -means the Acquisition or Development activity -described in the application as modified by Exhibit Ato be accomplished with Grant Funds. Page 2 Agreement No. U59149-0 15. The term Project Budget" means the State approved cost estimate included as Exhibit A to this Agreement. 16. The. term "Project Scope" means the description or activity for work to be accomplished by the Urban Greening Project, 17. The term "State' means the Secretary for Natural Resources or his/her representatives, or other political subdivision of the State. B. Project Execution 1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition. that the sum, be expended In carrying outthe purposes as set forth in the description of Project: in. this Agreement and Its attachments and under the Terms and Conditions set forth In this Agreement. 2 Grantee shall fumish any and all additional funds that may be necessary to complete the Project. 3, Grantee shall complete the Project In accordance with the Project Performance Period set forth on the signature page, unless an extension has been formally granted by the State and under. the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but In no event beyond Mav 1, 2019. 4. Grantee shall at all times ensure that Project complies with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with section 21000, et. seq., Cal Code Regs It 14, section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary permits. Grant Funds will not be disbursed before the close of the period for legal challenge under CEQA. Grant Funds for planning and document preparation may be available sooner if included in the grant Project Scope (Exhibit A) and approved by the State. CEQA compliance shall be completed within one (1) year from the Grant Agreement start date, unless an extension is granted by the State. Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the Urban Greening for Sustainable Communities Grant.Prodram and Is consistent with the intent cited in the original Application. If a grantee's project is disapproved on grounds related to the Natural Resource Agency's CEQA determination, the grantee shall have the option of either. (1) reimbursing the Natural Resources Agency for all State -reimbursed preliminary costs (e.g., planning, design, etc,), or (2) relinquishing any planning/design documents, including all copies, reproductions, and variations resulting from said funding, without a license to use or otherwise retain in any form. 5. Projects must comply with Labor Code Section 1771.8 regarding the payment of prevailing wages and the labor compliance program as outlined in the Labor Code Section 1771.5 (b). 6... Granteecertifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and Page 3 -G- Agreement No. U59149.0 disabled access laws. Grantee certifies that, prior to commencement of construction, all applicable permits and licenses (e.g., state contractor's license) will have been obtained. 7. Grantee shall provide access by the State upon 24 hours notice to determine if Project work is in accordance with the approved Project Scope, including a final inspection upon Project completion. B. Prior to the commencement of any work, Grantee agrees to submit inewritr ��b the Stateathe for prior approval any deviation from the original Project Scope p Application. Changes in Project Scope must continue to meet theneed cited in the original application or they will not be approved. 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. Any modification or alteration in the Project must also comply with all current laws and regulations, including but not limited to CEQA. 9. Grantee shall providefor public access and/or educational features where feasible. 10. Grantee must have (1) fee title, (2) leasehold, or (3) other interest to Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration of theinterest in land. Any acquisition of Project lands by Grantee following award shall not Involve eminent domain proceedings or threat of eminent domain proceedings. 11. Grantee shall promptly provide photographs of the site during and after implementation of Project at the request of the State. C. Project Costs 1. Any Grant Funds provided to. Grantee under this Agreement will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement: a. Approved direct management costs or construction and Development costs. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the Project. b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summaryofProject costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State. 2. Payment Documentation: a. All payment requests must be submitted using a completed Payment Request Form. This form must be accompanied by an itemized fist of all expenditures that dearly documents.the check numbers, dates, recipients, line -item description as request described the Project Budget approved by Ole State and amounts. Each pays! st also include proofof payment such as receipts; paid Invoices, ms, canceled checks or other forms of documentation demonstrating payment as e e. b. My payment request that is submitted without the required itemization and documentation will riot be authorized. If the payment request package is incomplete, inadequate` or lnaccU ate, the State will inform the Grantee.. and.,. hold the payment request until all required :information is received or corrected. Any penalties Imposed on the Grantee by a contractor, or other`cmrsequence, because of delays in payment will be paid by the Grantee and Is not reimbursable under this Agreement. Page 4 Agreement No. U59149-0 3. Grant Funds in this award have a limited period In which they must be. expended. Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement. 4. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the Project Budget may be Increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation Is made, and shall Identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten, percent (10%) fricm the original budget in the amount of a category must be approved by the State. In anyevent, the total amount of the Grant Funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines. D. Project Administration 1. Grantee shall promptly provide Project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final Project expenditures with the final payment requestand required closing documents. 2_ Grantee shall make' property and facilities acquired or developed pursuant to this Agreement available for inspection upon request by the State. 3. Grantee shall use any income earned by the Grantee from use of. the Project to further Project purposes, on if approved by the State, for related purposes within the jurisdiction. 4. Grantee shall submit all documentation for Project .completion, including a notice of completion as applicable and 'final reimbursement within ininety (90) days of Project completion, but In no event any tater than Mav 1, 2019. 5. Final payment is contingent upon State verification that Project Is consistent with Project Scope as described in Exhibit A, together with any State approved amendments. 6. This Agreement may be amended by mutual agreement In writing between Grantee and State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner and in no evenness than sixty (60) days before the effective date of the proposed amendment 7. Grantee must report to the State all sources of other funds for the Project. E. Project Termination 1. Prior to the completion of Project construction, either party may terminate this Agreement by providing the other party with thirty.(30) days' written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it teams of or otherwise discovers that there is .a violation of any state or federal law or policy by Grantee which affects performance of this or any other grant agreement or contract entered Into with the State. 2. If the State terminates .without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement The State shall be responsible for any reasonable and non -cancelable obligations Incurred by the Grantee in the performance of Page 5 -7- Agreement No. U59149.0 the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement. 3. If the Grantee fails to complete the Project in accordance with this Agreement;•or,falls to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall -be-liable-for 'Immediate repayment -to the State of all amounts disbursed by the State under this Agreement plus accrued interest and any further costs related to the. Project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State's best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement. 4. Failure by the Grantee 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. 5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder If, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, arty amount required to settle at minimum cost any irrevocable obligations properly lncurred shall be eligible for reimbursement under this Agreement. 6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is the preservation, enhancement or establishment of community green areas and spaces for 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 Funds. under the provisions of this Agreement the Grantee agrees that payment by the Grantee to the. State of an amount equal; to the amount of .the Grant Funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, the e remedy in the event of this Agreement shall bethat the ppecificipterformancobreachta e of this Agreement, unless otherwise agreed to, by the State, F. Hold Harmless 1. Grantee shad waive all claims and recourses against the State, including the right to contribution forloss or damage to persons or property arising from, growing out of or in any way .connected with or incident to this Agreement, except claims arising. from the gross negligence of State. its officers, agents and employees. 2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Project including Development construction, operation or maintenance of the property described in the Project description which claims, demands or causes of action arise under Government Code Section 8952 or otherwise, Including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it Is sotety responsible for compliance with items to which it has certified. 3. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents or employees, ari 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 Page 6 -8- Agreement No. U59149.0 1. Grantee shall maintain satisfactory financial accounts, documents and records for the Projectand to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents and records for three (3),years after final payment and one (1) year following an audit. 2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection. by the State accurate records of all of ds costs, disbursements and receipts with respect to its activities under this Agreement. 3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State. N. Use of Facilities I. The real property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural. Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as tong as the purposes for which the Grant was awarded are maintained.. 2. Grantee shall maintain, operate and use the Project in fulfillment of the purpose funded pursuant Vs this Grant for a minimum of TWENTY (20) YEARS, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines.. The Grantee, or the Grantee's successor in interest In the property, may assign without novation'the responsibility to maintain and operate the property In accordance with this requlrement:only with written. approval of the 'State: Grantee may be excused from its.obligations for operation and maintenance -of -the Project" site. only upon -the written approval of the State for good cause. 'Good cause includes, but is not limited to, natural disasters that destroy the Protect Improvements and render the Project obsolete or impracticable to rebuild. 3. Grantee shall use the property for the purposes for which the Grantwas made and shall make ne other use or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property from the Grantee to. a Public Agency, if the successor Public Agencyassunies the obligations imposed by this Agreement. 4. if the use of the property is changed to a use that Is not permitted by the Agreement, or if the property is sold or otherwise disposed' of, at the State's sole discretion, an amount equal to (1) the amount of the Grant () the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. lithe property sold -or otherwise disposed of is less than the entire interest in the property funded in the Grant, an. amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest •,sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State. • 5. The Granteeshall not use or allow the use of any portion of the real property for mitigation without the written permission of the State. 6. The Grantee shall not use or allow the use of any portion of the real property as security for any debt. I. Nondiscrimination Page 7 -9- Agreement No. U59149-0 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, ancestry, religious creed, national origin, physical disability (tnciuding HIV and AIDS), mental disability. medical condition (cancer), age (over 40), marital status, and denial of family care leave In the use of any property or facility acquired or developed pursuant to this Agreement. 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law. ities shall en o embers of th 3 generally, except as noted aunder thll relatede spaciecial provisions pof thmisAgreement or public The under provisions of the Act. J. Application Incorporation The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved In writing by the State are hereby incorporated by reference into this Agreement as though set forth in full InthisAgreement K. Severability If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application,, and to this end the provisions of this Agreement are severable. L. Waiver - No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver Is asserted. No consent by either party to, or waiver of. a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party. M. Assignment. Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part. N. Disputes If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the Issue cannot be resolved at this level, the Grantee shall follow the following procedures: 1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, In writing, a grievance report together with any evidence to the Deputy Assistant Secretary for Bonds and Grants for the Natural Resources Agency. The grievance report must state the issues in the dispute. the legal authority, or other basis for the Grantee's position and the remedy sought. Within ten (10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue(s) and shall respond in-vrciting-to'the Grantee indicating the decision and reasons therefore. Should the Grantee disagree to the with the Deputy Assistant Secretary's decision. the Grantee may pp ant Secretary for Administration and Finance for the Natural Resources Agency. Page 8 a n- Agreement No. U59149-0 2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary's decision is unacceptable. The letter must include, as an attachment, copies of the Grantee's original grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary. The Grantee's letter of appeal must be -submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary's written decision. The Assistant Secretary or designee shall, within twenty (20) working days of receipt of Grantee's letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final. O. Audit Requirements Urban Greening projects are subject to audit by the State annually and for three (3) years following the final payment of Grant Funds. The audit shall include all books, papers, accounts. documents, or other records of the Grantee, as they relate to the Project for which the Grant Funds were granted. Page 9 -11- EXHIBIT A STATE OF CALIFORNIA NATURAL RESOURCES AGENCY GRANT AGREEMENT Urban Greening for Sustainable Communities Grant Program Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) Grantee Name: City of National City Protect Title: Paradise Creek Educational Park Agreement Number: U59149-0 Project Scope: Expand existing community space adjacent to Kimball Elementary School and planned development; create a new safe route to school path, an edible community garden and remove a significant amount of hardscape to create bloswales and a native vegetation park. • Remove approximately 13.600 sq. ft. asphalt paving from Hoover Avenue and W. le Street • Establish approximately 0.07 acres of native vegetation with temporary irrigation during its establishment • Install an educational native garden and approximately 500 foot long plant walk with interpretive elements explaining the site's unique salt flat and other habitats • Establish approximately 14,000 sq. ft. of decomposed granite nature trall along Paradise Creek • Establish a community garden for use by both the public and school children • Install a cistem to collect and recycle rain water • Construct a large water -quality bioswale to retain and treat storm water run-off The public will be able to access the new park elements via new entry gateways Installed at W. 19"' Street (west end) and Hoover Avenue (north end) adjacent to the school. Project Schedule: Activity Description Timeline (Due Date) Obtain Notice to Proceed from State April 1, 2015 Submit county -recorded CEQA docs to State January 31, 2016 Submit final site design/plans/specifications to State June 30, 2016 Submit evidence of bond acknowledgment signaqe October 1, 2016 Award construction contract November 1, 2016 Mobilization, begin construction, restoration, and/or other key: activities. December 1, 2016 File Notice of Completion with County October 1,-2017 . Record MOUGAIDeed Restrictions' Document, and Submit Project Closeout package with final Payment Request to State December 1, 2017 ' Agreement 1159149-0 Exhibit A Page 2 COST ESTIMATE / BUDGET Project Elements ti ` '` Prop 84 Urban Greening Grant Nallanal City CIP (Local Match)' $ $ $ 1A. Project Management Costs P Project Management (non -participating) 1 fiBD NIA TBD 'ila lTBD NIA TBD Design, & Permitting l 11.1111111111111.111 1B. Plant*, nmental Permitting/CEQA $75!000 $75,000 �Eiwh D P 1A & 1B (not to exceed 25%of grant) lit111.11$210;000 5210,000 IISSIMIIIII 2. Site Preparation' G Gearing & Grubbing AINNERS351000 $35,000 G S B Stormwater Pollution Control unianisac000 $40,000 $176,000 SubtotalTask2 lilifiliiitS1,78:000 111.111111.1111111 3. Landsca pi no/PlantEstablishment' T I T B 3 r' $66:200 $66,200 4. Site Elements' T M P C B R Vermicuttute and Compost Bins Millitiaigirt$1,,600 $1,600 W W C I 4 .0 IIIIMIN15327i860 $327,960 5. Contingency (not to exceed 10% of grant) $59:840 $59,840 Grand Total PRIMEEN5840,000 $840,000 Notes:' City will provide project management services atits own expense ' Only direct project•relatedmanagement costs supported by detailed time data will be eligible for reimbursemement Recording requested by, and ) when recorded, return to: ) State of California ) Natural Resources Agency ) Bonds & Grants ) 1416 Ninth Street, Suite 1311 ) Sacramento, CA 95814 ) Space above this line for Recorder's use MEMORANDUM OF UNRECORDED GRANT AGREEMENT/DEED RESTRICTIONS This Memorandum of Unrecorded Grant Agreement/Deed Restrictions (Memorandum), dated as of April 2nd 2019, is recorded to provide notice of an agreement between the State of California, by and through the Natural Resources Agency ("Agency") and the City of National City. RECITALS • On or about April 1st, 2015, Agency and Grantee entered into a certain Grant Agreement, Grant No. U59149-0 ("Grant"), pursuant to which Agency granted to Grantee certain funds for the acquisition or development of certain real property, more particularly described in attached Exhibit A and incorporated by reference (the "Real Property"). • Under the terms of the Grant, Agency reserved certain rights with respect to the Real Property. • Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain Agency reserved rights under the Grant. NOTICE • The Real Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. • The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State. • The Grantee shall not use or allow the use of any portion of the real property as security for any debt. • For additional terms and conditions of the Grant, reference should be made to the Grant Agreement, which is on file with the Natural Resources Agency, 1416 Ninth Street, Suite 1311, Sacramento, California 95814. GRANTEE (Authorized Representative): By: -14- EXHIBIT "A" Legal Description MOUGA PARADISE CREEK PARK Portions of Blocks 45, 46, and 84, together with portions of 19'h Street, 20s' Street, Coolidge Avenue, Hoover Avenue and portions of the alleys within said Blocks, all as shown on Map No. 348, Filed March 1852 in the Office of the County Recorder of San Diego County, more particularly described as follows: PARCEL 1 COMMENCING at a lead and tag stamped "SD CITY ENG" per Record of Survey No. 14492, filed March 31, 1994 as File No. 1994-0214720, said monument being Point 1278 on said Record of Survey and bears South 01°54'18" West 2750.14 feet from a 2 1/2" brass disc in a standard well monument stamped "RCE 27399" being Point 1232 per said Record of Survey No.-14492; Thence North 08°07' 16" West 657.90 feet to a point in the northerly right of way line of 22nd Street; Thence along the centerline of the closed alley in said Block 150, North 17°45'34" West 250.000 feet to a point on the southerly right of way line of 21s` Street; Thence along said southerly right of way line North 72°14'26" East 86.05 feet to the beginning of a tangent curve concave southerly and having a radius of 36.00 feet; Thence leaving said right of way line, along said curve easterly 13.23 feet through a central angle of 21°03'09" to a point of reverse curvature with a curve concave northwesterly having a radius of 84.00 feet, a radial line of said curve from said point bears North 03°17'35" East; Thence along said curve northerly 194.05 feet through a central angle of 132°21'46" to a point of reverse curvature with a curve concave northeasterly having a radius of 36.00 feet, a radial line of said curve from said point bears North 50°55'49" East; Thence along said curve northerly 13.38 feet through a central angle of 21°17'22" to a point on the easterly right of way line of Harding Avenue; • Thence along said easterly right of way line North 17°46'49" West 250.70 feet to a point on the centerline of 20'h Street; Thence along said centerline North 72°13'55" East 143.03 feet; Thence leaving said centerline North 17°44'32" West 40.00 feet to a point on the northerly right of way line of 20'h Street; Thence along said northerly right of way line North 72°1355"East 2.00 feet; Thence North 17°44'32" West 150.37 feet to the northerly line of Lot 18 of said Block 109; Thence along said northerly line and its extension North 72° 15'28" East 145.02 feet to a point on the centerline of Coolidge Avenue and the TRUE POINT OF BEGINNING; Thence North 72°19'21" East 7.42 feet; Thence South 72°11'18" East 123.81 feet; Thence South 19°53'27" West 149.39 feet to a point on the centerline of 20'h Street; Thence along said centerline North 72°14'26" East 115.26 feet; Thence leaving said centerline North 19°44'16" East 52.25 feet; Thence North 18°14'23" East 172.78 feet; Thence North 23°36'04" East 37.08 feet; Thence North 26°50'07" East 113.93 feet; Thence North 37°25'28" East 70.03 feet to a point on the centerline of 19`h Street; Thence along said centerline South 72°15'28" West 25.42 feet; Thence leaving said centerline North 20°52'00" East 132.80 feet to a point in the westerly line of the alley in said Block 46; Thence along said westerly line North 17°46'09" West 86.22 feet to a point on the southerly line of Lot 4 of said Block 46; Thence along said southerly line and its extension South 72°14'48" West 195.00 feet to a point on the westerly line of Hoover Avenue; Thence along said westerly line South 17°46'09" East 189.96 feet to a point on the centerline of 19th Street; Thence along said centerline South 72°15'30" West 290.00 feet to a point on the centerline of Coolidge Avenue; Thence along said centerline South 17°46'09" East 140.00 feet to the TRUE POINT OF BEGINNING. CONTAINING 2.48 Acres, more or less. SUBJECT TO all covenants, rights, right-of-way and easements of record. EXHIBIT "B" is attached and made a part hereto. Peter C. Golding, PLS 4768 License Expires: 3-31-20 ITHIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT ON MARCH 21, 2019. PETER C. GOLDING 3/201 L.S. 4768 11 /I BLK 110 N72'15 28' E '145.02' BLK 10, �BL}� �� N174432"W 01023-1 I 150.37'� N72'1355 E L3 143.03'L2--\ / FOUND 2 1/2" BRASS DISC IN WELL STAMPED 'RCE 27399" PT 1232 PER ROS 14492. `l E=6,298132• .69 — \o.� BLK 83 18TH ST. ir B L K 46 T.P.O.B. 20TH ST. I BL}S 140 I N N —111. N50'55'49'E(R) NO3'17 35 "E(R) 2ST, L1 C7 G co c , o a, / FOUND LEAD & TAG STAMPED TOTAL PARCEL AREA I 1 "SD CITY ENG" PT 1278 PARCEL 1 AREA = 2.48 ACRES P.O.C.N=1,ER 8� 28s85 E= 6, 298, 041.27 EXHIBIT "B" / 1 - /4,° 40 ry fo t14 BLK 108 cio 1', 0 1/03 BLK 84 B_}t 86 NAP 3�18 BL}< 107 n� 22ND ST. BLK 86 1 BLK 5 1 N V 5 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 P: 858.385.0500 WWW.NV5.COM SCALE 1 "=200' MOUGA PARADISE CREEK PARK NATIONAL CITY PREPARED FOR: NATIONAL CITY DATE SUBMITTED: 3-21-19 SHEET NUMBER 1 OF 2 SHEETS J08 NUMBER 226817-0000241.03 N:\226817-0000241-03\CADD\SURVEY\241_03_MOUGA_PLAT.DWG -1 7- _ Y SCALE 1"=80' 19TH ST. 00 00 tld fL4 T P.O.B. AVE (CLOSED) 20T1i ST. BLK 83 S727530"W 290.00' PARCEL 1 NATIONAL CITY MOUGA PARADISE CREEK PARK MAP 348 BLK 54 .1, • 115.26' N7274'26"E 7 h LOT 4 572'14'48'W 195.00' 01 0i W a v n 4 6 r Curve # Delta Radius Length Cl 21 03'09 ' 36.00 13.23 C2 132 21 '46" 84.00 194.05 C3 2177'23" 36.00 13.38 LOT 5 BLK 48 N20 52'00"E 732.80' N37 25'28 "E 70.03' BLK 45 LINE BEARING LENGTH L1 - N727426 E 86.05 L2 N174432"W 40.00 L3 N7273551" 2.00 L4 N727921 E 7.42 L5 N1944'16"E 52.25 L6 N2336'04 E 37.08 L7 57275'28"W 25.42 N VS 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 P: 858.385.0500 WWW.NV5.COM MOUGA PARADISE CREEK PARK NATIONAL CITY SHEET NUMBER 2 OF 2SHEETS PREPARED FOR: NATIONAL CITY DATE SUBMITTED: 3-21-19 JOB NUMBER 226817-0000241.03 N: \226817-0000241-03\CADD\SURVEY\ 241_03_MOUGA_PLAT.DWG -1 R- RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AND APPROVING THE RECORDATION OF A MEMORANDUM OF UNRECORDED GRANT AGREEMENT/DEED RESTRICTIONS WITH THE STATE OF CALIFORNIA, BY AND THROUGH THE NATURAL RESOURCES AGENCY, FOR PARADISE CREEK EDUCATIONAL PARK, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID MEMORANDUM OF UNRECORDED GRANT AGREEMENT/DEED RESTRICTIONS WHEREAS, on November 5, 2013, per City Council Resolution No. 2013-168, the City Council authorized staff to submit an application for Proposition 84 Urban Greening for Sustainable Communities Grant Program funding for the Paradise Creek Educational Park Urban Greening Project, and authorized the City Manager to execute the grant agreement upon award; and WHEREAS, in April, 2015, the City Manager executed Grant Agreement No. U59149-0 with the California Natural Resources Agency (NRA) for the Project, effective April 1, 2015; and WHEREAS, on September 20, 2016, per City Council Resolution No. 2016-147, City Council awarded a contract to C.S. Legacy, Inc. for construction and the project was completed consistent with grant requirements and the Notice of Completion was signed by the Mayor on August 25, 2017; and WHEREAS, the State of California, by and through the NRA, is requesting that the City accept and record the Memorandum of Unrecorded Grant Agreement/Deed Restrictions (MOUGA) as required by Exhibit "A" of the executed Grant agreement and the MOUGA recognizes that the City's General Plan identifies this site as a park and requires that the use remain consistent with the grant objective (park site) for a minimum of 20 years from the date of the execution of the Grant Agreement; and WHEREAS, the MOUGA restricts the use of the park site as mitigation and the use of the park site to secure any debt without the written approval of the State of California, acting through the NRA. Resolution No. 2019 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the adoption of a Resolution accepting and approving the recordation of a Memorandum of Unrecorded Grant Agreement/Deed Restrictions with the State of California for Paradise Creek Educational Park and authorizes the City Manager to execute said Memorandum of Unrecorded Grant Agreement/Deed Restrictions. PASSED and ADOPTED this 2nd day of April, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones