HomeMy WebLinkAbout2019 CON Natural Resources Agency - Paradise Creek Educational ParkNOTE 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:
NTF
CDC Housing & Economic Development
City Attorney Human Resources
City Manager MIS
Community Svcs. _ Planning
Police X Engineering/Public Works
Finance
Fire
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
III
IIIII IIIII I I IIII I IIII IIIII I III III IIIII IIIII IIIII IIII III
May 16, 2019 08:28 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0 00 (SB2 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 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 1 St, 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.
By:
GRANTEE (Authorized Representative):
clef l )EN AAANG<kN 1E-u4C)
MANI PteeR
S5l€-trAnt SQcr�ta���
r'f q-.era' CeSr.Jrce s A9eht�
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. Dalla, 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
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 .5—'P—ZG"/ before me, Sonia A. Windtberg, Notary Public
(insert name and title of the officer)
i
personally appeared / j)? y/77U (4J
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(iest 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 (<1 (Seal)
SONIA A. WINDTBERG
COMM. # 2208415
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, 20th 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 21' 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 20th 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 20th 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 20th 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 19th 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;
11)000241. 1::3`,i i,'. y\i.e Silc\2 I_1!i' Art(.1 ;\ ACV.:
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.
- 3/2i/i9
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.
./2) / tq
PETER C. GOLDING
L.S. 4768 I %
r
BLK 110 /
/
N72'15'28"E
145.02'
BLIA 109
I--BLK 14 8-1 1 / f
N 17'44'32 "W
-F S 91928—I I 150.37'� l
N72'13'55"ETh L3�
143.03'
FOUND 2 1/2" BRASS DISC IN
WELL STAMPED "RCE 27399"
\\ PT. 1232 PER ROS 14492.
N=1,824,035.47
\ E=6,298,132.69
cp L,
—
\o'er
BLK 83
18TH ST.
—I —
BLfK 4
T.P.O.B.
3AV NOS7IM
20TH ST.
1 BLK
21
ELK 84
-149-1 o
INN
f N50�'S5'49 "E 1
NO3'117'35 "E(R)
21sr s 1
L1 C1
z
0 0
ui o /
v
o rn / FOUND LEAD & TAG STAMPED
/ "SD CITY ENG" PT. 1278
\ PER ROS 14492.
P.O.C. N=1, 82 286. 85 7 T �p
E=6,298,041.27 r1lB 1 rP
40
BLK 108
/.'.
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BLK 107 t�
22ND Si
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B_K 86
348
l
BLi< 6
1
1
TOTAL PARCEL AREA
PARCEL 1 AREA = 2.48 ACRES
91 B �7
rn
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
JOB NUMBER
226817-0000241.03
N:\226817-0000241-03\CADD\SURVEY\2441_03_M000A_PLAT.DWG
SCALE 1"=80'
19TH ST.
BLK 83
S72'15'30"W 290.00'
co
rn
of
co
I LOT4
S7214'48"W 195.00'
L4
T P.O.B.
20TH ST.
PARCEL 1
NATIONAL CITY
MOUGA
PARADISE CREEK PARK
MAP 348
E3L}< 84
04
115.26' —
N72°14'26 "E
41e
r
Curve #
Delta
Radius
Length
C1
21 03'09 "
36.00
13.23
C2
132 21 '46 "
84.00
194.05
C3
21 '17'23"
36.00
13.38
LOf 5
BL K
N20 52'00 "E
132.80'
N37 25 '28 "E
70.03'
BiJ< 5
LINE
BEARING
LENGTH
L 1
N7274'26 "E
86.05
L2
N17'44'32"W
40.00
L3
N7273'55"E
2.00
L4
N727921 E
Z42
L5
N19 44'16"E
52.25
L6
N2336'04"E
37.08
L7
S72'15 28 "W
25.42
N
V
5
15092 AVENUE OF SCIENCE, SUITE 200
SAN DIEGO, CA 92128
P: 858.385.0500 WWW.NV5.00fr1
MOUGA
PARADISE CREEK PARK
NATIONAL CITY
PREPARED FOR: NATIONAL CITY
DATE SUBMITTED: 3-21-19
SHEET NUMBER
2
OF 2 SI1EF:TS
JOB NUVBE3
226817-00.00241.03
N:\226817-0000241-03\CADD\SURVEY\241_03_MOUGA_PLAI.UWG
State of California
Natural Resources Agency - GRANT AGREEMENT
GRANTEE NAME: City of National City
PROJECT TITLE; Paradise Creek Educational Park (formerly Hoover Avenue ParkiParadise Creek Walk)
Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal
Protection Act of 2006 (Prop 84)
PROGRAM: Urban Greening Project Grants
AGREEMENT NUMBER: U59149.0
TERM OF LAND TENURE: 20 years from date of project completion as evidenced by Project Certification Form
PROJECT PERFORMANCE PERIOD IS: April 1, 2015 - December 1, 2017
Urder ;re ternr; and conditions of the agreement. the applicant agrees to complete Ue project as deserted in the project Sccce described in £xhitrt A. and
any sutsech ent a-endment;, and the Slate of California. acaro through the Resources Agency pursuant to the California Sale Cr!nk:ng Water. Water
C.;ality and S.pp '!. Flccd Cantrci, P.i'.er and CeeYaI Prcteetir, n Act of 21)06. agrees to turd the proic. t up to the total state grant amount indicated
PROJECT DESCRIPTION:
AUTHORITY:
See project description on page 1 and Exhibit A of the Agreement
Total State Grant net to exceed
5840,000.00
The Special and General Provisions attached are made a part
CITY OF NATIONAL CITY
Leslie Deese
Title City Manager
Date 4/Zo //.t
(or project costs, whichever is less)
of and incorporated into the Agreement.
STAT1'\OF CALIFORNIA
NATURAL RESOURCES AGENCY
Title e ut, Assistant Secrets
Date
AMOUNT OF ESTIMATE
FUNDING
AGREEMENT NUMBER
FUND
5840,000.00
U59149-0
6051 - Safe Drinking Water, Water Quality and
Supply. Flood Control, River and Coastal
Protection Act of 2006 (Prop 84)
AOJ. INCREASING
ENCUs.ICRANCE
APPROPRIATION
3
0540.6051-001-2010-101-
ADJ. DECREASING
ENCUMBRANCE
FUNCTION
s
Local Assistance
UNENCUMBERED BALANCE
LINE REM ALLOTMENT
CHAPTER
STATUTE
FISCAL YEAR
g
0540-6051-101
712
2010
I 10111
T B.A. NO. B R. NO
INDEX i orJ, EXPEND
PCA
PROJECT NUMBER
0540 I 751
30591
U59149
y certify upon my personal knowledge that budgeted funds are available for this encumbrance
Sfr//Sr
S)GNATURE OF ACCOUNTING 0f�r
DATE
Agreement No. U89149-0
GRANT AGREEMENT
State of Califon,la -The 1,4atural Resources Agency
Grantee Name: -City of National -City
Project Title: Paradise Creak Educe'Ilona/ Park «orm3ry iliaciver.Avenue 'Park/Paradise.
Creek Walk)
Agreernient Number: U89149-0
Authodty Safe Drinking Water, Water.Quality.end Supply, Flood'Cantirolt River
end .Coastal Proleptic:m50nd Act of po6epositionI14,
Program -Urban Greeing for Sustainabie Comtlaititios GrantTrograta
PROJECT DESCRIPTION
Expand exfating. co rismua(ly.11iad* adlocent _to-za1001- Site and ,plannAddowaildpeoent; .0eate.:s.
safe route to -school path, ,edible -garden and remove ii!aignificartt -100cirtt -,01.4iiirdscapefoe
tgosvirals find native Vegetation.. '
Adetailed Project ScOpe-Atio ettivittes,;projeetechodUle And. Project .Budget--t fre-Vescrileed•wfd
et6ched te ExhibltA4
. . .
GritFwdsir.t.beusbd.toPfoserVeevrihonce, fricreasttoreatabllih .00ThrdbOltygreeriitireas
skiCE"ciii.tirban forest; open,Spadoe, -wellends-and;.corrunudityapaCeSjO:-g;,, oettifiNnitybArdilit),
in iics:cordancif-Nith:the.PreivitiOns.cOritainediri 'the Urbori 'Greening .fOr'Sustainatile'CornmOrtities,:
Grant PrOgram- and this:Agreement.
TERMS AND CONDITIONS:OF:IR,ANT
1, FR 6c$JontaiifOrent Purids.,shall po„.,asigns aclochsifedgingtheeourpeOfthelutiOs-pUrsOent to
the California Urban 07O-oning, for:Sustainable, ComModities Grant PrOgrar,m,G*IGuldelirSkiS
(AppHcto, Guk1eUne) Sz lototiqn .and number Ofigns, Shall be
iletermlnedii.oy,,t1se :State, ,'Reioutred.. Algnage must 'be-. In 'gitsceik before WO( Funds for
tonstroalon,wlif..boxeleased.
ql..,....49,04n ditto tie..Precede n t to thelStatels ation Ao.meke enrconstrUctionlundln0.available.
. . ,
PursUantici4tide Agreerrien' I. Grantee sisall-firstprovIdeevidence oloOmpllarickwithcEOA by
JenuarY01.:2010.
3 Vpon -060ot lono t: cfatailed rOje 01 OesIg n,:pla 0*. andispacifications, Grantee shall prosildelo
tha..State -for review and opprtival-a:..toevised detailed Project .13udget, Project Scope ::and
Wetelled Site plan lt Prole61-includesisabitatrestorationat landsoppIrtg, orantee:shall,previde.
s:plaritingOotter:dentonstrating -noW.::native,-'160/4ate17,!,0rotiOhtyleaSlan(*etet4t1.soilll be
used In the :project: Approval by :the -State of such plans iSitd-.:specificatiens
approvelslirovided.foriri thiS Agree m ent shalt belorecopattnd quality of Wetic*sdattOif,.tiat
rellev.e•Grantee`of the obligatiCialopan.strittt;004malrialmthe facilities.: or:oarly Oittany *.ther
ObtatIons re:citilred.--*-thIsi.Abreialrent, In aOdor-Clan:90 withapplicable- law or Any 'Other
itenciards cOlinarilVioplied-to:such work:or:activity.,
Page l
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, Flood
Control. River and Coastal Protection Bond Act of 2006 .
2. The term "Acquisitionmeans obtaining a fee interest or .any other interest, including
easement, leases, and development rights.
3. Tho term "Agreement" means this Grant Agreement.
4. The terra "Application" means the individual application form, its required attachments for
grants pursuant to the enabling legislation andlor program and any applicable materials
supplied by applicant to the Natural Resources Agency prior to award.
5. The terra °Appplication Guidelines" means the California¶Jrb n Greening for Sustainable
Communities Grant Program Grant Guidelines and Applia
6. The term "Development" means improvement, rehabilitation, restoration, enhancement,
preservation, protection and interpretation or other similar activities.
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.
1 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" moons 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 A to be accomplished with Grant Funds.
Page 2
Agreement No. U59149.0
15. The term "Project Budget" means the State approved cost estimate included es Exhibit A to
this Agreement..
16. The term "Project Scope" means The description or activity for work to be accomplished by
the Urban Greeting Project.
17, The term "State" means the Secretary for Natural Resources or his/her representatives,or
other political subdivision of the State.
8. Project Executton
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 end on condition that the sum be expended in carrying out the purposes as
set forth in the description of Project le this Agreement and Its attachments and under the
Terms and Conditions set forth in this Agreement.
2. Grantee shall furnish any and all additional funds that may be necessary to complete the
Project.
3. Grandee shalt complete the Project In accordance with the Project Performance Period set
forth on the signature page, unless anextension has been formally granted by the State and
under the Tonne artd Conditions of this Agreement. Extensions may be requested in
advance and will be considered by State, at its sole discretion„ to the event of circumstances
beyond the control of the Grantee, but In no event beyond May 1, 2019.
4. Grantee shall et 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 tit. 14, section 15000 et. seq.) arm ail other
environmental laws, including but not limited to obtaining ail necessary permits. Grant
Funds will not be disbursed before the close of the period for legal challenge under
CEQA.
Grant Funds for planning end document preparation may be available sooner if included
In the grant Project Scope (Exhibit A) and approved by the State. CUM 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 Pro rare end 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 saki 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 ail current laws and
regulations which apply to the Protect, Including, but not limited to, legal requirements for
construction contracts, building codes, environmental taws, heaith and safety codes, and
Page 3
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.
8. 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 es set
forth to the Application on file with the State must be submitted to the State for approval.
Any m.odiftcation or alteration In the Project must also comply with all current laws and
regulations, Including but not limited to CEQA.
9, Grantee shall provide for 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 wilt provide 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 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
casts, on a reimbursement basis, as follows, but shall not exceed In any event the amount
get forth on the signature page of this Agreement:
a Approved direct management costs or construction and Devstopmant 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 summary of Project 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 list of all expenditures that clearly
documents the check numbers, dates, recipients, line•itern description as described In
the 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 its submitted without the required itemization and
documentation will not be authorized. if the payment request package is incomplete,
inadequate or inaccurate, the State will inform the Grantee and hold the payment
request until all required information is received or corrected. Any penalties Imposed an
the Grantee by a contractor, or other consequence, beeauso of delays In payment 'MIL
be paid by the Granteo and is not reimbursable under this Agreement
Page 4
Agreement No. U59149-0
3. Grant Funds fn 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 es indicated in this Agreement,
4. Except as °there's° provided herein, the Grantee shaft 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 shalt identify both the itene(s) being
increased and those being decreased. Any cumulative Increase or decrease of more than
ten percent (19%) from the original budget fn the amount of a category must be approved by
the State. In any event, the total amount of the Grant.Fund e may not be increased, nor may
any adjustments exceed the limits. for management costs as described In the Application
Guidelines.
D. Project AdmIrestretion
1. Grantee shall promptly provide Project reports anritor 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 request and required closing documents.
2. Grantee shaft make property and facilities acquired or develepeci pursuant to this Agreement
available for Inspection upon request by the State.
3. Grantee shall use any income earned fay the Grantee from use of the Project to further
Project purposes, or, 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 end final reimbursement within ninety (90) days of Project
completion, but in no event any ater than May 1, 2019,
6. 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 event less than sixty (60) days before the effective date of the
proposed amendment.
7. Grantee must report to ihe State all sources of other funds for the Project,
E. Project Termlnallon
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 learns of or
otherwise discoversthat there Is a violation of any state or feciarel 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 hall take all reasonable measures to prevent further
costs to the State under this Agreernera. The State shall be responsible for any
reasonableand 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. If the Grantee falls 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 ail 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. Thls 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, any amount
required to settle at minimum cost any irrevocable obligations properly Incurred 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
Granted agrees that payment by the Grantee to the State of an amount equal to the amount
of the Grant Funds disbursed under thls 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 thls Agreement shall 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 toss 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 harmlesss end defend State, its officers, agents and employees
in perpetuity against any and all tiaras, 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 845.2 or otherwise, Including but not
limited to items to which the Grantee has certified, except for liability arising outof the gross
negligence of State, its 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 shall 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 tirnes. 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 its 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.
H. 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 long as the purposes for which the Grant was awarded are
maintained,.
2. Grantee shall maintain, operate and use the Project In fulfilment 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 Appltoatton Guidelines, The Grantee, or
the Grantee's successor In interest in the property, may assign without novatton the
responsibility to maintain and operate the property In accordance with this requirement only
with the 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 Project Improvements and render the Project obsolete or impracticable to rebuild.
3. Grantee shall use the property for the purposes for which the Grant was made and shall
make no 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 Agency assumes 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. If the property sold or otherwise disposed of fs 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 disposedof, whichever is greater, shall be reimbursed to the State.
5. 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.
9 . 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
Agreement No. U59149.0
1. The Grantee shalt not discriminate againstany person on the basis of sex, race, color,
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 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 admisslon or other fees may be maintained on the
basis of residence and pursuant to law.
3, The completed Project and all related facilities shall be open to members of the public
generally, except as noted under the spacial provisions of this Agreement or under
previsions 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 in this Agreement.
K. Severabitily
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 Agreennenf 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 thefollovwing 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 writing to the Grantee
indicating the decision and reasons. therefore. Should the Grantee disagreewith the
Deputy Assistant Secretary's decision, the Grantee may appeal to the Assistant
Secretary for Administration and Finance for the Natural Resources Agency.
Page 8
Agreement No. U69149.0
2. The Grantee roust submit a totter of appeal to (he 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 cf the Oeputy
Assistant Secretary 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 (he Grantee. The decision of the Assistant
Secretary or 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 shall include all books, pipers, accounts,
documents, or oilier records of the Grantee, as they relate to the Protect for which the Grant
Funds were granted.
Page 0
•
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 Names City of National City
Project Title: Paradise Crook Educational Park
Agreement Number: U59149.0
Project Scope:
Expand existing community space adjacent to Kimbarl 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 bloswares and a native vegetation park..
• Remove approximately 13,600 sq. ft. asphalt paving from Hoover Avenue and W. 19th 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 trail along Paradise Creek
• 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 btoswale 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. 19ei Street
(west end) and Hoover Avenue (north end) adjacent to the school,
Project Schedule:
Activity Description
Timeline (Due Date)
Obtain Notice to Proceed from Slate
April 1, 2015
Submit county -recorded CEQA does to State
January 31, 2016
Submit final site design/plans!epecifications to State
June 30, 2016
Submit evidence of bond acknowledgment signage
October 1, 201E
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 MOUGANDeed Restrictions Document, and
Submit Project Closeout package with final Payment
Request to State
December 1, 2017
Agreement U59149-0
Exhibit A Page 2
COST ESTIMATE f BUDGET
Project Elements
t c� #i+a
s
W'. ';
'. .•y
.475 ,
Prop
84 Urban Greening
Grant
National City
CIP {Local
Matchk'
112,2, „ ;v
$
$
IA• Pro act 1Nana.eaaaent Costs
�
Project Managorneni:(non-participratfng,)
+ ,.
TBa.
a ::
NIA
TBD
'lH. Plannin 170s1 n, & Pormittfns
ur4}s"
Environmental Permitting/C€QA
<;3f 'r 10000
$75,000
Desltn Site Im rovernerhis, Plantfn• Palliate
r s
1
t
%
I.174 : Li. a ::
•. a 0 0 0
-.
Subtotal•. to or I ,
;Xi 000
3210,000
�,
General Conditions ■•
ix,, `t x"i, .41
$20000
$35 OW
•:•
��;
`'+- 0000
xi. ti .A
41 111
Souep
12 4
Storrrwaker faoflution Conircl
" IiJ�i e
' 000
Subtatai Tdsk 3
75 "
: r ""
3, t andsca Inc�tplantetabtisllment'
'�i
Trees
zl esE, : i s
$7 600
lrrlgaticn
•. r,
- $37 500
Transi41on8i Uplands Plant
pa r
$17,600
H(o•retention Bann Plants
'' . •7' 4 .• 41
$3,600
SuQbtorytal Task 9
'``' Z ''' •�
' ""
••_-vw�rrn
4. t31te 1~ttrraaents� ..•
W � I
c. %S{ytrr7'
?rafts • DG Palfa, t�fa1kInr Area
. °
6
racial'd•in.
;S1..g
Permeable Pavers
's ,its
t r
Curb and Gutter
�4°"' if$8125
Benches
-, '71aa, ..:An
100
Raised Bedg
, s°
$45,000
Varrnicufture and Compost Bins
t1 PI
____a_ ._.
Wrought Iron Fence
$10 000
W rQu tat Iron Gate
/14.. Y r i'il
: 1
Cistern w/pump
J. a ':
$120,000
InterpretivelEducatlonal SiQnago
$30,000
Subtotal Task 4 F.
$32? 0
''
5. Co tint one not to exceed '10% of ! rant
via . ,$ t' lb
'
Grand Total
:,'. 1 $840,0
$840,000
Notes: a City wilt provider project management services at Its own expense
• Only direct project•related management costs supported by detailed time data will be eligible for relmbursemement.
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.
ATTES
ph Michael R. calla, City Clerk
APPRSVED AS TO FORM:
ris-Jones
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 AgreementlDeed Restrictions with the State
of California for Paradise Creek Educational Park and authorizes the City Mangerrexecute
said Memorandum of Unrecorded Grant Agreement/Deed Restrictions.
PASSED and ADOPTED this 2nd day of April, Ifikiii.
IejaI.ra d
. elj,
is, 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:
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 Manage execute
said Memorandum of Unrecorded Grant Agreement/Deed Restrictions.
ATTES
Michael R. ialla, City Clerk
APPRIVED AS TO FORM:
ris-Jones
PASSED and ADOPTED this 2nd day of April, n 1 •
Ur Art
lejat.ra '�• e • • .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: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
N/A
ENVIRONMENTAL REVIEW:
Categorical Exception 15333; Small Habitat Restoration Project (filed with County Recorder on10/30/15)
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
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
k¢ so1 1 1'1+ • a-0I/ -3(0
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.
-1-
State of California
Natural Resources AgencyGRANTAGREEMENT
GRANTEE NAME: City of National City
PROJECT TITLE: Paradise Creek Educational Park (formerly Hoover Avenue PaikiParadiss Creek Walk)
Safe Drinking Water,. Water Quality and Supply, Flood Control, River and Coastal
AUTHORITY: Protection Act of 2006 (Prop 84)
PROGRAM: Urban Greening Proiect Grants
AGREEMENT NUMBER: U59149-0
TERM OF LAND TENURE: 20 years from date of proiect completion as evidenced by Proiect Certification Form
PROJECT PERFORMANCE PERIOD IS: April t, 2015 - December 1, 2017
t a.' del rted in the prciect scope descnted in Exhibit A, and
Under L''R leans and conditions of this agnbemenl, theappticarn agrees to ;pomp ete the txct� art to the Cafeteria Safe Cesnk;ng Water, Wacer
any sutsecuert amendments, and the State of Cafrrxnia, acting' through. the Resource Air y pursuant
Quality and Supply. Flood Contra Ri er and Crustal Protection Act of 2006, agrees to ford the prejeel up tc Tte total state grant amount indicated.
PROJECT DESCRIPTION:
See project description on page 1 and Exhibit A of the Agreement
Total State Grant not to exceed 5840,000.00 (or prcject. costs, v,hichever is less)
The Special and General Provisions attached are made a part of and incorporated into the Agreement.
CITY OF NATIONAL CITY
_By
Leslie Deese
Title City Manager
Gate 4zo /!x
Title
Date
STATE}OF CALIFORNIA
AL 9ESOURCES AGENCY
Cash
tit Assistant Secretary
t..tr< i IPI(.HI 1VtN .jr rvwN14•v
AMOONT OF ESTIU&TE
AGREEMENT NUMBER
FUND
FUNDLNG
$840,000.00
U59149-0
6051 - Safe Drinking Water, Water Quality and
Supply, Rood Control, River and Coastal
Protection Act of 2006 (Prop 84)
ADJ, INCREASING AFPFOPRIATi0N
ENCUOABRANCE
$ 0540-6051.001-2010-101-
ADJ. DECREASING FUNCTION
ENCUMBRANCE ti
1 Local Assistance
! FiSCAL YEAR
tJNEr.Ct,A.IBEREC BA.LANGE LINE ITEM ,ALLOTMENT
CHAPTER
STATUTE
3 054Q-6051-101
712
2010 10111
T.33-A- NO.
B.R. NO. I ;htpEX OEJ. EXPEND
PCA
PROJECT NUMBER
0540
751
30591 U59149
1 hery certify upon my personal knowtedge that budgeted funds are available for this encumbrance
--4--/ /-5-'
,r t'rLv
GNAT R'
% OF ACCO NTING Of
DATE
-2-
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
bioswate 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 sign 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 end 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 shalt 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 includes habitat restoration or landscaping, Grantee shall provide
a planting palette demonstrating how native, tow -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 riot
relieve Grantee of the obligation to construct and maintain the facilities, or carry out any other
obligations required by this Agreement, in accordance with applicable taw or any other
standards ordinarily applied tosuchwork or activity.
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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, Flood
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 rights.
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 andior 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 term 'Development" means improvement, rehabilitation, restoration, enhancement,
preservation, protection and interpretation or other similar activities.
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 terrn "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 A to be accomplished with Grant Funds.
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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 terrn "State" means the Secretary for Natural Resources or hisiher representatives, or
other political subdivision of the State.
B. Project Execution
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 out the 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.
Grantee shall furnish 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 May 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 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 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 Program 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. Grantee certifies that the Project does and wilt continue to cornply 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
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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 ordanall ce withithe appaccess roved Projey the ct t Scope, iupon 24 ncluding ng notice
a final inspection uponProject
Project
is
completion.
8 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 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 CODA.
9 Grantee shall provide for 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 the interest 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:
Approved c?:rect 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 summary of Project 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 axompanied by an itemized list of all expenditures that clearly
documents the check numbers, dates, recipients, Tine -item description as described in
the 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
fortes of documentation demonstrating payment has been made.
b. Any payment request that is submitted without the required itemization and
documentation will not be authorized. if the payment request package is incomplete,
inadequate or inaccurate, 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 consequence, because of delays in payment w.Il
be paid by the Grantee and is not reimbursable under this Agreement.
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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 (1O%) 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%) 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
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 request and required closing documents.
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, or, if approved by the State, for related purposes within the jurisdiction.
Grantee shall submit all documentation for Project completion, including a notice of
completion as applicable and final reimbursement within ninety (90) days of Project
completion, but in no event any later than May 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 event less than sixty (60) days before the effective date of the
proposed amendment.
Grantee must report to the State all sources of other funds for the Project.
E Project Termination
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 learns 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.
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
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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 fails 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, any amount
required to settle at minimum cost any irrevocable obligations properly incurred 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, that the appropriate remedy in the event of a breach by the Grantee
of this Agreement shall be the specific performance of this Agreement, unless otherwise
agreed to by the State.
F. Hold Harmless
Grantee shall waive all claims and recourses against the State, including the right to
contribution for loss 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 apse under Government Code Section 895,2 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
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 shall be made by a court of
competent jurisdiction. Neither party shall request a jury apportionment.
G Financial Records
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Agreernent No. U59149-0
Grantee shall maintain satisfactory financial accounts, documents and records for the
Project and 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 its 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.
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 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.
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 maintain and operate the property in accordance with this requirement only
with the 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 Project improvements and render the Project obsolete or impracticable to rebuild.
3. Grantee shall use the property for the purposes for which the Grant was rnade and shall
make no 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 Agency assumes 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 (2) the Fair Market Value of the real property, or (3)
the proceeds frorn the sale or other disposition, whichever is greater, may be 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.
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.
Nondiscrimination
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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 (including HIV and AIDS),
mental disability, medical condition (aner)'orfacility (over
ac 0), marital status, and uired or developed purdsuaat to
l of
family care leave in the use of any property q
this Agreement.
nst any
son on
he asis of rsidence
t to
2 fiheextent thathela o sable difference Grantee sal not discriminate in� admission ror other tfees may bee
pma maintained on the
to
basis of residence and pursuant to law.
3. 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
s�ncorparated byquent changes rrefererr itoninto this
to the
Application approved in writing by the State are hereby
Agreement as though set forth in full in this Agreement.
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 Uniting to the Grantee
indicating the decision and reasons therefore. Should the Grantee disagree with the
Deputy Assistant Secretary's decision, the Grantee may appeal to the Assistant
Secretary for Administration and Finance for the Natural Resources Agency_
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Agreement No. U59149-0
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,
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 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
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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
Project 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 bioswales and a native vegetation park.
• Remove approximately 13,600 sq. ft. asphalt paving from Hoover Avenue and W. 19th 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 trail along Paradise Creek
• 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 bioswafe 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'h 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 does to State
January 31, 2016
Submit final site design/plans/specifications to State
June 30, 2016
Submit evidence of bond acknowledgment sign.age
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 MOUGA/Deed Restrictions Document, and
Submit Project Closeout package with final Payment
Request to State
December 1, 2017
_1")_
Agreement U59149-0
Exhibit. A Page 2
COST ESTIMATE t BUDGET
Project Elements
Total
Amount
Prop
84 Urban Greening
Grant
National City
CIP (Local
Match)3
$ 1 $
$
Costs' Y
1A. Project
Management
Project Management (non-pertcipating)
N/A
TBO
r+ WA
TBD
1B. Plannin9,
Design, & Permitting
':
v?$ $75,000w
E
Environmental PermittirtlCEQA
S125. $125,000
Public Outreach
510.000 $10,000
25%
$210.000} $210,000
Subtotal Tasks 1A & 1B (not to exceed of grant)
2. Site Preparation'
,
$20 000
G
General Conditions & Mobilization
=2
C
Clearing & Grubbing
535,000
$35,000
G
Grading
S40.000
$40.000
S
Basin
S20
$20,000
Storm aerPollution Control
540.�
$40,000
Subtotal Task 2 _
$176,000
$176,000
3, nglPlant Establishment'
F, _
Trees
57.500
$7,500
i
Transitional Uplands Plant
5 t 7.6tX'
$17.600
Bio-retention Basin Plants
� _ S3.600
$3,600
Subtotal Task
3
$66.200
$66,200
4. Site Elements'
T
Trails - DG Path. Walking Area
S28.360
$28,360
M
Permeable Pavers
- S65.100
$65,100
_
Curb and Gutter
..':
S6,125
B
R
Vermiculture and Compost Bus
S1,600
51,600
W
Wrought Iron Fence
$10.000
$10,000
W
Cistern w! pump
5120000
$120,000
IInterpretive/Educational Signage
530.000
530,000
Subtotal Task 4
$327,960
$327,900
5. Contingency (not to exceed 10% of grant)
$59.840
559 840
Grand Total -. 5840,000
S840,000
Notes: 1 City wilt provide project maragernent services at its own expense
• Only direct project -related management costs supported by detailed time data will be eligible for reimbursemement.
-11-
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:
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EXHIBIT "A"
Legal Description
MOUGA PARADISE CREEK PARK
Portions of Blocks 45, 46, and 84, together with portions of 19`h Street, 20`1 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 2P 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 20th 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 19th 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;
-15-
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 19t
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
THIS PLAT WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WI TH THE PROFESSIONAL
LAND SURVEYORS ACT ON MARCH 21, 2019.
V21/Iq
PETER C. GOLDING
FOUND 2 1/2" BRASS DISC IN
WELL STAMPED "RCE 27399"
/ \\ PT. 1232 PER ROS 14492.
I \ N=1, 824, 035.47
\ E=6,298,132.69
L.S. 4768 r, 1 _�
\o_ I IBTH ST.
I
I I
I a I BLf< 110
BLK 83
BLK
T.P.O.B.
T.P.O.B.
18
— II IB�K 109
N174432"W l
-RCS 91926-1 I 150.37'� l I
11N7273'55"E L3
14;3.03 L2
N7275 28'E
I I ' 145. 02'
I
20714 ST
BLK 84
PTTh
I BLK 149 I t
N
OTS'49'E
NO37 735 "E(R)
215T STD
L 1 C7
li
n o
I-r-, / a I
Lo
1_ IN/ BL}< 107
, to --
fir /
0 /
} I ) i
/
o a, / FOUND LEAD & TAG STAMPED TOTAL PARCEL AREA
- 1 / SD CITY ENG" PT. 1278 PARCEL 1 AREA = 2.48 ACRES
P.°.° = , 29 286 27 EXHIBIT " B "
E= 6, 298, 041.27
U
1\1 A P
B_K 85
318
BLK 45
BLK 86
I
r
1
22ND ST.
SCALE 1"=200'
N
V
5
15092 AVENUE OF SCIENCE, SUITE 200
SAN DIEGO, CA 92128
P: 858.3E15.0500 WWW.NV5.00M
MOUGA
PARADISE CREEK PARK
NATIONAL CITY
SHEET NUMBER
1
OF 2 SHEETS
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
-17-
/IV
SCALE 1 "=80'
19TH ST.
L4
T P.O.B.
0
O
20771 Si
BLK 83
rn
of
co
S 1746 "09 "E
S7275'30"W 290.00'
PARCEL 1
NATIONAL CITY
MOUGA
PARADISE CREEK PARK
1\/1AP 348
BLK 84
/7-
•
115.26'
N7274 26"E
cj'
Q �\
LJ7
S72'14'48"W 195.00'
HOOVER AVE
r
Curve #
Delta
Radius
Length
C 1
21 03'09 "
36.00
13.23
C2
132 21 '46 "
84.00
194.05
C3
21 '17 23"
36.00
13.38
LOT 5
BLK 45
L7
N20 52'00'E
132.80'
N37 25 28' E
70.03'
BLK 45
LINE
BEARING
LENGTH
L 1
N7274 261E
86.05
L2
N174432"W
40.00
L3
N7273 55 E
2.00
L4
N727921'E
742
L5
N19 44'16 E
52.25
L6
N2336'04 E
37.08
L7
S72'1528"W
25.42
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
2
OF 2 SHEETS
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 8-
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