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HomeMy WebLinkAboutCity Council Resolution 21-068 Approving Hakone Foundation app for Heritage Grant - Roof Rehab-RestorationRESOLUTION NO.21-068 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING HAKONE FOUNDATION'S APPLICATION FOR A COUNTY OF SANTA CLARA HISTORICAL HERITAGE GRANT FOR MON ROOF REHABILITATION/RESTORATION PROJECT IN THE HAKONE GARDENS PARK WHEREAS, the County of Santa Clara ("County") has established the Historical Heritage Grant program to promote historic preservation and the awareness of significant cultural, historical, and archaeological resources within Santa Clara County ("Grant Program"); and WHEREAS, the County funds the Grant Program with County Park Charter Development Funds, which must be used for the development of real property for county park purposes; and WHEREAS, the Hakone Foundation ("Applicant") proposes that the County award Grant Program funds for the Mon Roof Rehabilitation/Restoration project ("Project") in the Hakone Gardens park ("Park") located at 21000 Big Basin Way; and WHEREAS, the County requires that the property on which the grant -funded project is located be continually used for park purposes for a minimum of 20 years and be open to all Santa Clara County residents on a non-discriminatory basis; and WHEREAS, the Applicant operates the Park under a lease agreement ("Lease") with Owner that grants Applicant full authority to operate the Park for park purposes through August 31, 2075; and WHEREAS, Applicant is required pursuant to the Historical Heritage Grant Program Procedural Guide to designate a legally authorized representative to administer the Project and to execute the Grant Funding Agreement ("Grant Agreement"), along with any amendments thereto, on behalf of the Applicant; and WHEREAS, the City of Saratoga ("Owner") has reviewed the proposed Project and hereby determines that it is consistent with and authorized by the Lease and that no further approvals are required by the City in its capacity as Owner and that no discretionary approvals from the City are required for the project; and WHEREAS, to provide additional assurance as to compliance with the Grant Program requirements, the County requires that the Owner execute the grant agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby makes the following determinations: 1. The Project is located on land that will be continually used for park purposes for a minimum of 20 years and, subject to Constitutional limits on appropriations for future years, confirms that the Lease allows the Applicant to operate the Park to be open to all Santa Clara County residents on a non-discriminatory basis; and 2. The City of Saratoga has reviewed the proposed Project and hereby determines that it is consistent with and authorized by the Lease and that no further approvals are required by the City in its capacity as Owner and that no discretionary approvals from the City are required for the project. The City of Saratoga hereby delegates authority to the Hakone Foundation Executive Director to sign and submit the Grant Application to the County, to negotiate, execute, amend, or terminate the Grant Agreement and any other agreements in relation to the Historical Heritage Grant Program, and authority to administer and carry out all terms and conditions of the Grant Agreement and related agreements including, but not limited to, taking any all other necessary actions to complete the Project. 4. By delegating such authority to the Executive Director of Hakone Foundation, the City of Saratoga acknowledges, agrees, represents and warrants that the execution of the Grant Agreement and amendments related to the Grant Agreement by the Executive Director of Hakone Foundation binds and obligates the City of Saratoga to comply with all terms and conditions of the Agreements and any amendments without the necessity of additional approvals or conditions; The City of Saratoga has had the opportunity to seek the advice of its own legal counsel and other professionals in connection with the Grant Agreement and the Historical Heritage Grant Program Procedural Guide. 6. The City of Saratoga hereby approves Hakone Foundation's application for the County's Historical Heritage Grant Program funds for the Mon Roof Rehabilitation/Restoration Project in Hakone Gardens Park. BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby approves Applicant's application for County's Grant Program funds for the Mon Roof Rehabilitation/Restoration Project in the Hakone Gardens park. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 151h day of September 2021 by the following vote: AYES: COUNCIL MEMBERS BERNALD, FITZSIMMONS, KUMAR, VICE MAYOR WALIA, MAYOR ZHAO NOES: NONE ABSENT: NONE ABSTAIN: NONE Yan hao, Mayor ATTEST: D DATE: Britt Avrit, City Clerk