FULL AGENDA PACKET 2021-07-06 - Laserfiche WebLink

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Exhibit 4 (d) Grantcc presently owns, or is cuncntty tenant to an appropriate long-term lease of, the property on which the Mini Pitch will be built. An appropriate long-rerin lease shall tmcan a Icasc of at least ten (10) year; in length following the Effective Date- (C) Prior to conunencim, installation of the Mini Pitch, Grantcc will Obtain, or shall assisl (where necessary) in obtaining, all permits, authoriz:uionS and consenlS bent third parties, including governmental entities, necessary for the installation of the Mini Pitch. 6. Facts and Representations True and Correct: Grantee hereby affirms the representations made in its conversations and communications with Foundation are true and correct and that Foundation may rely upon the truth and ennectncs of the representations made in all Convervations and communications regarding this Grant Pruicct, without further indepCndcnt investigation. GntruCC further affirms that it has not omitted any material lacts, the knowledge of which would atlrersely impact the awarding of Grant to Grantee. Grantee avows that no adverse events have occurred Since the latest communication which have materially and advC[scly alta'C(l the anth or reliability Of the Grant Projcct, includink du tax StanlS of Grantee and the t_h,tnree's ability to allow successful completion of the Grant Project. Grantee ann-ees to inuiredlalcly inform the tonndatlon within fife (5) bnsillCSS days Of ally 111alc1lal Challgc, in Granice or the Grant Project, which might affect any terns of this Agreement. 7. Grantee Rooks and Records: GraniCe agreeS to maintain Sufficient operating and financial books, records and related documentation regarding the activities of Grantee and other evidence sufficient for Fmurdation to Satisfy its fiduciary, public and govcr mental iesponsibititics and duties. Fuuudation shall have reasonable access to the books and records of Grantee for inspection purposes and shall be entitled to copies, as they relate to the Grant Project. 8. Installation of the Mini Pitch. At least thirty (30) days prior to installanon of the Mini Pitch (`Installation"), Foundation and Grantee will agree in writing on a rntuually acceptable process for Installation including a lime utblc, exchange of ltcccssary infornwtion for hmtallation, safety prccaunons, and any planning or building rcgLlircmcnU necessary to comply with appllcablc laws including but not limited to permits, traffic safety, park safety, design and construction considerations. Any failure to a_.rec on any substantive term will be grounds for either Party to terruinatc this Agreement with fuurlecn (14) days' nolicv to the other Party. The Parties will both make bcsl effurts to resolve any disagirccrnents and facilitate Installation. 9. Grantee RennrtS: (a) Impact Retorts: Following colnplclion of the Mini Pitch Grantcc shall cumplctc to Poundalion a report, provided by the Foundation, describing the impact of the Mini Pitch. Such report Shall be submitted to Foundation annually, for five (5) years after completion of the Mini Pitch and Shall include photograph; of the Mini Pitch in use by youth Soccer players and provide 111forrnation on play space usage rates, -stories n[' impact rm the cnmrnunity, and any other infonnalion reasonably requested by Foundalion. (h) Site Visits: Grantee will use its hest efforts to acconutlodate any representative of Foundation Who r'egUCSR t0 Conduct a SitC visit, at the SOIC Cost Of Foundation, for the llurpo.ie3 (if collecting inlhnnation ahoul. the Grant'x impact. (c) Phntofrrauhs/Videos/Stories/'I'estinuutials: In addition to submitting digital photographs, videos, stories and testimonials relating to the Crant Project in the aforementioned Impact RCporls, fire GrurleC ;hall submit Ilic SaznC to the Foundalion upon ra)ucst by the Foundation, including before antl afierphulographs. bosh in daytime anti at night, of the Mini Pitch rile area. City Council 10 — 10 7/6/2021