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HomeMy WebLinkAboutC-972 - Reimbursement agreement for Eastbluff ParkASSIGNMENT THE BLUFFS, a limited partnership, hereby assigns and transfers all of THE BLUFFS right, title and interest in and to that certain reimbursement agreement between THE BLUFFS and the CITY OF NEWPORT BEACH, a municipal corporation, dated June 17, 1965, as amended by Amendment No. 1 to reimbursement agreement dated August 9, 1965, copies of which are attached hereto as Exhibit A, to IDH, a Joint Venture, between IDS MORTGAGE DEVELOPMENT CORPORATION, a Nevada corporation, and GEORGE AND WILLIAM HOLSTEIN CO., INC., a California corporation. Dated: January 2, 1969 d ; a ,� 4 THE OFFS III A Litited Partner -1i J , by _! 1 LI I' i i 1 0 4r GEORGE AL HOLSTEM a SONS f GENERAL CONTRACTORS ■ "THRIFT CORNER' -170 EAST 17TH ST., COSTA MESA, CALIF, D(W8 (714) 0014M January 14, 1969 Mr. George Papas, Financial Director City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Re: The Bluffs' Assignment to I.D.H., A Joint Venture Dear George: I am enclosing herewith a copy of an assignment of The Bluffs' Reimbursement Agreement due from the city of Newport Beach dated January 2, 1969. The joint venture referred to in the assignment is I.D.H. It would be greatly appreciated if you would amend your Reimbursement Agreement so that I.D.H., A Joint Venture can reflect this assignment and show as the payee on all your future warrants. If this assignment does not meet with your requirements, it would be appre- ciated if you would advise us so we may provide you with any additional documentation which might be required. If you are in agreement with the requirements, your acknowledgement of receipt and approval of this document will be sufficient. Very truly yours, GEORGE M. HOISTE SONS N. Ewart, Jr. Controller cc: William S. Holstein EIVED AN1� APPROVED i ABOVE r.ra•'M,:fJT AP_ROVED CiY: CITY ! :l; {.: y � y: �- AS T.. George Pa s, Finaneial Di ct i 9 CITY OF NEWPORT BEACH CITY ATTORNEY Department TO: George Pappas Finance Director FROM: City Attorney q DATE: January 24, 1969 SUBJECT: Bluffs Assignment to IDH, a Joint Venture As requested by my letter dated January 17, 1969, a copy of which was routed to you, we have received a corrected copy of the assignment of The Bluffs' Reimbursement Agreement with the City to IDH, a Joint Venture. I have indicated my approval of the form and am returning same to you. THS :mh Encl. 4 � ., , d TULLY H SEYMOUR City Attorney j .-<Z�j a 1 0 GEORGE M. HOLSTEIN A SONS ■ GENERAL CONTRACTORS IS "THRIFT CORNER" -170 EAST 17TH ST., COSTA MESA, CALIF, 82627 ■ (1141 642-666 i January 21, 1969 City of Newport Beach 3300 Newport Blvd Newport Beach, California 92660 Attn: Mr. Tully Seymour Dear Mr. Seymour: Re: THE BLUFFS Assignment to IDH, A Joint Venture Per your request I have corrected the Assignment of the City Reimbursement Agreement to THE BLUFFS to show Assignee as IDH, a Joint Venture, between IDS Mortgage Development Corporation, a Nevada Corporation, and George and William Holstein Co., Inc., a California Corporation. Enclosed is a copy of this Assignment for your files. Please have all future warrants show IDH, a Joint Venture, as payee. Very truly yours, THE BLUFFS William S. Holstein WSH:jd Enclosure i ✓qA u / &6S 1 JI �ti 1'. REStlLUT-LO N ;4N. 6204 . 21 A RESOLUTION OF %ME CITY COUNCIL OF THi PITY OF 3$1POItT BEACH ek1 T"IZING M MOUTION OF A-IV 3 f AMEI3t1 ENT TO RE!%B0 NT AGWAMM $ET4r'EEN THE 4 CITY OF A1RWPM, -' BELCH AXD TH E BLIiM 5 6d`eL&ZAS, the t;ity of Newport Beach and The Blu ffs are 6) � pa.= to a Reimbursement Agreement dated the 17th dap of dune, ;vc:r t:lw i,,, zovement of Eastbluff Park; and `HEkW, avid agreement makes no provision for the re- 9 ! ilbur3:�z;eztt of the Developer for the cost of preparing plans and 10 specifications for the improvement of said public park site, and is the mutual desire of the parties to amend said agreement to 12J1 PrOvlcl:•e for such reimbursement; and 13II , :'ice 85 there has been presented to the City Council are 14 ,' eri t to Ra mburs€m -31:t Agreement Between the City of Newport 1511 -ieac.h and The Bluffs revising paragraph S of said r %simbursaaent 161 Agreemen,, to provide thga' the City will reimburse the Developer 171 for the cease of cde.ign ng area preparing plans and specifications 18!i for the project if a contract for the project is awarded; and 19 WHFAUAS, the City Council has considered the terms and 201 conditions of said agreement and found them to be reasonable and I' 21ii equitable; 22j1 NOW, THEREFORE, BE IT RESOLVED that said agreement be 231,1 approved and the Mayor and City Clerk are hereby authorized. and 2411 directed to execute the same on behalf of the City of Newport Beach, 25!; ADOPTED this 9th day Of August 1965« 11 ITT r:ST,. mayor � r 281! `t � _..��.. •. ,. , � _ 29:! y ei 30 31 J! 32 I' i' I I I I TH :mec 7/W65 (8) 1 AMENDMENT TO REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE BLUFFS 2 —._ . i 31 THIS AGREEMENT, made and entered into this `�U` day of 4' August, 1965, by and between the CITY OF NEWPORT BEACH, a municipal 5�1 corporation, hereinafter referred to as "City ", and THE BLUFFS, a 61 limited partnership, hereinafter referred to as "Developer "; 7 WITNESSETH: 8II WHEREAS, the parties hereto have heretofore entered into 9111i``a Reimbursement Agreement dated the 17th day of June, 1965; and 10l WHEREAS, it is the mutual desire of the parties to amend 11 the agreement to provide for the reimbursement of Developer for the i 12 cost of preparing plans and specifications for the improvement of 13 the public park site located in the Eastbluff area of the City; I 14 NOW, THEREFORE, it is mutually agreed between the parties 15 that paragraph 5 of said Reimbursement Agreement is hereby revised 16 to provide as follows: 17 "5. Upon the award of the contract for the construction of the improvements, the Developer shall pay to City a sum 18 equivalent to the amount of money which the City is obligated to pay to the successful bidder for completion of the project. 19 Payment to the City may be made by an irrevocable letter of credit in a form acceptable to the City Attorney. City agrees 20 to reimburse Developer for the costs of designing and pre- paring plans and specifications for the project if a contract 21 for the project is awarded. The exact amount of money to be reimbursed to Developer shall be based upon an itemized state - 22 ment in a form acceptable to the City; however, said reim- bursement shall not exceed the sum of $ /O S OO.OQ" 23 2411 IN WITNESS WHEREOF, the parties hereto have executed this 25 agreement as of the day and year first above written. 26 CITY OF NEWPORT BEACH 27 1 ATTEST: -- ° /G��' -r�i4 r 28 s , . �.,. , u- . �c.� Mayor 29 City Clerk CITY APPROVED AS TO FORM: 30 31 /Ve ity Attorney 32 THE BLUFFS By is ut ori�gent DEVELOPER aJy7 /oa (12) I 1' 2, i 3� 4 5i 6 71 8• c 1C 1] 1� 1; 1� 1: lE 1. if I� 2C 21 24' 21 24 2: 2E 27 2E 29 RESOLMION NO. 6167 A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF NXWPORT BEACH AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT WITH THE KX"S FOR THE IMPROVEMENT OF EASTBLUFF PARK WHEREAS, the City of *wport Beach is the owner of a park site in the Eastbluff °-rea of the City Where the resod exists for a public park; and WHEREAS, The Bluffs, the developer of a planned residen- tial casaaunity in the area surrounding said park site, has offered to loan the City sufficient funds to pay for the improvement of said park site as a public park and the City is willing to reimburse said developer from the tax revenues accumulated in a special capita outlay fund pursuant to Chapter g of Article VI of the Newport Beach Municipal Code; and WHEREAS. there has been presented to the City Council a ,reimbursement agreement between the City and The Bluffs providing for the improvement of said public park and payment therefor as Ihereinabove mentioned; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be reasonable and equitable; NOW, THEREFORE, BE IT RESOLVED that said reimbursement agreement be approved and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. 3011 ATTEST: 31 32 ADOPTED this !'.' day of _ , 1965. Mayor y.... er. THS:mec 6/16/65 a 4 REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1965, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and THE BLUFFS, a limited partnership, hereinafter referred to as "Devel- oper "; WITNESSETH WHEREAS, a need exists in the Eastbluff area of the City of Newport Beach for a public park; and WHEREAS, The Irvine Company has conveyed to the City a park site consisting of 13.70 acres of unimproved land located in the Eastbluff area of the City which is shown on Exhibit A attached hereto and made a part of this agreement; and WHEREAS, Developer is in the process of building a planned residential community in the area surrounding said park site on land which it has leased from The Irvine Company; and WHEREAS, Developer is interested in having said park site improved as a public park as soon as possible and has submitted a proposal to City to loan the City sufficient funds to pay for the cost of improving said park site as a public park in accordance with the City's requirements and in conformity with the proposed development plan for Eastbluff Park which is attached hereto as Exhibit B and made a part of this agreement; and WHEREAS, the City has adopted Ordinance No. 1091, adding Chapter 8 to Article VI of the Newport Beach Municipal Code, which levies an excise tax on all new buildings constructed in the City and provides that the proceeds from the tax shall be paid into a special capital outlay fund which may be used for the purpose of constructing improvements in and equipping public parks; and WHEREAS, the City proposes to reimburse Developer for the funds advanced to the City for the improvement of the Eastbluff • t Park site from the tax revenues accumulated in said capital outlay fund; NOW, THEREFORE, in consideration of the mutual promises and conditions herein contained, it is agreed between the parties as follows: 1. Developer agrees to design and to prepare plans and specifications for the development of a public park on the site shown on Exhibit A in conformity with the general plan of development as shown on Exhibit B. Developer will cause plans and specifications to be prepared for the following improvements: (a) Grading (b) Drainage (c) Automatic sprinkler system (d) Landscaping (e) Driveways, walks and paths (f) Restroom building with complete equipment and connections to public utilities (g) Baseball diamond and backstop (h) Ground lighting 2. The plans and specifications will be submitted to the City, together with cost estimates for each phase of the im- provement work. After review by the City administrative staff, the cost estimates, plans and specifications shall be submitted to the City Council for its consideration. If the cost estimates, plans and specifications are mutually acceptable to the City Coun- cil and the Developer, the City will then proceed to prepare the documents necessary to call for public bids for the improvement of Eastbluff Park, hereinafter called the project, which shall be subject to written final approval by the Developer. Following such approval, City will proceed to call for public bids for the project in accordance with the requirements of Section 1110 of the City Charter relating to contracts on public works. -2- ! 0 3. Either party shall have the right to terminate this agreement upon ten (10) days` written notice to the other party at any time prior to the written approval of the bid documents by the Developer. In the event of termination, the City shall incur no liability to reimburse the Developer for any costs it has expended and each party shall assume its own costs. 4. It is mutually agreed by the parties that Developer may submit a bid for the improvement project; however, the con- tract will be awarded to the lowest responsible bidder. The City Council reserves the right to reject all bids, if it determines that the amount of said bids is excessive, and to abandon the project or to order the plans and specifications revised. If the City Council orders the plans and specifications to be revised, the procedure outlined in paragraph 2 shall again be followed. 5. Upon the award of the contract for the construction of the improvements, the Developer shall pay to City a sum equiva- lent to the amount of money which the City is obligated to pay to the successful bidder for completion of the project. Payment to the City may be made by an irrevocable letter of credit in a form acceptable to the City Attorney. 6. Developer agrees to assume responsibility for the cost of the following portions of the drainage improvements shown on the plans: (a) 40 feet of pipe extending westerly from the westerly property line of Vista del Oro. (b) The outlet structure at the end of the pipe extending westerly from Vista del Oro. (c) The inlet structure at the westerly end of the park. (d) The improvements carrying storm water from the inlet at the westerly end of the park to the bay. -3- a • The costs of the above drainage improvements will not be included in the amount to be reimbursed to Developer by the City. The cost of the remaining drainage improvements within the park is under- stood to be the responsibility of the City, and will be included in the amount to be reimbursed. 7. In consideration of the payment to be made to City by Developer, City agrees to diligently proceed to collect from the owners or developers of property within the City of Newport Beach the excise tax created by and set forth in Chapter 8 of Article VI of the Newport Beach Municipal Code and to reimburse Developer from the capital outlay fund described in Section 6810 of the Newport Beach Municipal Code, without interest or any other added charges of any kind, upon the following basis; (a) Upon completion of the improvements and their acceptance by the City Council, the City will pay the Developer an amount of money equivalent to 20% of the total sum loaned to City by the Developer. (b) The balance of the amount owed to the De- veloper shall be paid in ten (10) equal installments payable semiannually over a five -year period. The first semiannual payment shall be due and payable six (6) months after the acceptance of the completed improvements by the City Council. However, in the event there are not sufficient funds available in the capital outlay fund created by Section 6810 to com- pletely reimburse Developer within the aforesaid five - year period, the time for payment shall be extended until such funds become available. Developer may upon reasonable demand make an audit of the revenue collected as excise taxes pursuant to Chapter 8 of Article VI of the Municipal Code, at its sole expense, to determine -4- 0 0 the amount of tax money collected by the City and the amount avail- able for reimbursement to it. City agrees that the hereinabove- described payments to Developer as they become due shall be a first charge upon said capital outlay fund and shall have priority in payment over any other projects which are being financed from said fund. 8. The obligation of the City under this agreement to reimburse Developer shall not be a lien, charge or encumbrance, legal or equitable, on any City property or upon any of the income receipts or other revenues of the City, other than those specific revenues derived from the excise tax placed upon property devel- opment by Chapter 8 of Article VI of the Municipal Code. 9. In entering into this agreement the parties recog- nize the fact that the present City Council cannot guarantee that a future City Council will not repeal the excise tax set forth in Chapter 8, Article VI, of the Newport Beach Municipal Code; they also acknowledge that said excise tax could be repealed by a vote of the people through an initiative measure or that said tax could be eliminated by a legal action in the courts. However, the City Council desires to state as a matter of policy that it recognizes a strong moral obligation on the part of the City to continue said excise tax in effect until the Developer is fully reimbursed for the funds loaned to the City in accordance with the terms of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. CITY OF..,NEGIPO�tT ,iEAJ ATTEST: By ��. (` { Mayor City Clerk CITY APPROVED AS TO FORM: THE BLUFFS / 4-A4 Z/ By Cit ttorne Its Authorized Agent DEVELOPER -5- 0 on/ OG� I X90 �4 ?0% .v0 scoLE O.� BLOCK S2 � OF � a 1 1 9 a r p G I 4 _ 5$• a. CN$8 93 30, nq2� �h• 9,m a4 o0a1% � y21` a ^• � � JCf/OOL OCR °EdGE .¢ass= /4.oaAc .UET v /S.70AC OFF. Z ._7C. 6,Y 7522 P6• /G6 PUBLIC WlOR14S DER E/I S 7 O`.JL OLD O��L 9-y0G� 22,23 S, 1� II II I II I II II I 11 II I I I I II II fl II II II II 14 1' I / 30.00' DATE APPROVED >! /,%i A (� ASST. PURL C WORKS DIRECTOR R.E. NO.)--'C'06 DRAWING NO. 2 /W- 5057`L -. .. EXHIBIT A 9• _ L 22.GGIi3" 3 3 9 � JCf/OOL OCR °EdGE .¢ass= /4.oaAc .UET v /S.70AC OFF. Z ._7C. 6,Y 7522 P6• /G6 PUBLIC WlOR14S DER E/I S 7 O`.JL OLD O��L 9-y0G� 22,23 S, 1� II II I II I II II I 11 II I I I I II II fl II II II II 14 1' I / 30.00' DATE APPROVED >! /,%i A (� ASST. PURL C WORKS DIRECTOR R.E. NO.)--'C'06 DRAWING NO. 2 /W- 5057`L -. .. EXHIBIT A u TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. 972 0 Date August 16, 1965 Authorized by Resolution No. 6167 adopted on June 17, 1965 Date Mayor and City Clerk executed Contract Effective date of Contract June 17, 1965 Contract with The Bluffs Address P. O. Box 1278 June 17, 1965 Newport Beach, California Brief description of Contract Reimbursement Agreement with The Bluffs for the improvement of Eastbluff Park. Amount of Contract - C - L'S'_ CitA Cle 0 TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. Amendment to Contract No. 972 Date August 16, 1965 Authorized by Resolution No. 6204 , adopted on August 9, 1965 Date Mayor and City Clerk executed Contract August 12, 1965 Effective date of Contract August 9. 1965 Contract with The Bluffs Address P. O. Box 1278 Newport Beach. California Brief description of Contract Amendment to Reimbursement Agreement with The Bluffs for the improvement of Eastbluff Park to pro- s for the cost of preparing plans and specifications to e veloper. Amount of Contract Not to exceed the sum of $10, 500. City Jerk To From CITY OF NEWPORT BEACH City Clerk City Attorney CITY ATTORNEY D : Q TRENT August 6, 1965 Subject: Amendment to Reimbursement Agreement with The Bluffs The attached resolution, if adopted by the City Council, will authorize the execution of an Amendment to Reimbursement Agreement Between the City of Newport Beach and The Bluffs. A copy of said proposed amendment is also transmitted herewith. This amendment would revise paragraph 5 of the Reimbursement Agreement between the City and The Bluffs dated June 17, 1965, to provide for the reimbursement of the Developer for the cost of preparing the plans and specifications for the improvement of Eastbluff Park which was not included in the original agreement. The document has been sent to Mr. Paul Rife to obtain its execution on behalf of The Bluffs. It is anticipated that it will be received in time for presentation to the City Council at the meeting on August 9. Tu Tully Jr. Seymour! THS :mec City Attorney Encs. cc - City Manager Public Works Director P.B. & R. Director Finance Director C 0 U hl;, i L: A2.Gc�.c�.k1 DISPOSITION: /%1— '''y`��. GLn, cLYn FILE: �GV�c Mr. Paul Rife The Bluffs 2414 Vista Del Oro Newport Beach, California Dear Paul: 0 NEWPORT BEACH July 30, 1965 City Han 3300 W. Newport Blvd. Area Code 714 673.2110 Transmitted are the original and two copies of the agreement we discussed over the telephone which would make provision for reimbursement of The Bluffs for costs incurred to design and prepare plans and specifications for the proposed Eastbluff Park. You will note that the amendment provides a blank space for the maximum amount to be reimbursed to the Developer by the City. As I recall, the figure you mentioned was $6,000..- If my recollection is correct, that figure should be inserted in the blank. It is anticipated that the amendment will be presented to the City Council for its consideration at the meet- ing of August 9. Therefore, if the wording meets with Mr. Holstein's approval, we request that he execute the agreement in duplicate and return it to this office several days in advance of the meeting so that we can place the matter on the Council agenda. Very truly yours, Tully 0 Seymour THS :mec City Attorney Encs. 4 To: From: Subject: 0 6 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT City Clerk City Attorney June 17, 1965 Reimbursement agreement for Eastbluff Park improvement The attached resolution, if adopted by the City Council, will approve the reimbursement agreement with The Bluffs for the im- provement of Eastbluff Park and authorize its execution on behalf of the City. Six copies of the proposed agreement, which the Financing of Capital Improvements Committee is recommending to the Council for approval, are also transmitted. You will note that Exhibits A and B described in the second and fourth "WHEREAS' clauses are not included. These should be obtained and attached to the agree- ment. THS :mec Encs. cc - City Manager Public Works Director P. B. & R. Director Finance Director a_ +� Tully Se Seym City Attorney P=?': 1 RE V My U.. G{lY (rF J.. CITY OF NEWPORT BEACH • June 16, 1965 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: Financing of Capital Improvements Committee SUBJECT: EASTBLUFF PARK PROPOSAL RECOMMENDATION: Approve reimbursement agreement with The Bluffs for the development of Eastbluff Park and authorize its execution by the Mayor and City Clerk. DISCUSSION: Attached is a proposed reimbursement agreement for the development of Eastbluff Park as prepared by the City Attorney. This agreement has been reviewed by this committee with The Bluff's representatives and approved by both parties. This matter is being referred to you for consideration at this time because Council action on it will affect budgeting for the 1965 -66 fiscal year. The proposed budget anticipates development of the Park as proposed by The Bluffs:and approved in principle by the Council. Please note that this agreement provides that the Park development plans and specifications be submitted for public bid. The agreement also provides that the annual payments due The Bluffs shall be a first charge on building excise tax revenues and take priority over all other projects financed by these revenues. Execution of this reimbursement agreement will authorize the devel6per:to finalize the Park development plans and specifications for their submission to the City Council for its consideration and action. Financing of Capital Improvements Committee Doreen Marshall, Chairman Dee Cook Donald E. Elder cc: City Manager / City Clerk Y C -972 See Contract File for Landscaping details