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HomeMy WebLinkAboutC-1367 - Water system capital improvement, reimbursement agreementTO: MM: SUBJECT -6 FINANCE DIRECTOR City Clerk of CITY OF NEWPORT BE III., Contract No. 0-1367 CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673-2110 RATE Jule 23, 1971 Description of Contract -Water System Capital MWrvvemwrt Falsbumem* - Agreement between the City and the Irving C=qw Authorized by Resolution No. 7450 -, adopted on Jule 14, 1971 Effective date of Contract June 17, 1971 1010j7V MR K-AM- j - i Amount of Contract — See Omtract CITY CLERK June 17, 1971 PUBLIC WORKS DEPAMI-M CITY CLERK ;1ATER SYS7'D! CAPITAL IMPROV=P 'T RET,, URSEtTW PPREEMENT 317P.dEEN THE CITY AND TIM IRVINE COMPANY, C -1367 Attached are two copies of the subject agreement for transmittal to the developer, The Irvine Company. Pape 5 calls for the ?railing, address of the developer but such address is not filled in. Please get that information for us so that we can fill in the blanks. Laura. Lagios City Clerk LL:swk enc. cc: Finance Director L?, -/��7 WATER SYSTEM CAPITAL IMPROVEMENT REIMBURSEMENT AGREEMENT THIS AGREEMENT is made as of this I '/ r day of .T v w a, , 19 7$, between the CITY OF NEWPORT BEACH, a municipal corporation ( "City "), and THE IRVINE COMPANY a West Virginia corporation, ( "Developer "). I. RECITALS 1.01 This Agreement is made between City and Developer with reference to Ordinance No. 1209 of City, entitled "An Ordinance of the City of Newport Beach Adding Chapter 14.33 to the Newport Beach Municipal Code Establishing a Procedure for Financing the Expansion and Development of the City Water System in the Undeveloped Areas of the City ". which Ordinance was adopted by.the City Council of City on March 13, 1967. 1.02 Developer has completed installation of certain "Master Plan" water service facilities in accordance with the "Water System Master Plan" adopted by the City Council of City. 1.03 Pursuant to Section 14.33.070 of Ordinance 1209 referred to above, City has established a "Water System Development Fund" as described therein and the moneys deposited and to be deposited therein are available for reimbursement of costs of design and construction of "Master Plan" water service facilities incurred by persons, such as Developer, who have constructed such facilities and transferred them to City. 1.04 It is-the intention of City and Developer to establish by this Agreement the terms and conditions pursuant to which City will make reimbursement to -1- ft r-� �i Developer from such Water System Development Fund for design and construction of "Master Plan" water service facilities, which Developer shall from.time to time complete and transfer to City. II. AGREEMENT AS TO DETERMINATION OF AGGREGATE REIMBURSABLE COST 2.01 City and Developer agree that Developer.has completed to date, and delivered to City, and...City.has— accepted "Master Plan" water service facilities with a cost to Three hundred twelve Developer of thousand, three hundred..and- fifty ..Dollars ($ 312,350.00 ). Such cost is broken down and itemized in Schedule "A" attached hereto. 2.02 The sum of such cost to Developer,.plus any additional costs of design and construction for installations completed prior to the effective date of this Agreement shall be deemed to be Developer's "aggregate reimbursable cost" hereunder, and such "aggregate reimbursable cost" shall be computed as of December 31 of each year. III. AGREEMENT AS TO PROCEDURE FOR REIMBURSEMENT 3.01 As of December 31 of each year, the original contract amounts of all outstanding reimbursable contracts shall be totaled and the percentage which each individual contract bears to this total shall be computed. Concurrently, all Water Capital Improvement charges collected, pursuant to Section 14.33.040 of Ordinance No. 1209, received in the twelve (12) months immediately preceding December 31 of the year in question shall be totaled and any amounts used or encumbered by the City to pay for design and construction of "Master Plan" facilities constructed by the City shall be deducted. The funds remaining after said deduction shall be available for distribution in accordance with the provisions -2- of Section 3.02. 3.02 On January 31 of each year ninety -five (95) per cent of the available Water Capital Improvement charges for the prior year, as determined in Section.3 -01 above, shall be paid out to the reimbursement contract holders on the following basis: Each individual contract holder shall be paid a share of the total available.funds based upon the percentage formula described in.S.ection.3_ 0.1- above; provided, however, that if the City.has advanced funds from any source other than the Water.S.ys.tem Development Fund to pay for the design and /or construction of Water System Master Plan facilities, the City shall be reimbursed for said advance of funds at the same time and in the same manner as the reimbursement contract holders with the exception that the City shall have ... a.£irst priority claim for reimbursement over the other reimbursement contract holders to the extent of 25% of the funds available for reimbursement. Reimbursement payments based upon the calendar year 1970 shall be distributed as soon after execution of this agreement as is feasible based upon the procedures hereinabove set forth. IV. GENERAL PROVISIONS 4.01 This Agreement may not be terminated by Developer or by City so long as Developer is engaged in design or construction of any unit or segment of "Master Plan" water service facilities and /or so long as any portion of Developer's "aggregate reimbursable cost" for any completed unit or segment of such facilities shall not have been paid in full, but shall otherwise be terminable by either party upon sixty (60) days written notice to the other; except, however, that this Agreement shall automatically terminate,. -3- twenty -five (25) years from the date of execution unless extended by mutual consent of both parties,sand City shall,: have no obligation to make further reimbursement at the _ end of such twenty -five (25) year period.` 4.02 City assumes no obligation, and makes no covenant, to make any reimbursement or other payment to Developer except from moneys collected by City as "water capital improvement charges ", as defined in Ordinance No. 1209, and required to be held by City in the Water System Development Fund provided for in such.Ordinance. 4.03 City agrees to continue to collect such "water capital improvement charges" and not to reduce the amount or method of computation of the same, by amendment or repeal of Ordinance No. 1209 or otherwise, so long as this Agreement shall remain in effect without the prior written consent of Developer. 4.04 Developer shall have the right to assign its rights to receive reimbursement payments hereunder, or any portion thereof, to others upon written notice to City of such assignment, giving the name, address and amount to be paid to the assignee, such notice to be delivered to City not less than ten (10) days prior to any date for payment hereunder. 4.05 If, after a period of twelve (12) months from the date any payment is to be made, Developer has failed to claim the reimbursement tendered Developer by City under the terms of this Agreement or has failed to advise City of Developer's whereabouts or of the disposition to be made of the reimbursement payment, the reimbursement payment shall be forfeited. am ft ft 4.06 Notices to City may be addressed as follows: City of Newport Beach Attention: Public Works Director City Hall 3300 Newport Boulevard Newport Beach, California 92660. Notices to Developer may be addressed as follows: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 All such notices shall be deemed received upon receipt, or, if mailed in the County of Orange, forty -eight (48) hours after mailing, postage prepaid, registered or certified mail, return receipt requested. Either City or Developer may change its address for notices by written notice to the other party so given. The parties have caused this Agreement to be executed as of the day and year first above written. Approved as to form: �r 2tM&M0%- City Atto ey ✓ Approved as to content: DEVELOPER 7z By: Position: 4 / By: ASSISTANT SSISTANT CITY OF NEWPORT BEACH By: Mayor ity Clerk -5- I hereby certify under penalty of perjury that the above Agreement was approved by resolution of the City Council of the City of Newport Beach adopted at a regular meeting of said Council held on the 14th day of June 1 19 71 by the following vote, to wit: AYES, Councilmen: McInnis, Kymla, Rogers, Hirth, Croul, Parsons NOES, Councilmen: None ABSTAIN, Councilman: Dostal ABSENT, Councilmen: None Dated at Newport Beach, California, this 17th day of June , 1971 THS:adw 4/30/71 •.tom • 1 3 .... 7 Y a � ' w a K V w ;aC- O"C Y -n r") „ ' CL O w O O Y w Y w rD O v Y w w w H• w r' rD 3 N (D rD 0 3 rD d 3 t0 c 1L] Y V rD rD r • 1 3 .... 7 j 1 3 3 ... 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O Co o O C-) O N N C y w 0 I ID c v c Y rD N D rD ' 3 rr O 3 n 0 9 v w 'c 0 O Y 3 a N M rD Y m X v x a w 3 r-r rw-+ a M x s T w 0 J J• r+ rD N n O 3 r+ a 0 r+ 0. 3 7 j C+ O z rD 0 0 Y t'f co rD a • i� i 7,150 k,,SCA ITION OF -117M C17Y* 1'.:: MCIL OF TUE.' CITY r SC M "NWM'"'! _Lo'! T HE =C 'UTICU OF z F 1, i- Z. AQRZ,;H"1_'NT pl�",'!;f,�d,! C111"t., IV NMWQR�i: BEACH aND Tim IRVIM:1 C o:. trattr d to the City COUA-cilj. the City System c-apit-i-I XmP.-ovement `11y_ L .. I I -i!7 the e of Uawport Se;ich and ir y Council r3 ,n conzidered t_ mrms and c -ond ­­ ,.m q - of ct. anri fow�_ them f- i I r and NOW* 1101i: IT RLSOIKAMI by tha City Cowncil of thr! City of Newport Beach that _7ail 6-qr2t=�int Etbow? daacribed i-3 t . aPp,,Ovi�td, and Ui,,a 14; =lyor rxlvl City C'L,ark ilre hereby autborizc(6 ;--,lid to exccute tb.- cam,6, on lbiah'',If (,')f th" City of !Jc"."port day o" iauneL IQ �9V C i ty C 14! -C'w.