HomeMy WebLinkAboutC-1388 - Water system capital reimbursement agreement, irrigation system0
CITY OF NEWPORT BEACH
Date Au"t 3, 1971
TO: Public Works Department
FROM: City Clerk
SUBJECT: Contract No. 1388
Project W~ system Capital Inprowmnt
PAJJrbtus'erezt Agrs =nt
Attached are 2 executed copies of subject contract for your files and for
transmittal to the contractor.
Contractor: Iryl1w; industrial Complex
Address: 2122 Cw4xm I)KV*, Irvine, CA 92664
Amount: $ 67,572.00
Effective Date: July 3-79 1971
Resolution No. 7496 adopted on 7 -26 -71
LL:dg
Att.
cc: Finance Department ❑
i
•i .
S. L
.S
0 - i 3'0'
WATER SYSTEM CAPITAL IMPROVEMENT REIMBURSEMENT AGREEMENT
THIS AGREEMENT is made as of this 2L,.4L day of —l)"4
19-24, between the CITY OF NEWPORT BEACH, a municipal corporation
( "City "), and THE IRVINE INDUSTRIAL COMPLEX a
California 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.
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.Lity.. has. .- accepted
"Master Plan" water service facilities with a cost to
Developer of Sixty seven thousand five hundred seventy - Dollars
two and NO /100
($ 67,572.00 ), 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-
0
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..O1 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.f.unds..based upon
the percentage formula described ia.S.ectinn.3_01-above;
provided, however, that if the City..has advanced funds
from any source other than the..Water.System.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.first 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 *hid Agreement shall automatically terminate
-3-
''twenty -five (25). years from the date cf execution "unless:
extended by mutual consent of both parties,.and 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.
-4-
I
0
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:
2122 Campus Drive
Irvine, California 92664
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�
C ty Atto ney
Approved as to content:
DEVELOPER
�'. MAZ
By
n:_
APRIL
tion- � Asst Secy "�J
CITY OFF NEWPORT BEACH
By:
Mayor
By:
-5-
gity Clerk
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 26th day of July 19 71 by
the following vote, to wit:
McInnis, Rogers, Hirth,
AYES, Councilmen: Croul, Dostal, Parsons
NOES, Councilmen; No4e
ABSENT, Councilmen: Kymla
Dated at Newport Beach, California, this ,2,pj day of
1921.
fa ➢ ao -_7l
ClEy er '�
THS:adw
4/30/71
-6-
i
O
O_
3
v
Z
V-
O
�T
U
r
C
•O ,
Y
u
7
i
A
N
C
O
U
' N ,
v
4J
•r
r
•U
ro .
s'
CJ
ro
3
s c
ro
d
�+ N
m e
.. N
= ro
x
W
i
X
N
E
O
U
ro
•r
i
7
'O
c
v .
i
r-�
O
N
U1
E
O1
N
i
7 ,
a
c
K
4-
O
Y
N
O
U
v
r
°a
L
O
•r
UJ
O O
01 Cl)
ko
co °
M M
cf N
O
N
uhi
ko
b
.4J
d
y
1
4A '
O Y
+1 v
d
'o .o
m
ro .-
i
O
O_
3
v
Z
V-
O
�T
U
r
C
•O ,
Y
u
7
i
A
N
C
O
U
' N ,
v
4J
•r
r
•U
ro .
s'
CJ
ro
3
s c
ro
d
�+ N
m e
.. N
= ro
x
W
i
X
N
E
O
U
ro
•r
i
7
'O
c
v .
i
r-�
O
N
U1
E
O1
N
i
7 ,
a
c
K
4-
O
Y
N
O
U
v
r
°a
L
O
•r
UJ
O O
01 Cl)
ko
co °
M M
cf N
O
N
uhi
ko
b
.4J
d
y
1
4A '
O Y
+1 v
'o .o
ro .-
i
�
cc E
ro
In U
r
r p
x
w'
p
J
C rtS
to
'7
JJ
0.14
N
'O
••-
O 4)
,
U
7 i
_m
ro
O
LL+
U-
C •O
W -
ro
4-
N
O
o
r
o
c
E
O
S. O
O
w
4�
th
OL
d
J
i
_
U
Ix C
fQ--
n
U!
O
o
~
(U q
L
O C
.4 O
E v�
ro •r •
C C
C C
r 7
E O E
sa s
p
4 4J
ro p ro
31L
C 'C
Y
� �
r s
•r
U
ro
r
b b
r r'
h
O�
r
N
i
�
r
•
�i
4
'O
L
ro
a
N
L
d
Ramo a3 wA a- .7 4 9 S
//9��.�� .mv« C�b'w'i; 3"�r:S%S +mph''7��1'� 7iC9�YaGe!�lCy�X."�1yCS.�i'p� WrY�Tls Orre�.��y� y�iyTCITY
(W fY-U'rA'a: 4M.0. T;+aJACU �!9.yV i�4'A`JF0.A#�n ING . R ¢,gn�wASyp,�.W IOU (A
A ALTM.'�.'f�s �i.SMk:�"SJ���r +h¢�e.'w�a �A+yTc:�^s J'rt:�.1M'�LY v'u�: a�r�p?S�O A�� ^sRRZ12M'p�YY ,M'it'�:a}�, ^'
s' �w^i��Ass.�#c'& }'aq. D' 1�:II.T$s�iM h.'Mi 41�f4.A %i�[' i`fml IP011ti iY+=.Y!4.M'-'� AND
/ 4, "WMPL#1 �, tie rye Iaaan bear, promo strQa��g, to thoR Clay , nail
o hs� �v%ia'y of A+A�W Ommob '� certain �i�i�fM Rrf�P'1���� agreement,
betwoon tho City of a°;kwport Ma aach And The Iry no. IraduAatrriaal
^omplgK, In canwctio -1 WJt'a the wmitor sa+/.^.atwt� oa itml £ar•:prCVmnonat
prix ray n` and
Wlt4X:, the City CcaataaazL m* co i.e�rwa the tprms- and
oondi.tions of aald reWpursoment v,ros,;rEsmt and round 2ehon to be
iti r And aal rsia� spy
IlWo Tu.a;a'""owr,, niz rl tbas:t saaid w etor ?+sa tam
rapt ' €: 3s +karva4a. �a a� r0mbt wmont. tgr4es4tmt.rvame aosigcrt'a�,3 is
appr4avod, and the P7ayor and City C.ler% are hereby asuthorlFed P.M
ftroated. to exorok%ta tai am* an bophaalf of the ai.ty of Newport
i,3omclA
A44 M.0 this 31 day of 2a ' J eM.
r ..
i
mayor
7/16/71