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HomeMy WebLinkAboutC-1563 - Reimbursement agreement for Upper Big Canyon Nature ParkCITY CLERK .. September 27, 1973 91M. M i 'i 0ii CITY CLERK CHANGE OF NAME OF NATUR£'PAM( On September 25, 1973 the City Council officially adopted the name "Harbor View Nature Park" for the area heretofore called "Upper Big Canyon Nature Park ". Contract 1563 with The Irvine Company covers a reimbursement agreement for this park. Please change the name on your records. City-Clerk's Office swk V TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. Project 0 Date V1, 1973 Attached is signed copy of subject contract for transmittal to the contractor. C gnyr qrc yo y: Address: 500 Newport Center Drive, Newport B"Ch Amount: $ Not to exceed 830.200 Effective Date: August 1, 1973 Resolution No. 8060 Laura Lagios LL:dg Att. cc: Finance Department Q 0 August 13, 1973 4 To: File Subject: Reimbursement agreement for development costs of Upper Big Canyon Nature Park. This date a fully executed copy of subject agreement was given to Larry Moore of The Irvine Company. This agreement was authorized by the City Council on July 23 by the adoption of Resolution No. 8060. REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT is made and entered into this 1,,7r day of ,�v a ,, S-r , 1973, by and between THE IRVINE COMPANY, a West Virginia corporation ( "Irvine" herein), and the CITY OF NEWPORT BFA CH, a municipal corporation ( "City" herein). RECITALS A. Irvine is the owner of certain real property within the City in the area known as Harbor View Hills, City has approved planned community zoning for a portion of such area upon the terms and conditions contained in "Harbor View Hills Planned Community District Regulations" as amended. Among the terms and conditions contained therein is the condition that certain real property be set aside for park and open space purposes within the area. B. Within the Harbor View Hills Planned Community area Irvine is the owner of that certain property more particularly described on Exhibit "A" and delineated on Exhibit "B ", both of which are attached hereto and by this reference made a part hereof. Said property shall hereinafter be referred to as the "park land." C. Irvine proposes to improve the "park land" and thereafter dedicate such "park land" to the City. City proposes to accept the improved "park land" for dedication, to reimburse Irvine for a portion of the costs incurred in the improvement of the park land in an amount not to exceed $30,000.00, which is to be paid out of funds contributed by Irvine, for its Baywood Apartment project, to the City Building Excise Tax Fund, and to -1- r accept such park land as partial fulfillment of the park and open space land requirements for the "Harbor View Hills Planned Community District Regulations, as amended, all upon the following terms and conditions: W I T N E S S E T H- 1. Irvine has previously submitted to City, prelim- inary plans for the improvement of the "park land." City has approved such plans. 2. Irvine agrees to forthwith undertake the improve- ment of the "park land" in accordance with such approved prelim- inary plans and the final plans and specifications titled respectively "Development Plans" and "Development Specifications" "For the Upper Big Canyon Nature Park," dated May 4, 1973, and thereafter to transfer the "park land" to the City by use of the form of grant deed attached hereto as Exhibit "C" and made a part hereof. 3. Upon completion of the improvements to the "park land" in accordance with such approved plans and specifications, City agrees to accept the grant of the "park land" in the form of Exhibit "C" and thereafter to keep and maintain said "park land." City further agrees that the number of acres contained in said park land shall be applied as a credit against and shall be subtracted from the number of park and open space land acres required under the provisions of the "Harbor View Hills Planned Community District Regulations." 4. City agrees to reimburse Irvine for the expenses incurred in improving the park land in accordance with the approved plans and specifications in the following amounts: (a) The actual costs of such improvements not to exceed $30,000.00, provided, however, that the cost of con- structing the narrow pathway extensions that connect to Irvine's -2- 4 ' • y • • Baywood Apartment project shall not be the subject of reimburse- ment by the City to Irvine. Such reimbursement amount shall be payable by the City to Irvine as follows: (i) One -half (1/2) upon acceptance of the grant by the City; and (ii) One -half (1/2) within thirty (30) days following commencement of the City's 1974 -75 fiscal year. IN WITNESS WHEREOF, the parties hereto have executed this Reimbursement Agreement as of the day and year first above written. THE IRVINE COMPANY EXEC l Zs • L,�4>T'"' Z6e�;esident Assistant Secretary " E A L j - R- CITY OF NEWPORT BEACH f ' ' ' �e�/ • L Kv r C� ATTEST: �r City Clerk APPROVED AS TO FORM: Asn+at . City Attorney -3- Name Street Addre :6 City a state ,r ECORCII:F s�EOU Ei;T E6 • MAIL TAX STATEMENTS TO SPACE ABOVE THIS LINE FOR RECORDER'S USE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE IRVINE COMPANY a corporation organized under the laws of the state of West Virginia hereby GRANTS to THE CITY OF NEWPORT BEACH, a municipal corporation, the following described real property in the City Of Newport Beach Courtly of Orange , State of California: [See Exhibit "A" attached] In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by it president and Secretary thereunto duly authorized. Dated: THE IRVINE COMPANY STATE OF CALIFORNIA COUNTY OF On before me, the under. signed. a Notary Public in and for said State. personally appeared know'), to me to be the— President. and _— known to me to be -Secretary of the Corporation that executed the within Instrument, known to me to be the persons idw rxeeuted the within Instrument on behalf of the Corporation therein named. and acknowledged BI me that such Corporation executed Ibe within Inraru ment pursuam m its by-laws or a resolution of its board of directors. WITNESS my hand and official seal Signature N rtre (Typed or Printed) - - -- g t LC-rt:, // ECUTIVE VICE president By_S Secretary On i Ind, mrva Iw -M1,I nm eeial .ran - ._Esr- -row or Loan MAIL TAX STATEMENTS AS DIRECTED ABOVE �... EXHIBIT "C" F Neme DOCUMENTARY TRANSFER TAX$ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, Street COMPUTED ON FULL VALUE LESS LIENS AND Addre6a —OR ENCUMBRANCES REMAINING AT TIME OF SALE. City & State 1 LSignature of Declaronr or Agent determining fax. Firm Name Corporation Grant Deed TO 406.2 CA (6 -7I I THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE IRVINE COMPANY a corporation organized under the laws of the state of West Virginia hereby GRANTS to THE CITY OF NEWPORT BEACH, a municipal corporation, the following described real property in the City Of Newport Beach Courtly of Orange , State of California: [See Exhibit "A" attached] In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by it president and Secretary thereunto duly authorized. Dated: THE IRVINE COMPANY STATE OF CALIFORNIA COUNTY OF On before me, the under. signed. a Notary Public in and for said State. personally appeared know'), to me to be the— President. and _— known to me to be -Secretary of the Corporation that executed the within Instrument, known to me to be the persons idw rxeeuted the within Instrument on behalf of the Corporation therein named. and acknowledged BI me that such Corporation executed Ibe within Inraru ment pursuam m its by-laws or a resolution of its board of directors. WITNESS my hand and official seal Signature N rtre (Typed or Printed) - - -- g t LC-rt:, // ECUTIVE VICE president By_S Secretary On i Ind, mrva Iw -M1,I nm eeial .ran - ._Esr- -row or Loan MAIL TAX STATEMENTS AS DIRECTED ABOVE �... EXHIBIT "C" f D E S C R I P T I O N UPPER BIG CANYON NATURE PARK Parcel 3 as shown on the Parcel Map recorded in Book 45, Page 10, of Parcel Maps, in the Office of the County Recorder of Orange County, California. 1. Reserving-to Grantor, its successors and assigns all oil, gas, petroleum and other hydrocarbon substances in and under the subject property, together with all necessary and convenient rights to explore for, develop, produce and extract and take the same, subject to the express limitation that any and all operations for the exploration, development, production, extraction and taking of any of said substances shall be carried on at levels below the depth of five hundred (500) feet from the surface of said land by means of wells, derrick and /or other equipment from surface locations on adjoining or neighboring land, and subject further to the express limitation that the foregoing reservation shall in no way be inter- prct-ed to include any right of entry in and upon the surface of the land hereinabove described. It is understood by the parties that the above stated reservation is expressly subject to all restrictions and regulations concerning the drilling for and production of oil, gas, petroleum and other hydrocarbon substances, which are contained in the City Charter or the municipal ordinances of the City of Newport Beach. EXHIBIT "A" .2. SUBAECT TO covunaMn, c0naWniw and restrictions as follows: (a) Real tQ clorLy taxis for the fiscal year 1973-1974; M C : ovenj n0s, conGAtions, 1-C-st)--icti ons and public utility casements of record as of Khm Oatc of said dead; (c) The soubhodstyrly 50 feeL of subject property shall be used only for puhlic stmt L. and. purpose,; (c) If at any tiro within twenty-five (25) years from the date of the deed, "OntOO shall Propose to voluntarily sell or lease all or any ponVon of the Sljbjcct property, Grantor shall have the option to purchasn the property to be sold or leased, prorated on an acreage basis in tho event of a sale or lease of only a portion of the sw)jpnt propnrty. Grantoo shall give Grantor written notice Of its in"L to v011 Or lease, specifically describing the parcel or parcels to be noM oK leased, and Grantor shall have thirty (30) days in which Va notiFy Grnnhee in writing i_f it wishes to exercise its option. All noticcn provided for herein shall be deemed to have been duly Ulven if and When deposited in the United States mail, properly stamped and ollrcsseca to the par .ty for whoni intended at the party's listed aa6voss, or when delivered personally to such pcirty. T I i e price a C 11 the pr e? y or any Portion thereof may be repurchased by Grantor shall be the Lair market value at the time of the proposed sale, to be determined as follows: In the event that the Parties arc unable to agree on the fair market value of the property to be repurchased by Grantor, within thirty (30) days following notice of Grantor's intention to exercise its option to repurchase, each party shajj. appOi.nt an appraiser and shall give the other party written notice Of such apj�)Oijjt)jjej t. I f the respective appraisers arc unable to agree on the purchase price of the property, the two appraisers shall appoint a third appraiser whose decision as to the fair market value of the property shall be —2— final and binding on both parties. If the two appraisers are unable to agree on the appointment of a third appraiser within ten (10) days after the appointment of the second appraiser, either party may request the presiding judge of the Orange Countv Sunerior Court to appoint a third appraiser. Each party shall nay the fees of the anpraiser appointed by it or on its behalf, and the fees of the third appraiser shall be divided eoually between the parties. (e) Use of subject property shall be limited to use for public park purposes or uses reasonably associated therewith, and should the Grantee or its successors and assigns at any time cease to so use subject nronerty or any portion thereof for such purposes or should attemnt to use subject property or a.nv portion thereof for anv other purpose except by any' with the prior written consent and approval of Grantor or its successors 'and assigns, then Grantor, or its successors or assigns, shall have the right to re -enter the subject property and recover possession and title thereto. -3- C -1563 See Contract File for Exhibit "B" — Sketch to Accompany Legal Description 0 6 U L 2 31973 By the CITY COUNCIL RESOLUTION NO. 80`.; !j ' ;jTY 4 !r McV31+1^QT AFACH A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR DEVELOPMENT COSTS OF UPPER BIG CANYON NATURE PARK WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain reimbursement agree- ment between the City of Newport Beach and The Irvine Company for development costs of Upper Big Canyon Nature Park; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that said reimburse- ment agreement is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 23rd day of July , 1973. Mayor ATTEST: City Clerk DON dm 7/19/73