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
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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
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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
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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
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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.
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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