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HomeMy WebLinkAboutC-1339 - Buffalo Hills Park improvement, reimbursement agreementc I TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ACCEPTANCE OF CONSTRUCTION OF BUFFALO HILLS PARK, PHASE II (C -1339) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk 3. Authorize the City Clerk Notice of Completion has DISCUSSION: May 8, 1972 to file a Notice of Completion. to release the bonds 35 days after been filed. /47 /4 — The contract for the construction of Buffalo Hills Park, Phase II has been completed to the satisfaction of the Public Works Department. The bid price was: $144,541.31 Amount of Unit Price Items Constructed: $139,224,41 Amount of Change Orders: $ 5,988.00 Total Contract Cost: $145.212.41 Amount Budgeted in Account No. 27- 7797 -028: $ 50,000.00 (The excess over $50,000 paid by the developer, Donald L. Bren Company) During construction, it was decided to relocate the partially completed restroom building. A change order in the amount of $5,988.00 was issued to cover the cost. The reduction in unit price items was primarily due to a need to construct less mowing strip than was shown in the proposal quantities. The contractor is Industrial Turf of Laguna Hills, California. The contract date of completion was February 7, 1972, While the park was completed by that date, the relocated restroom building and final cleanup work were not completed until April 20, 1972. The assessment of liquidated damages is not recommended as the remaining work was minor in nature and did not affect the usability of the facilities. oseph Devlinl ublic ks Director )PD/bg XPID: MTIrrBCB & 0C`. GENERAL CONTRACTORS 10317 WEST WHITTIER BLVD. - WHITTIER, CALIFORNIA AREA CODE z13 oyzoza, rzs�o2rs Mc. Pat Dunlgan Public Works Dept. 5300 Newport Blvd. Newport Beach, Calif. 92660 Dear Sir: Upon receipt of o check payable jointly to us and I nI—'t6rfj. Inc" in the amount of "lO,24O^0O we will unconditionally release the stop order on BufVulo-Milla oark^ ,Nemport We regret the necessity for all the trouble this job has caused you^ If any additional .paper work is required in this matter, p]ouon notify us at the uhnxn address. 'ry ' ul President '� f(V) / INDUSTRIAL -TURF inc. P. O. Box 2247 / Laguna Hills, California 92653 / Phone: (714) 837 -1231 — Phoenix, Arizona and Denver, Colorado June 20, 1972 Pat Dunigan City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92660 Re: Buffalo Hills Park, Phase II Contract 111339 Gentlemen: This is to authorize the City of joint check to J. A. Deutsch & Co for full settlement on the above Sincerely, INDUSTRIAL TURF, INC. `%' 61 Michael Pawluk Vice President Newport Beach to make a . in the amount of $10,280.00 job. C ; J J �. f :� ail J 11 ll Z• .. - -- -I i— .!!�j INDUSTRIAL , COMMERCIAL L A N D S C A P I N G A N D I R R I G A T I O N r1 � 7 June 6, '972 Donald L. -'ren Company 15233 Ventura Boulevard Sherman Oaks, CA 91403 Subject: Buffalo `.sills Park, Phase II Attached for your files are copies of the following documents: :recorded Notice of Completion for construction on which Industrial Turf, Inc. was the contractor. Recorded Grant Deed. City of Newport Beach Resolution No. 7672 accepting Grant Deed from The Irvine Company. Laura Lagios City Clerk LL:swk enc. 3 Mey 3, ..972 The Irvine Cm. )any 550 Newport Center Drive Newport Beach, CA 92660 Attention: Betty J. Vigil Residential Developer Administration Re: Corporation ,rant Deed to City,, of Newport Beach Harbor View Homes - Donald L. ren Co. Buffalo Hills Park, Phase II Your letter of Varch 21 to the City Attomev, Mr. Dennis O'Neil, requested that you be advised of the yeooniinF inforration after recordation of the above deed. Enclosed is a copy of the deed with the recording informa- tion. .: cceptance of the Brant Deed by the City Council on April 10, 972 was effected by the adoption of Resolution No. 7672. T auras I.Vios City Clerk LL:swk enc. cc: C_ty Attorney Public Works Department April 18, '1972 Mr. J. idylie Carlyle County Recorder P. 0. Box 238 Santa Ana, `A 92702 Attached for recordation is the Corporation Grant Deed frcn The Irvine Ccrmany to the City of Newport Beach covering certain real property for public park purposes. ?he Grant Deed was authorized by the passage of Resolution No. 7672 on April 10, 7972 by the City Council of Newport Beach. Please returr. the recorded deed to Tmi office. Laura Laeios City Cler9k LL : ,.;wk enc. To: From: Subject: CITY OF NEWPORT BEACH Office of City Attorney The Honorable Mayor and Members of the City Council City Attorney Buffalo Hills Park, Phase II April 10, 1972 I1 3 In accordance with previous agreements entered into with The Irvine Company and the Donald L. Bren Co. in connection with the development of Buffalo Hills Park, the City has received a Corporation Grant Deed from The Irvine Company conveying to the City the parcel of property known as Buffalo Hills Park, Phase II. The resolution which appears on this evening's agenda, if adopted, would authorize the City to accept said Corporation Grant Deed. I IL �� b -4 DENNIS O'NEIL City Attorney DON:mhh CC: `City Clerk City Manager PB &R Director Community Development Director March 21, 1972 Mr. Dennis - t7' Neil City AtEorney City of Newport Beach 3300 Newport Blvd. Newport Beach, Calif. IrvineBuilders of Tomorrow's Cities... Today Re: Corporation Grant Deed to City of Newport Beach Harbor View Homes - DonaklL. Brien Co. Dear Mr. O'Neil: Enclosed herewith is The Irvine Company copy and the original Corporation Grant Deed from The Irvine Company to the City of Newport Beach, for public park purposes. If this Grant Deed meets with your approval, please sign and date same on Page 3 and return The Irvine Company copy to this office. Also, would you please ask the title company to notify us of the recording information when the Grant Deed has been re- corded. Should you have any questions, please call. Very truly yours, THE IRVINE COMPANY y i Betty `i ✓vigil Residential Developer Adm. /bv Enc 1: cc: Mr. Harry Merrill The Irvine Company - 550 Newport Center Drivp. • Newport Beach, California 92660 - (714) 644 -307 1 7 67 2 tu cm Can=& or CWT cr f LWM Wman a @f• as no an I = Oman*"= It swvwa Btu& MMKO now n 1sa►a b"a ii to 00 ur of X" "" sooftfted ua4 prq"wvxuitULUa* US ftuovim doasslb" a is �M � St swrott � �y of fts ca2ifasalat 41 •ss+.ai �, ars sMmamt at syofrisw� is � � S of tarsal oftwm smanu of ft"" ewnrt cout nisi aps" oa a" flit as � w KMM 1Mp � bbd as �t yaeala�t rigs" 8 IOU sus. dwAs onus" 44 1s wla 1ita s1#�f1r eforwrjy* am fY�am�slarlr itaW i"k )wai p 1167 t 1lrmisa mm now* sea 10 Me Sol MMOXM 4 U As tia *a Antom t *a ihm CJW to MpW .aid a� t sMswa, a xv opowu of the cily ot*"P"t*"Aa" so" 9""4wW4%boaft *"V*AW14 am, the eitt ct** " mmoa*44 amt to =46uto aid► at*"& 515 Atom 0".46,ltt- 4w WY ay --Z- mu E CITY OF NEWPORT BEACH PARKS, BEAC S AND RECREATION COMMISSION OCT 26 1971 By the CITY COUNCIL NOV $OctWr 26, 1971 CITY OF A+!w T 66ACH By the CITY COUNCIL CITY ®P Rw**" 11 ACH ; TO: MAYOR AND CITY COUNCIL FROM: Chairman, PB $ R Commission 14 OV 2 21971 By the CITY COUNCIL SUBJECT: BUFFALO HILLS PARK RESTROOM CITY pp mp woow► BEACH On Tuesday, October 19th at the regular meeting of the PB $ R Commission, the subject of the restroom at Buffalo Hills Park Phase II was again discussed. PB $ R Commissioners had pre- viously reviewed this subject at two preceeding meetings and had viewed the area personally during their semi - annual park tour on Saturday morning, October 16th. At the two previous meetings when this subject was dis- cussed, the Commissioners agreed that the restroom was not improperly placed and that it should not be moved. However, if the property owners desired to have it moved, it should be done at other than City expense. After inspecting the situation in the field and after reviewing the matter at the October 19th Commission meeting, the Commissioners voted unanimously that the restroom should not be re- located, but, if it is, it should not be done at City expense. The Commission felt that an error had not been made in the original site selection, and that the proposed relocation site would be far more objectionable to the adjacent residents as well as the users of the recreation facility. HALL SEELY HS: CCS:dm //� 7 F -2 //67 CITY OF NEWPORT BEACH PARKS, BEACHES $ RECREATION DEPARTMENT November 22,,71971 F -1 TO: ROBERT WYNN, CITY MANAGER Nr)V ? 2 1971 FROM: PB $ R Director By the CITY COUNCIL CITY OF NFWP9R"T B;ACH SUBJECT: BUFFALO HILLS PARK, PHASE II - RESTROOM RELOCATION RECOMMENDATION: We have received some cost projections from Industrial Turf, Inc. to relocate the restroom in Buffalo Hills Park. In order to accomplish this relocation, I would like to recommend that the City Council take the following action: 1. Approve a budget amendment transferring $3,508 from capital improvement account 22- 2397 -029, Santa Ana Heights fire station site acquisition, to account 27 -7797 -028, Buffalo Hills Park Development, Phase II. 2. Receive $3,508 from the Bren Company as a 50% share of the relocation cost and deposit that in capital improvement account 27- 7797 -028. 3. Authorize Industrial Turf to proceed with the restroom relocation. 4. Extend the development contract time limit an additional 30 days from the date of notification to proceed with the change order. DISCUSSION: Industrial Turf, Inc. has indicated that relocating the restroom from its present site to a new site will be $5,988, excluding the provision of utilities to the site. We have received additional cost projections for utility provision and they are as follows: sewer, $655; Edison $ telephone, $328; water line, $45. This makes a total of $7,016. The City Council had previously indicated that it is their desire to have the Bren Company share in the cost of this relocation, and even though the Bren Company has not specified that they would share a SOo cost, it has been Renerally indicated that they would be receptive to this portion. Therefore, a total of $7,016 would be involved in the moving of the restroom, including all utilities and hookups, which would be split equally between the City and the Bren Company. Since the other construction at the Park has now been finalized, I believe that it would be in order to expedite this relocation project. CALVIN1G. STEWART CCS:h I June 28, 1971 TO: CITY COUNCIL FROM: Public Works Department P.B. & R. Department SUBJECT: CONSTRUCTION OF BUFFALO HILLS PARK, PHASE II RECOMMENDATIONS: Adopt a resolution awarding the contract to Industrial Turf, Inc. in the amount of $144,541.31 and authorizing the Mayor and City Clerk to execute the contract; subject to receipt of a letter of credit from the Donald L. Bren Company in the amount of $145,000. DISCUSSION: At 10:00 A.M. on June 27, 1971, seven bids were opened in the office of the City Clerk. One additional bid turned in late was not opened. Bid Total as 6, G.T.S. Company $164,771.60* $163,771.60 Long Beach 7. Goodman & Peloquin $1,959,283.50* $144,561,86 La Habra Landscape Architect's Estimate $132,560.00 * Corrected total based on extensions of unit prices. The low bid is 9% over the landscape architect's estimate. Of the seven bids turned in, six contained arithmetical errors. Industrial Turf's bid was the only bid free from arithmetical error. `67 Bidder Amount Submitted 1, Industrial Turf, Inc. $144,541.31 $144,541.31 Laguna Hills 2. Silveri and Ruiz $145,136.82* $144,363.22 Fullerton 3, Moulder Brothers $146,334.70* $146,348.20 Glendale 4, Valley Crest Landscaping $147,602.19* $147,802.19 Santa Ana 5. R. 0. Boyette Company $149,588.81* $149,552.87 Diamond Bar 6, G.T.S. Company $164,771.60* $163,771.60 Long Beach 7. Goodman & Peloquin $1,959,283.50* $144,561,86 La Habra Landscape Architect's Estimate $132,560.00 * Corrected total based on extensions of unit prices. The low bid is 9% over the landscape architect's estimate. Of the seven bids turned in, six contained arithmetical errors. Industrial Turf's bid was the only bid free from arithmetical error. `67 June 28, 1971 Page Two Subject Construction of Buffalo Hills Park, Phase II The project provides for the construction of improvements to Phase II of Buffalo Hills Park, located southerly of the existing park in the Upper Harbor View Hills development, Phase II of the park is 6.645 acres. Improvements to be constructed consist of landscaping, play apparatus, sidewalks, and a public restroom. The total project cost, excluding land, is estimated to be: Construction Landscape Architect Printing Plans Water Acreage Fee Subtotal $144,541.31 11,500.00 700.00 4,295.00 $161,036.31 On April 13, 1970 the Council approved a financing program whereby the Donald L. Bren Company would advance the entire construction cost and would.then be reimbursed by the city in the maximum amount of $50,000. This.amount was determined based on the estimated cost differential between a public park and.a private park. Funds for reim- bursement will come from the Building Excise Tax Fund and will be paid over a 5 -year period. The plans were prepared by Courtland Paul /Arthur Beggs, landscape architects retained by the Bren Company. The contractor-is well qualified for.the project; he has performed a great deal of similar work, including construction of Phase I of the Buffalo Hills Park. The estimated date of completion is September 30, 1971. is ph T. Devlin /341 Public Works Director KLP /bg Calvin C. Stewart Parks, Beaches, and Recreation Director r a (n t. t N_ r �'iY z�13 o *� v 2SF Q F M ro z (n 1 U W Q W F-- z C3 F U [aJ 1 tV I 0 w x N 9. (a oil i 1 tV I 0 w x N 9. (a } a N r T t, ll U < 1 JF-p[O Q W W a :Z F- Z C7 — O Z 4 O W W S t Ni I II�AI A18111i11� 1 w 4 O W W S 4 TO! CITY COUNCIL FROM: Public Works Department SUBJECT. CONSTRUCTION OF BUFFALO HILLS PARK, PHASE II (C -1339) RECOMMENDATIONS: May 24, 1971 1, Approve the plans, specifications, and estimate. 2. Authorize the City Clerk to advertise for bids to be opened at 10:00 A.M. on June 22, 1971. DISCUSSION: �-/- 6 This project provides for the construction of improvements to Phase II of the Buffalo Hills Park, located southerly of the existing park in the Upper Harbor View Hills development. The area of Phase II of the park is 6.646 acres. Improvements to be constructed under the contract consist of landscaping, play apparatus, sidewalks, and a public restroom. A sketch showing the location of the park and a construction estimate dated May 10, 1971 are attached for reference. The estimated construction cost is $132,560. Additional costs are the Landscape Architect's fee of $12,000, printing costs of $700, and the water acreage fee of $4,295. On April 13, 1971 the Council approved a financing program whereby the Donald L. Bren Company would advance the entire cost, and would then be reimbursed by the city in the maximum amount of $50,000. This amount was developed on the basis of the estimated cost differential between a public park and a private park. Funds for reimbursement would come from the Building Excise Tax Fund, and would be repaid to the Bren Company over a 5 year period. A reimbursement agreement providing for financing of the project will be presented to the Council prior to award of the contract, The plans were prepared by a private landscape architect retained by the Bren Company. The estimated date of completion is September 30, 1971. eph T.�Jevlin lic Works Director ldg Atts Calvin C. Stewart \ / Parks, Beaches, and creation Director O SXEET -1— F— SHEETS 5� R,S i. 5155 EGLE 1 ^'60' P i 0 C E \ �� AEyJB.NO 291 u•uy :Y` 6 CITY OF NEWPORT BEACH, ORANGE COUNTY, CALIFORNIA QX',YTY SURVEYORS CER7 1F /LA7E CITY ENCIN£ERS C£RT/F /CAT£ SURVEYORS C£R7/F /LATE AfONUTAEM NOTES�f =' — o "' ° °""' " °" Pol+[n ma;x+ +xe3.ac„ K:io`a' °oc sEnoouPNE h _ \� --rro�— `S' a vea voen 214$/S_OF_9EA_R 4NCS • %`' --T, - �y I / POAT__ Luc nnnrcw•♦ . T it i _O NI'in1.(1'1 r7e'n�'�7t' A uOl/AONUMENT NOTES A. n. 4��u �ie Wiu.s 5uowu ,uus I- elele_ W�IOGE*'01£'V`He Qa✓ii /� i ee y5n u,s suawu iuus ..- ' <'' .1NDCASE /AfN70ATA , 1 u} '� cowSCanx[u we anti. r CIPC: L "I All In pl ..0 ,rE'1 /� o, PORTe +NELSON PL. (' • w.r ujI I 2 l� PORT WNEELEI p� =o N � v- ii Cry m 0 _I, 6=l` it eta —; ii � f�✓ h' ,' `/ �"� , l�..v Jl vu ­ IEf 4r:.. .. ...o gT_EJWARO PL,IU o'a� I � I � � - .e e♦ rv..a_ � 111 / :.ti(';! EXHIBIT A Caen- ce: :Var,Oahm ria 92625 c cP "o e 71 ».673-876 J May 10, 1971 COST ESTI'XI \TE 4_9 FOR HARBOR VIEW HOMES PARK - PHASE il, PREPARED FOR DONALD L. BREN COMPANY Unit Ite n Ouantitv Unit Price Total Gr a lino- Allow $ 10, 000. 00 ...... 8" concrete and steel. mow, strip, in place 2,736 1, f. 2.50 6, 840. 00 6" wido concrete curb (basket- - ball area) in place 270 1, f. 2.50 670. CO Concrete sidewalks, in place 47,170 sq. ft. 52 24, 530. 00 Concrete wall (tot lot) in place (2' -0" wide) 52 1, f. 5.00 260.00 Concrete step in place 39 1, f. 3.30 130.00 Woven wire mesh, in place 47,274 sq. ft. .10 4,730.00 4" asphalt concrete paving, (including striping), in place 4,233 sq. ft. .30 1,270.00 L" catch basins, in place 1 60.00 60.00 8" catch basin, in place 1 40.00 4" cast iron pipe, in place 18 1, f. 4.00 70.00 " drain line, in place 112 1, f. 2.50 280. CO 4" perforated drain line, in place 34 1. f. 2.50 90.00 Drinking fountain, including brick paving, in place 2 425.00 850.00 Play egmprnent, Northwest Design Products, Inc. , Model *14 cl-';nncr, in place 1 150.00 150.00 Piay equipment, Northwest Design Products, Inc. , Model #8 (single climbing net) in place 1 400.00 400.00 Picnic table, Jamison #434 -600, in place 6 450.00 2, 700. 00 Basketball backstop and post, Jamison x360 -4z0 (including nylon nets) in place 2 380.00 760. CO Sand, in place 1,256 sq. ft. Allow 350. 00 Railroad tie, in place 71 1. f. 5.00 3Ci0. 00 12" ro"phonc poles, in place 88 15.00 1, 320. 00 Cost i_ stin:ate =2 for Harbor View Homes Park - Phase II, Prepared for tie Donald L. Bren Company. May 10, 1971 Page 2 Unit lte;n Quantity Unit Price Total Construction of restroom facility complete, in place, including arciiitect's fee of $750.00 1 Allow $ 10, 750.00 Irrigation, in place Allow 33, 020.00 Bluegrass lawn, including soil preparation, complete 254,024 sq. ft. .05 12, 700.00 Zoysia niatrella, including soil preparation, complete 5,768 sq. ft. .35 2,020.00 115- -L,llon Cupaniopsis anacardiodes (including staking) in place 36 40.00 1,440.00 15- ,1111on Pittosporum rhombifolium (including staking) in place 10 40.00 400. 00 5- Gallo; Lucalyptus citriodora, in place 384 10.00 3,840.00 5- allon Bougainvillea "San Diego Red, " in place 19 13.00 250.00 1- ;allon Parthenocissus tricuspidata, in place 161 6.00 970.00 90 -day maintenance Allow 5,000.00 Sub -Total $126,250.00 5% Contingency 6,310.00 Landscape Architect's fees, including $500.00 for additional supervision and inspections 12, 000. 00 Printing costs 700.00 TOTAL $145,260.00 Note: All figures have been rounded off to the nearest $10.00 and are based on current prices. Not Included: 1. Recreation Center 2. Lighting / � L [ �L ` > ✓vLV "fib 22 � .j .,; ��tC G:' /��1'lc.,✓ .ir. l/ a. ">i�C'LL �'tLLC:'�✓ SEP 1 1971 older . ........................... ce "DES SEMI Y0: 0 September 15, 1471 [;_'' C� , CW'.rk= W'ectae ��i'bmuinp Ilirecto[ Parks, Beaches, iteereation comuiusion 3300 Newport Road (� Newport Reach, California] caunailR.y Gentlemons As a private cinema, I would like to express my extreme Concern about the location of a public restroom facility in your Park in the Phase II area of the Harbor View Hamel development beiuS built by the Donald 1. -vw Corporation. It is to be located within ten feet of a private residsnce at the foot of Port Edward Place, Even though much thought sent into the placement of the facility I think the location chosen is highly unfortunate. It is my opinion that the facility should be located immediately east of the swim club somewhat in the manner that it was located in Phase I. MY reasons for this request are as follows le I feel a public rout room facility should definitely be removed from proximity to any private residence• This one is very close to four private residences and I think numerous others will feel that it is closer to them than they would wish. If such a facility is located out in the open ,park area it could offend no onus sensibilities. z• In my opinion, the location of this facility could ,resent a dire threat to the safety of young children. The very reason that the location was chosen was to put it in an unobtrusive "t• In doing this the facility is automatically removed from any automatic surveillance that is provided in an open area. It will be particularly dangerous after shrubs haw,; been placed around it. All the community would need would be one undssirable outsider to come in to the area and you would have a definite emotional or kAWsioal threat to any young children coming by. I do not wish to dwell on what the extreme tragedy could be, but I think all of you have read enough newspapers to know I an not making an unrealistic reference. Although I am not experienced in housing, landscape ri architectures park devolopsgtt, I tniU* I can 5W as an observant eitiaon that despite all the mood intentions of everyem involved, an extreMs]y unfortunate decision has been made. I submit that this decision should be reversed and those w.o have the a4thar- ity to relocate the faailiiy eiaould came to the area anu diva deep consideration to this possibility. jFrw kV, 1 do not feel that I, In hood so conismss can w&1mt Us oivia responsibility to make this ca"P aint. .siacaerely yov<' s Ste. J. f e S3thtri7,s Oct ter. ban 6""y 2633 carobs Nes,arL usaohs Q&. UV Attorney city Cautcii 33UO NW&A rt Road, trWd rt ;leschs ca. Mr. marsitt Johnson, ,president 1xims Owners Association 1935 Port Ednnard Nenort Beach, Ca. 644 -8275 IrvineBuildersof Tomorrow's Cities ... Today May 13, 1971 Mr. Dennis O'Neal, Assistant City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California Dear Mr. O'Neal: Enclosed are the original and two copies of Notice of Covenants, Conditions and Restrictions for Tract No. 7166, North Bluffs. Please execute these documents, retain one for your reference, and return the original and The Irvine Company's copy to me at your earliest convenience. We will provide you with recording information when received. - Sincerely, John V. Sands Manager Residential Developer Administration JVS.ea Enclosures The Irvine Company • 550 Newport Center Drive -Newport Beach. California 92660 . (7 14r 644 -301 1 i /G-7 11167 CITY OF NEWPORT BEACH Office of CITY ATTORNEY May 24, 1971. To: The Honorable Mayor and Members of the City Council From: City Attorney Subject: Buffalo Hills Park, Phase 2 -- Reimbursement Agreement. This office has prepared the attached Reimbursement Agreement in connection with the extension of Buffalo Hills Park. Under the terms of the agreement, the Donald L. Bren Company will dedicate 6.60 +- acres to the City of Newport Beach for public park purposes at no cost or expense to the City. In addition, the Donald L. Bren Company will provide the funds necessary to design and improve the park extension to City standards, up to a cost not to exceed $140,000. The City of Newport Beach will reimburse the Donald L. Bren Company up to an amount not to exceed $50,000 for those improvements over and above those required for the development of a private park. The reimburs- able costs shall include, but are not limited to, the following requirements of the City: 1. Public rest room facilities, including utilities and design costs; 2. Sidewalks over 6' in width; 3. Hard surface basket ball court; 4. Picnic facilities; 5. Tiny tot play apparatus; 6. Those additional costs resulting from the City's Public Works standards for construction of side- walks and drainage systems; and the Park Department's standards for irrigation systems, mow strips, landscaping and tree and shrub planting and staking. -1- To: The Honorable Mayor and Members of the City Council May 24, 1971 Subject: Buffalo Hills Park, Phase 2 -- Reimbursement Agreement The aforementioned reimbursement proposal will be paid as follows: $10,000 will be paid to Donald L. Bren Company upon completion and acceptance of the work. Thereafter, the sum of $40,000 will be paid in ten equal semi - annual installments over a period of five years, payable on February 1 and August 1, commencing in 1972. The final payments will be reduced if the total construction cost is less than the $50,000 amount. The agreement has been executed by The Irvine Company as the owner in fee of the real property in question, as well as the Donald L. Bren Company as the developer. Adoption of the resolution on the agenda would authorize the Mayor to execute the agreement on behalf of the City. DOIN:adw TULLY H. SEYMOUR City Attorney By: Dennis O'Neil Assistant City Attorney -2- March 3, 1972 United California Bank Mariners Office No. 187 2712 West Coast Highway Newport Beach, CA 92660 Attention: Mr. R. C. Kimball, Manager Enclosed is Letter of Credit No. L71- 41,375 in the amount of $145,000.00, which was drawn in accordance with the terms of a reimbursement agreement between the City of Newport Beach, The Irvine Company and the Donald L. Bren Ompany in ccmection with the improvement of Buffalo Hills Park No. 2 in Newport Beach. Laum Lagios City Clerk LL:swk enc. cc: Finance Departumt IRREVOCABLE LETTER OF CREDIT NO.L71- 41,375 AMOUNT US$145,000.00 (UNITED CALIFORNIA BANK SJ BOX 54191 TERMINAL ANNEX • LOS ANGELES.CALIFORNIA90054 11405 MONTGOMERY STREET • SAN FRANCISCO.CALIFORNIA94104 The City of Newport Beach Newport Beach California INTERNATIONAL DIVISION _ CABLE ADDRESS: UCALBANK July 1- 1 9_21 ® This credit has been advised byXirmail through: United California Bank Mariners Office #187 Attn: Mr. R.C. Kimball Manager E1This is the confirmation of the credit opened today by cable through our _ above named correspondent It is only available for such amount as has not already been availed of under such cable advice and may reline voiled of at all unless attached to Gentlemen: and as a part of our correspondent's notification of such cable advice, the two jointly constituting evidence of the outstanding amount of this credit. We hereby authorize you to draw on United California Bank, Los Angeles, California ut '------- - - - --- sight for account of Donald L. Bren Company, 15233 Ventura Blvd., Sherman Oaks, California 91403 up to on aggregate amount of One Hundred Forty Five Thousand United States Dollars Drafts to be accompanied by: ; Your signed statement that the amount drawn under this Letter of credit is -_-drawn in accordance with the terms of the reimbursement agreement signed among the City of Newport Beach, The Irvine Company and Donald L. Brien Co., dated May 25, 1971, in connection with the improvement of Buffalo Hills Park No. 2, Newport Beach, California. It Drafts drawn hereunder must specifically mention the number and date of this letter of credit. ` --' The amount of each draft negotiated, together with the date of negotiation, must be endorsed on the reverse side of this Letter of Credit. We hereby agree with the drawers, FeRIiNX&X that the drafts drawn under and in accordance with the terms of this credit shall be duly honored upon resentation_ to.t1he "dcawee,XV5JU0L)= on or before June 25, 1972 ..: Sincerely, 17 J ✓ti-.. b AUTHORIZED SIGNATURE AUTHORI D SIGN —TURF in a 1° E.cepl as otherwise stated herein, this credit is subject to the Uniform Customs and practice for Documentary Credits f1962 Revision) International Chamber of M Commerce Brochure No. 222. 0 City Clerk City Attorney City Clerk Buffalo Hills Park No. 2 D 6 -i�Ji May 28, 1971 Enclosed are three copies of a Reimbursement Agreement in connection with the Buffalo Hills Park No. 2 between the City, the Irvine Company and Donald L. Bren Company, providing for development of the extension of the park and for reimbursement of the cost of the improvements. Also enclosed are signed original and one copy of Notice of Covenants, Conditions and Restrictions for Tract No. 7166, North Bluffs, in connection with the development of Buffalo Hills Park No. 2, for transmittal to the appropriate parties. Laura Lagios LL:dg Encis. (5) cc: Finance Director, w /cpy of Agreement P. S. I just talked with Mr. William Holstein who said that he would come by your office to pick these CC &R's up. !/6-7 0 339 1 REIMBURSEMENT`-- AGREEMENT 2 (Buffalo H g s Park No. 2) � y 3 THIS AGREEMENT made and entered into this day of 4 , 1971, by and between the CITY OF NEWPORT BEACH, 5 a municipal corporation, hereinafter referred to as "City ", THE 6 IRVINE COMPANY, a West V- - Rginia corporation, and DONALD L. BREN 7 COMPANY,`a corporation, hereinafter referred to as "Developer "; 8�j WITNESS 9 WHEREAS, the City Council of the City of Newport Beach 10 has determined that a need exists to extend the development of 11 Buffalo Hills Park to provide increased recreational facilities 12 for the citizens of the City; and 13 WHEREAS, The Irvine Company is the sole owner in fee of 14 that certain real property situated in the City of Newport Beach, 15 County of Orange, State of California, adjacent to and contiguous 16 with the existing Buffalo Hills Park, and more particularly 17 described as: 18 That certain land situated in the State of California, County of Orange, City of Newport Beach, being a portion of Block 92, 19 Irvine's Subdivision, as shown on a Map thereof, Recorded in Book 1, page 88 of Miscellaneous Record Maps, Records of 20 Orange County, California, more particularly described as follows: 21 BEGINNING at the most Northerly corner of Lot 22 in Tract No. 22 I 7027, as shown on a Map thereof, Recorded in Book 264, pages 9 -15, inclusive, of Miscellaneous Maps, Records of said 23 Orange County; thence South 34° 04' 00" West along the Northwesterly line of said Lot 22 a distance of 93.00 feet 24 to the most Easterly corner of Lot 1 in Tract No. 7028, as shown on a Map thereof, Recorded in Book 266, Pages 43 -47, 25 inclusive, of Miscellaneous Maps, Records of said Orange County; thence North 55° 56' 00" West along the Northeasterly 26 line of said Lot 1 a distance of 67.00 feet; thence South 340 04' 00" West along the Northwesterly line of said Lot 27 1 a distance of 85.00 feet; thence South 8° 37' 58" East along the Westerly line of Lot 1 a distance of 49.48 feet 28 to the Southwesterly corner of said Lot 1, said Southwesterly corner being in a curve, concave Southeasterly, and having a 29 radius of 56.00 feet, a radial line from said corner bears South 170 43' 38" East; thence Southwesterly along said curve, 30 through a central angle of 34° 14' 2211, an arc distance of 33.47 feet to a line tangent; thence South 38° 02' 00" West 31 I along said line tangent and along the Northwesterly boundary line of said Tract No. 7028, a distance of 191.07 feet to the 32 I beginning of a tangent curve, concave Southeasterly, and I i -1- 1 having a radius of 56.00 feet; thence SouthwesE_ej1y along said curve, through a central angle of 250 31'-01", an arc 2 distance of 24.94 feet t9 the most Northeasterly corner of Lot 51 in said Tract No - '7028; thence South 88° 29' 31" 3 West along the Northwest rly line of said Lot 51 a distance of 51.22 feet; thence South 35° 59' 00" West along the 4 Northwesterly boundary line of Tract No. 7028 a distance of 188.00 feet to an -angle point in Lot 52 of said Tract 5 No. 7028; thence South 40 59' 30" East along the Westerly line of said Lot 52.a distance of 29.40 feet to the South - 6 westerly corner of said Lot 52, said corner being in a curve, concave Southerly, and having a radius of 56.00 7 feet, a radial bearing from said corner bears South 4° 59' 30" East; thence Southwesterly along said curve 8 and along the said boundary line of Tract No. 7028, through a central angle of 491 01' 30 ", an arc distance of 47.92 9 feet to a line tangent; thence South 350 59' 00" West along said line tangent and along said Northwesterly boundary line 10 of said Tract No. 7028 a distance of 104.59 feet to the Westerly corner of said Tract No. 7028; thence departing 11 from said boundary line of said Tract No. 7028 South 35° 59' 00" West 101.36 feet to the beginning of a tangent 12 curve, concave Easterly, and having a radius of 56.00 feet; thence Southerly along said curve, through a central angle 13 of 80° 36' 00 ", an arc distance of 78.78 feet to a line tangent, thence South 441 37' 00" East along said line 14 tangent a distance of 64.22 feet; thence South 45° 23' 00" West 199.18 feet to a point in a curve, concave Southerly, 15 and having a radius of 56.00 feet, a radial line from said point bears South 250 59' 32" West; thence Westerly along 16 said curve, through a central angle of 70° 36' 3211, an arc distance of 69.01 feet to a line tangent; thence South 17 450 23' 00" West along said line tangent a distance of 497.00 feet to a tangent curve, concave Southeasterly and 18 having a radius of 56.00 feet; thence Southwesterly along said curve, through.a central angle of 29° 07' 0311, an arc 19 distance of 28.46 feet; thence South 840 11' 42" West 56.15 feet; thence South 450 23' 00" West 161.00 feet; thence 20 South 8° 33' 47" West 70.42 feet to a point in a curve, concave Southeasterly, and having a radius of 56.00 feet, a 21 radial line from said point bears mouth 29° 28' 42." East; 22 thence Southwesterly along said curve, through a central angle of 15° 08' 18 ", an arc distance of 14.80 feet to a 23 line tangent; thence South 45° 23' 00" West along said line tangent a distance of 195.00 feet to the beginning of a tangent curve, concave Southeasterly, and having a radius 24 of 56.00 feet; thence Southwesterly along said curve, through a central angle of 171 29' 23" an arc distance of 17.09 feet; 25 thence North 62° 06' 23" West 57.92 feet; thence South 45° 23' 00" West 92.27 feet; thence South 66° 02' 00" West 26 114.72 feet; thence North 23° 58' 00" West 26.93 feet; thence South 66° 02' 00" West 170.00 feet; thence North 23° 58' 00" 27 West 67.40 feet; thence North 66° 02' 00" East 170.00 feet; 28 thence North 230 58' 00" West 23.65 feet; thence North 66° 02' 00" East 213.45 feet, thence North 450 23' 00" East 29 99.15 feet to a point in.-a curve, concave Northerly, and having a radius of 56.00 feet, a radial line from said point bears North 140 17' 04" East; thence Easterly along said 30 curve, through a central angle of 580 54' 04 ", an arc distance of 57.57 feet to a line tangent; thence North 31 450 23' 00" East along said line tangent a distance of 192.00 feet to the beginning of a tangent curve, concave 32 Westerly, and having a radius of 56.00 feet; thence Northerly I -2 I i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 • a along said curve, through a central angle of 52° 51' 25 ", an arc distance of 51.66 feet; thence North 450 23' 00" East 104.36 feet; thence South.;:440 37' 00" East 22.23 feet; thence North 45° 23' 00" East 8 -Zi00 feet; thence North 120 48' 06" East 28.26 feet to a point in a curve, concave Northerly, and having a radius of 56.00 feet, a radial line from said point bears North 120 48' 06" East; thence Easterly along said curve, through a central angle of 570 25' 06 ", an arc distance of 56.12-feet to a line tangent; thence North 450 23' 00" East along said line tangent a distance of 196.00 feet to the beginning of a tangent curve, concave Westerly, and having a radius of 56.00 feet; thence Northerly and Northwesterly along said.curve, through a central angle of 90° 00' 00 ", an arc distance of 87.97 feet; thence South 44° 37' 00" East 78.95 feet; thence North 45° 23' 00" East 72.00 feet; thence North 440 37' 00" West 4.75 feet; thence North 450 23' 00" East 55.16 feet; thence North 440 37' 00" West 1.17 feet; thence South 45° 23' 00" West 2.00 feet; thence North 441 37' 00" West 25.08 feet; thence North 45° 23' 00" East 37.17 feet; thence South 440 37' 00" East 2.00 feet; thence North 450 23' 00" East 2.00 feet; thence North 44° 37' 00" West 94.50 feet; thence North 42° 41' 31" East 85.16 feet; thence North 45° 23' 00� East 95.00 feet to the most Southerly corner of Tract No. 7029, as shown on a Map thereof, Recorded in Book 267, Pages 21 through 24, inclusive, of Miscellaneous Maps, Records of said Orange County; thence along the Southeasterly boundary line of said Tract No. 7029 the following courses: North 450 23' 00" East 95.61 feet to the beginning of a tangent curve, concave Westerly, and having a radius of 56.00 feet; thence Northerly and Northwesterly along said curve, through a central angle of 59° 51' 24 ", an arc distance of 58.50 feet; thence North 75° 31' 36" East 26.10 feet; thence North 45° 23' 00" East 78.00 feet; thence North 44° 37' 00" West 26.09 feet; thence North 450 23' 00" East 86.00 feet; thence North 1° 06' 17" East 67.17 feet to a point in a curve, concave Northwesterly, and having a radius of 56.00 feet, a radial bearing from said point bears North 20° 28' 16" West; thence Northeasterly along said curve, through a central angle of 24° 08' 44 ", an arc distance of 23.60 feet to a line tangent; thence North 450 23' 00" East along said line tangent a distance of 193.00 feet to the beginning of a tangent curve, concave Westerly, and having a radius of 56.00 feet; thence Northerly and Northwesterly along said curve through a central angle of 76° 34' 36 ", an arc distance of 74.85.feet; thence North 45° 23' 00" East 166.48 feet to the Northeasterly corner of Lot 10 in said Tract No. 7029, said Northeasterly corner also being the most Southerly corner of Lot 21 in said Tract No. 7027; thence North 59 °,.;38' 35" East along the Southeasterly line of said Lot 21 a distance of 62.06 feet; thence North 34° 04' 00" East 91.00 feet to the most Easterly corner of said Lot 21; thence South 55° 56' 00" East 155.80 feet to the point of beginning of this description. CONTAINING: 6.646 gross acres, more or less. SUBJECT TO: All easements, as shown on Exhibit "A ". SUBJECT TO: All covenants, rights, rights -of -way and easements of record. WHEREAS, The Irvine Company has agreed to convey to City -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Kell 31 32 ja park site located on the above described real property as is more particularly depicted on the drawing attached to this agreement and marked Exhibit "A" and made a part hereof by this reference, and WHEREAS, Developer is interested in improving and extending Buffalo Hills Park on the above described property and has submitted a proposal to City to loan City sufficient funds to pay for the cost of improving said property as a public park in accordance with City's requirements and in conformity with develop- ment plans which are to be prepared by Developer and thereafter submitted to the City for its approval; and WHEREAS, Chapter 3.12 of the Newport Beach Municipal Code entitled "Property Development Tax'! requires the payment of an excise tax as a condition of the construction of all new buildings constructed in the City, and provides that the proceeds from said 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, City proposes to reimburse Developer for funds advanced to City for the improvement of said park from the tax revenues accumulated in said capital outlay fund; NOW, THEREFORE, in consideration of the mutual promises, (terms and provisions of this agreement, it is agreed between the parties hereto as follows: 1. - Developer agrees to design and prepare the plans for the development of a park on the site as described herein - above, and as depicted on the drawing marked Exhibit "A" 12. The plans and specifications, together with cost estimates for the work, shall be submitted to City. After review by City administrative staff, the cost estimates, plans and specifications shall be submitted to the City Council for its consideration. Upon written approval of the cost estimates, plans and specifications IM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 E'er! 25 26 27 28 29 30 31 32 3. 4. 5. by City and Developer, the parties will then proceed to prepare the documents necessary to call for public bids for the improvement of the park site. The completed park bid documents shall be subject to the written approval of both City and Developer. Following such approval, City will then 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. It is mutually agreed that Developer may submit a bid for the improvement project; however,, the contract will be let 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 either to abandon the project or to order the plans and specifications revised. If the Council orders the plans and specifications revised, the procedure described in paragraph 2 hereof shall again be followed. Either party shall have the right to terminate this agreement by giving the other party written notice of termination to the other party at any time prior to the award of a contract for the construction of the park improvement project. Prior to the award of the contract by the City Council, Developer shall deposit with the City the sum of $140,000 as the necessary funds to design and improve the park extension to City.standards. An irrevocable letter of credit in a form acceptable to the City Attorney may be submitted in lieu of cash. 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 provided in Chapter 3.12 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 of the Newport Beach Municipal Code and to reimburse Developer from the capital outlay fund described in Section 3.12.110 of said 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, City shall be obligated to reimburse Developer for the cost of the improvements constructed up to the sum of $50,000. (b) The sum owed to Developer as described in paragraph (a) hereof shall be paid as follows: $10,000 will be paid to Developer upon completion and acceptance of the work. Thereafter, the sum of $40,000 will be paid in ten equal.semi- annual installments over 'a period of five years, payable on February 1 and August 1, commencing in 1972. The contingent sum payable to Developer pursuan to the terms of paragraph (b) hereof shall be payable in semi - annual installments commencing during the year in which the City acquires fee title, and extending for a period of five years thereafter. Payment in accordance with the foregoing schedule is subject to the availabilit-, of funds in the Building Excise Tax Fund. Developer may, upon reasonable demand make an audit of the revenue collected as excise taxes, pursuant to Chapter 3.12 of the Municipal Code at its sole expense, to determine the amount of tax money collected by the City and the amount available for reimbursement to it. City agrees that the hereinabove described payments to Developer as they become due shall have priority in payment over any other projects later in time which are being financed from said fund. I17. The obligation of City under this agreement to reimburse 1 2 3, 4, 5 6 7 8 9 10 11 12I 13 14 15 16 17 18 19 20 21 22 23 24 -25 26 27 28 29 30 31 321 1-i 0 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 development by Chapter 3.12 of the Municipal Code. 8. In entering into this agreement, the parties recognize the fact that the present City Council cannot guarantee that a future City Council will not repeal the excise tax set forth in Chapter 3.12 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 b b a d tax could e eliminated y 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 City in accordance with the terms of this agreement. ATTEST: City Clerk APPROVED AS-TO FORM: CITY OF NEWPORT BEACH By t. Mayor �19. 7.'/J // -7- �Q , !_7 1 2 3 41 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 30 31 32 1 E • DONALD L. BREN COMPANY Its Authorized Agent THE IRVINE COMPANY Mom V:E Cp SEAL .1 - - f SCALE L,I -SO0' I SHEEfS PAR C E L M A P RE- 50.149 L99 CITY OF NEWPORT BEACH. ORANGE COUNTY, CALIFORNIA E]EIY4 A PORTION OF BLOCK 9L OF 1[VINEy SUCOIV5l3N AS PER ..I, THEREOF. REl4NRRR IN OOON I PAGE eB OF MISCELLANEOUS RECORD MAPS, ZE40RD4 OFORAWe GDUNTY�CAUI RNIA. COUNTY SURVEYORS CERT /FICATE CITY ENGINEERS CERTIFICATE SURVEYORS CERTIFICATE E%AMINEO ANO APPROVED. THIS NAP LIAS E.EEN..INEO THIS MAP WAZ PREPARED 01 ME OR UNDER MY DATED TNIS_ OAY OF 1971. OF 19,I, FOR CONFORMANCE WITH OIRTYTION APO IS BASCO UPON A FIELD 4URV EY THE REQUIREMENTS OF SECTION 11575 OF THE IN CONFORMANCE WITH THE REQUIREMENTS OF ZV 6OIV1510N MAP ACT. THE SU9OIV ISION MAP ACT AT THE REQUEST A. S NOGH EIY: OF OONALO L. BREN COMPANY IH IANVARY COUNTY SURVEYOR DEPUTY 1ST I. I LERLBY CERTIFY THAT T,Il5 N.PP CON CITY ENGINEER. -CITY OF 4EWPoRT BEACH Q., TO I.E. PPPROVED TENTATIVE MAF PN O THE CON DITION� OF APPROVgL TH[4E 6. THPT ALL PROVISION} OF APPLIU+9LE STATE >W AN L ORCTNPNLES HPVE MONUMENT NOTES �L OUVD) P�E_E �` P.IPLI , H. _ FDUND Z' IaW P6E TMlGEO .MR1 7110 ALL Y GDIM" SHOWN THUS: PER TRT0es X111 -� WI LIPM J. �� :i.'ST69� WAY m O RERTR70Z8 0 PER R7D+J0 aXpORT SEABOURNE • PER R.iDi9 BASIS OF BEARINGS - -� 1 1 PORT THE SEARING] SHOWN ON THIS NAP ARE BA4ED I / ON THE UO RTHW ESTERL_Y LINE OF LOT ZZ RNEY Pl. F'a4i3 U+ I I t TRACT NE . 9EIRO ...N`00'E ASSIt �4 - I r 1 /' ON A MPP RFLORDEO IN BOOK Z4M1 I PAGE$ 9 T{ZI�.( -T I v i /I�I* 4 i � ( YNRW4N 1514CLUSIV E. RECORWi OF ORdNGE I-i I 41_ COUNTYCALIFO R4IA. 2C I Z1 T I 1 ENI4nN u 1 1 2 I O w I I d'i MONUMENT NOTES (sEr) SET I - IRON PIPE TAI - L.S,]tO9 -AT ALL EASENENTI /�\ /_� It j I I 3 ( J II�" PoINTS SHOWN THUS POR ELECTRICAL 1 I I H -I iL^ PVRPo][16R1YJI16_ {T p(IOF'05EO �AS6uENT MI' 41 \ ,J )-'; SET I "IRON PIPS TA44ED -L. S. 110n- T ALL DTI POINTS SHOWN THUS i FDI[5[W ERm )EZ ynTW LIUE f't� I A, Q' l ''II} ©PyORT OLARIDGE P4 46 E;d% o 691 ? 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L -3za 9G N 4 <. 9S u3G•43'oOE % 4.� - , o 1 1 m PL9P0[,CO PJ.SFIJ. 8 (BAH SYMUG R N L Rx 9 O y FOR EIE[TRICAL RalbSES� ®- u54•YZ,4m w s»9.L69' 0 ;ETA` PROPOSED EASEMENT A.15•SD'99• R54M' L. 15.4[' O fW. NATFS LINE PURPOSES III ® A. Y VI06' R EXHIBIT A