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HomeMy WebLinkAboutC-1654 - Co-op financing agreement for Inspiration PointCITY OF NEWPORT BEACH CALIFORNIA DATE June 29, 1976 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1654 - Amendment City Hall 3300 W. Newport Blvd, Area Code 714 673 -2110 Description of Contract Revenue Sharing Agmt /Inspiration Point Park Authorized by Resolution No. 8767 , adopted on 5 -10 -76 Effective date of Contract Contract with Orange County Address County Administrative Office General enue z g ec o 515 N. Sycamore St., Santa Ana, CA 92701 Amount of Contract See Contract City Clerk 0 o ! o _?LINTY OF © t =AANGE June 25, 1976 R. E. THOMAS COUNTY ADMINISTRATIVE OFFICER COUNTY ADMINISTRATION BUILDING 515 NORTH SYCAMORE STREET SANTA ANA. CALIFORNIA 02701 TELEPHONES B34 -3697 AREA CODE 714 COUNTY ADMINISTRATIVE OFFICE GENERAL REVENUE SHARING SECTION 76 -RS -299 Mr. R. Wynn City Manager City Hall 3300 W. Newport Blvd. Newport Beach, California 92660 Dear Mr. Wynn: On June 15, 1976, the Board of Supervisors approved an amendment to the agreement between the County of Orange and the City of Newport Beach for the acquisition of inspiration Point Properties from Revenue Sharing Funds. A copy of the amendment is enclosed for your records. You should now submit appraisal and title documents to the County Department of Real Property Services through this office. Please refer to "Land Acqui- sition Projects Community Parks Assistance Program" for the specific doc- umentation needed. When these documents have been approved, you may begin invoicing the County for actual expenditures incurred in compliance with the contract. If you have any questions, please call me at 834 -6832. Sincerely, Je Bellsmith Administrative Services Assistant JB:vw Enclosure CC: Supervisor Riley Mr. Cal Stewart, Parks & Recreation Director f PLEASE RETURN TQ CITY CLERK CITY OF NEWPORT BEACH 33E13 NEWPORT BOULEVARD NEWPORT BEACH, CALIF. 92660 AMENDMENT TO AGREEMENT 0 This Amendment to Agreement is made and entered into this 1,2& day of , 1976, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation, and the COUNTY OF ORANGE, a division of the State of California. WHEREAS, the parties hereto have previously entered into a revenue sharing agreement dated March 18, 1975, in connection with the acquisition of two lots located on Ocean Boulevard at orchid Avenue, Corona del Mar, commonly referred to as the Inspiration Point Properties; and - WHEREAS, the parties hereto wish to amend said agree- ment to change the permitted sources of funds for the City's share of the acquisition costs and to further extend the date upon which all the funds received under the agreement must be disbursed or encumbered. NOW, THEREFORE, FOR AND IN CONSIDERATION of these mutual premises, and the covenants and conditions hereinafter set forth the parties hereto agree to amend the revenue sharing agreement dated March 18, 1975 as follows: . 1. Paragraph No. 3 of said agreement is amended to include the proceeds obtained from a general obligation bond issued for open space property acquisition as a permitted source for the City's share of this project. a � • 2. Paragraph No. 4 of said agreement is amended to extend the date on which all funds received under said agree- ment shall be disbursed or encumbered to, on or before July 1, 1977. 3. All of the remaining terms of said agreement remain in full force and effect and are binding on the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: An-c--� L-0-L-y-.0— City Clerk Dated: ATTEST: WILLIAM .E:-ST. JOHN, County. Clerk and ex- officio Clerk of the Board of Supervisors of'Orange County, California I Dated: CITY OF NEWPORT BEACH By �.._ Mayor COUNTY OF ORANGE By " a-' �J� ChairmaiV, Board ei Supervisors a APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ��1 �� k :%tS E • MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA June 15, 1976 b._._.. . IN RE: NOTICE OF COMPLETION DATA SERVICES SECONDARY POWER HOWARD P. FOLEY COMPANY On motion of Supervisor Riley, duly seconded and unanimously carried, the letter from the Assistant Director, GSA /Facilities and Real Property, dated June 8, 1976, stating that the contract with Howard P. Foley Company, contractor, for installation of an uninterruptible power source, Data Services Secondary Power, Project No. 0168- 420 -959, has been satisfactorily completed on April 23, 1976, is received and ordered filed and the work accepted. The Chairman and the Clerk are authorized to sign the Notice of Completion. [. IN RE: AMENDMENT TO AGREEMENT PARKS RECREATION & OPEN SPACE CITY OF NEWPORT BEACH On motion of Supervisor Riley, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign Amendment to Agreement between the County of Orange and the City of Newport Beach, for the acquisition of Inspiration Point Properties, formerly known as I Corona Del Mar View Park (1221- 310 - 550 - 534 -PA), dated June 15, 1976, (original Agreement dated March 18, 1975), as recommended by the County Administrative Officer in his letter dated June 8, 1976. F 1011 -2.2 i r Aff May 1�1,. -1976 i Cal Stewart, PB &R Ditr. Re; Extension of Revenue Sharing Agreement with Orange County for the acquisition of two lots in connection with Inspiration Point Attached is the original and two copies of the agreement to be sent to the Board of Supervisors for execution. This agreement was authorized by the City Council on May 10, by the adoption of Resolution No. 8767, copy attached. City Clerk's Office swk enc. i RESOLUTION NO. 8767 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THE COUNTY OF ORANGE TO EXTEND THE TIME IN WHICH REVENUE SHARING FUNDS SHALL BE DISBURSED OR ENCUMBERED FOR THE ACQUISITION OF INSPIRATION POINT PROPERTIES AND AMENDING EXISTING AGREEMENT WHEREAS, the City of Newport Beach and the County of Orange have entered into an agreement on March 18, 1975, for the use of revenue sharing funds for the acquisition of two lots located on Ocean Boulevard and Orchid Avenue in Corona del Mar, commonly referred to as the Inspiration Point Properties; and WHEREAS, said agreement provides that said funds must be disbursed or encumbered on or before July 1, 1975; and WHEREAS, on May 12, 1975, the Newport Beach City Council adopted Ordinance No. 8490, requesting the County to extend the time for disbursing or encumbering said funds until January 1, 1976. Said request was granted by the County; and WHEREAS, the City sponsored legislation to provide State matching funds for the purchase of said properties. Said legislation was never enacted; and WHEREAS, because the State legislation failed, the City found that it was impossible to encumber the revenue sharing funds by January 1, 1976; and WHEREAS, the City of Newport Beach is planning an open space property acquisition bond election to be held in March of 1977 which, if successful, will provide the necessary matching funds for the acquisition of the Inspiration Point Properties; and -1- _J 0 0 WHEREAS, the City Council wishes an extension of time within which to disburse or encumber these revenue sharing funds pending the open space bond election; and WHEREAS, it may be necessary to amend the agreement between the City of Newport Beach and County of Orange dated March 18, 1975, to provide for an extension of time and /or to permit bond monies to be used as a source of funds as the City's share of the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the City Council hereby. requests the County of Orange to extend the time for disbursing or encumbering the revenue sharing funds for the acquisition of the Inspiration Point Properties from January 1, 1976 to July 1, 1977. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute any amendment to the revenue sharing agreement between the City of Newport Beach and the County of Orange dated March 18, 1975, which may be necessary to carry out the intent of this resolution. BE IT FURTHER RESOLVED that the City Clerk of the City of Newport Beach shall transmit a copy of this Resolution to the Board of Supervisors for the County of Orange for their consideration. ADOPTED this 10th day of May , 1976. ATTEST: City Clerk Mayor DDO /bc 4/30/76 0 CITY OF NEWPORT BEACH CALIFORNIA City 11.111 3300 W. Newport Hivd, Area Code 714 673 -2110 DATE April 8, 1975 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1654 Description of Contract A�aement with the County fox' aoqufeition and Authorized by Resolution No. 8335 , adopted on August 12, 1974 Effective date of Contract March 18, 1975 Contract with County of Orange Address 515 N. yrarspxe Santa Ana, CA 92702 Amount of Contract Ste Agreement ity Clerk dm Attachment cc: Parks, Beaches 8 FTxm eation Dept. AGREEMENT THIS AGREEMENT made and entered into this /J-Z(, day 1,71,:i- of 1944-, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and the COUNTY OF ORANGE, a division of the State of California, hereinafter referred to as "County "; W I T N E S S E T H: WHEREAS, County has agreed to share some of its general revenue sharing funds with Cities, Service Areas and Park and Recreation Districts; and WHEREAS, the City of Newport Beach has.requested that one of these revenue sharing projects be the acquisition of Inspiration Point for recreational use; and WHEREAS, Inspiration Point is a recreational facility serving all of Southern California; and WHEREAS, City has a local parks ordinance in effect similar to the Quimby Act whereby developers donate fees or land in ratio to the standard of 2 -1/2 acres of park per 1,000 population; and WHEREAS, City has an adopted element of its General Plan showing parks and recreation lands and facilities, existing and proposed; NOW, , FOR AND IN of these mutual premises, and the covenants and conditions hereinafter set forth, -1- 0 the parties hereto agree as follows: 1. Inspiration Point shall be located on Ocean Boulevard at Orchid Avenue, Newport Beach. 2. The cost of acquisition for recreational use will include two ocean front building lots and shall be equally divided between the City and the County, the City to pay over the entire period of the project fifty percent (50'x) of this cost, or One Hundred Thousand Dollars ($100,000), and the County shall pay fifty percent (50%) of this cost, or One Hundred Thousand Dollars ($100,000), or a lesser amount if the City's cost of acquisition after the date of agreement is decreased. City shall be responsible for the cost of acquisition and design overhead, as well as operation and maintenance; such costs are not included in joint funding. Payment by the County, based on actual expenditures, shall be made upon tender of City invoice and documentation to County and approval by the County Administrative Office. 3. City's source of funds for its share of project costs ($100,000) shall be Building Excise Tax Fund or State of California. 4. For purpose of this Agreement, all funds received under this contract shall be disbursed or encumbered on or before July 1, 1975. 5. City shall maintain accounting records and other evidence pertaining to costs incurred, which records shall be kept available at the City's office during the contract period and thereafter for five (5) years from the date of final payment -2- 0 ! of County revenue sharing funds and shall make said records available to the County for any purposes at any time, and agrees that quarterly progress reports will be supplied by the City to the County Administrative Office. 6. City agrees that for acquisition projects appraisal services and all other acquisition overhead, including title documents, shall not be included in joint funding. City further agrees that appraisals and preliminary title documents shall be approved by County before City is reimbursed by County. However, in the event appraisals are not approved by County, additional appraisals shall be obtained by City. County will reimburse City only for fair market value of land. 7. City acknowledges that the funds being provided by County are funds received by the County of Orange pursuant to the State and Local Fiscal Assistance Act of 1972, Public Law 92 -512, and that expenditure of these funds must be in accordance with said Law and regulations issued by agencies of the Federal Government. City further acknowledges that when such funds are used on any construction project for which twenty -five percent (25 %) or more of the costs are paid out of revenue funds, pre- vailing wages mustbe paid in accordance with the Davis Bacon Act, as amended, 40 USC 276a- 276a -7, and that labor standards as specified by the Secretary of Labor must be complied with. City agrees that if subsequently determined that said funds were not expended in compliance with the Federal laws and regulations, City will refund to County such sums which were improperly expended 8. No person shall, on the grounds of race, color, -3- national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under this contract. 9. City agrees the project acquired under this program must be retained for public parks, recreation or open space purposes in perpetuity, along with a level of operation and maintenance adequate to insure the maximum utilization of the project by the public for recreation purposes and that the use of the property shall be granted to all residents of the County on the same conditions that residents of City use the property and that if the property ceases to be used for said purpose City shall repay to County the sums contributed by the County hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: WILLIAM E. ST JOHN, County Clerk and ex- officio Clerk of the Board.of Supervisors of Orang y, e Count California 11 By: n' COUNTY � O dGE By: A . Chairm i, Board of Supervisors APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY By: C �. AUG 14 1974 CITY OF NEWPORT BEACH, a municipal corporation By: Mayor ATTEST: T9� Nrw pq OF Sit �CA( /FB`ACy 'ii 11 3 4 5 SII I g 9' 10 11 12 13 1.4 J � W � 0 z 15 °j0 L' ° W W 16 W ' u 4=z 0 00 17 V is 19 20 21 23 24 25 26 27 2s 29 30 31 32 PCA:kls I°I0z -]z cRs RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA March 18, 1975 On motion of Supervisor Riley, duly seconded and carried, the following Resolution was adopted: WHEREAS, by Minute Order dated December 17, 1974, the proposed agreement between.the County of Orange and the City of Newport Beach for the acquisition of Corona del Afar View Park ( "Inspiration Point ") was ordered referred to the County Counsel to investigate possible prescripti rights in the said real property; and WHEREAS, the County Counsel has completed his investigation and s mitted his report, concluding that there is insufficient evidence to sup- port a claim of prescriptive rights. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The report of the County Counsel is received and approved. 2. The proposed agreement between the County of Orange and the City of Newport Beach for the acquisition of Corona del Mar View Park is approved. AYES: SUPERVISORS THOMAS F. RILEY, RALPH B. CLARK, R. W. BATTIN, LAURENCE J. SCHMIT, AND RALPH A. DIEDRICH NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE STATE OF CALIFORNIA ) , o�191 COUNTY OF ORANGE I. WILLIAM E. ST JOHN, County Clerk and ex- officio C rk, f „X Board of Supervisors of Orange County, California, hereby cer that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 18th day of March 1975 , and passed by a unanimous vote of said oar . IN WITNESS WHEREOF, 18th day of March Resolution No. 75 -357 Report on Possibility of Prescriptive Rights in Corona del Mar View Park ( "Inspiration Point ") 1 have hereunto s e my hand and seal this 1975 f WILLIAM E. ST JOHN County=Clerk and ex- officio Clerk of >he .Board of Supervisors of Orange County, California By U puts August 15, 1974 PARKS, TIES & RECREATION DMC"R N 9 Ate' WITH THE axwy FOR ACQiR MOK AND DEVELOPFM OF INSPIRATION POIRr CLIFF DRIVE VIEW PARK AND RHINE WHARF PARK, C -1654. C -16 and C-1666 Enclosed are original and two copies of each of subject agreements which have been signed by the City. Said agreements were authorized by the City Council on August 12 by the adoption of Resolution No. 8335. Please transmit to the Board of Supervisors for approval. After agreements have been signed by the County, a fully executed copy should be returned to this office for filing. Iaurn Lagice City Clerk LL:swk enc. AUG 1 2 1974 By the CITY COUNCIL C" OF M!-!mlOY INACH RESOLUTION NO. 8 33 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF THREE REVENUE SHARING AGREEMENTS BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE FOR THE ACQUISITION AND DEVELOPMENT OF PARKS FOR RECREATIONAL USE WHEREAS, there has been presented to the City Council of the City of Newport Beach three revenue sharing agreements between the City of Newport Beach and the County of Orange in connection with the acquisition and development of parks for recreational purposes, as follows: and 1. For the acquisition of Inspiration Point; 2, For the acquisition of Cliff Drive View Park; and 3. For the development of Rhine Wharf Park; WHEREAS, the City Council has considered the terms and conditions of said revenue sharing agreements and found them to be fair and equitable, and in the.best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said three revenue sharing agreements above described are 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 12th day of August, 1974. Mayor ATTEST: City Clerk mh 7/19/74