The URL can be used to link to this page

Home My WebLink AboutC-1656 - Co-op financing agreement for Rhine Wharf ParkCITY OF NEWPORT BEACH CALIFORNIA City Hall � <<FORN� � . 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE January 229 1975 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1656 Description of Contract Pamus Sharing Amt Between the CitY of Authorized by Resolution No. 8335 , adopted on August 129 1974 Effective date of Contract SsptemDsr 249 1974 Contract with County of Or+atW Address Board of Supervisors Amount of Contract City (601) - $609000 / County (40%) 8409000 0 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA September 24, 1974 IN RE: AGREEMENT REVENUE SHARING PARKS, RECREATION AND OPEN SPACE CLIFF DRIVE VIEW PARK CITY OF NEWPORT BEACH On motion of Supervisor Baker, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement, dated September 24, 1974, between the County of Orange and the City of Newport Beach, providing for the acquisition of land for Cliff Drive View Park. IN RE: AGREEMENT REVENUE SHARING PARKS, RECREATION AND OPEN SPACE RHINE WHARF PARK CITY OF NEWPORT BEACH On motion of Supervisor Baker, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement, dated September 24, 1974, between the County of Orange and the City of Newport Beach, providing for the development of Rhine Wharf Park. IN RE: PROPOSED APPROPRIATION OF REVENUE SHARING FUNDS SOCIAL PROGRAMS ORANGE COUNTY INDIAN CENTER On motion of Supervisor Baker, duly seconded and unanimously carried, the proposed appropriation of Revenue Sharing funds for the Orange County Indian Center is endorsed in concept and the County Administrative Officer is directed to revalue the budget structure and to submit a report to the Board of Supervisors in two weeks. The Orange County Indian Center is requested to state where it expects to secure additional funds. IN RE: REQUEST FOR LEGAL COUNSEL ORANGE COUNTY AIRPORT LAND USE COMMISSION The motion of Supervisor Clark to deny the request for legal counsel for the Orange County Airport Land Use Commission is lost on roll call. AYES: SUPERVISORS RALPH B. CLARK AND R. W. BATTIN NOES: SUPERVISORS DAVID L. BAKER AND THOMAS F. RILEY ABSENT: SUPERVISORS NONE (ABSTAINED: SUPERVISORS RALPH A. DIEDRICH o /LRABR RETURN TO, LAURA fAGIOS, CITY CLERK CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPOI6T BEACH, CALIF. 92660 AGREEMENT THIS AGREEMENT made and entered into this q#�'Vday of��e!/Y�(�iP_ 1974, 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 development of Rhine Wharf Park for recreational use; and WHEREAS, Rhine Wharf Park is a recreational facility serving all of Orange County; 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 1000 population; and WHEREAS, City has an adopted element of its General Plan showing parks and recreation lands and facilities, existing and proposed; NOW, THEREFORE, FOR AND IN CONSIDERATION OF THESE MUTUAL PREMISES, and the covenants and conditions hereinafter set forth, 1 M the parties hereto agree as follows: 1. Rhine Wharf Park shall be located on Lido Park Drive at Lafayette Avenue, Newport Beach. 2. The cost of development for recreational use will include landscaping, parking, a pedestrian wharf and view benches and shall be equally divided between the City and the County, the City to pay over the entire period of the project sixty percent (60%) of this cost, or Sixty Thousand Dollars ($60,000), and the County shall pay forty percent (40%) of this cost, or Forty Thousand Dollars ($40,000), or a lesser amount if the City's cost of development 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. Payments 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 ($60,000) shall be Building Excise Tax Fund. 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 of County revenue sharing funds, and shall make said records available -2 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 development projects planning and design services and all other development overhead shall not be included in joint funding. City further agrees and acknow- ledges responsibility for the design of development projects and that plans and specifications shall be approved by the County prior to advertising for bids. 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 fund, prevail- ing wages must be 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, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, -: 0 0 any program or activity funded in whole or in part with funds made available under this contract. 9. City agrees the project developed 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 Orange County, California By: COUNTY OF RANGE By: Chairman, Board of Supervisors APPROVED AS TO FORM ADRIAN /K�UYYP,E_R, /COUNTY COUNSEL By: CITY OF NEWPORT BEACH, a municipal corporation By:�y�ise�' Mayor ATTEST: C y Clerk R AMMIENT WrM THE COMP FOR ACgLaSITION AND DEVEiDM= OF INSPIRATION POINT, CLIFF MW VIMW PARK ACID %MM WF.ARF PARK. C-1654, C -1655 and Q:= Enclosed are original and two copies of each of subject agreed which have been sighed by the City. Said agreem is were authorized by the City Council on August 12 by the adoption of Resolution No. 8335. Please transmit to the Hoard of Supervisors for approval. After agreements have been sighed by the County, ? fully executed copy should be returned to this office for filing. Laura Lagios City Clerk LL:swk enc. 0 AUG 12 1974 u RESOLUTION NO. 8 335 / t j° By the CITY COUNCIL A RESOLUTION OF THE CITY COUNCIL OF THE CITY CITY ®F NRT YiACH 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