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Home My WebLink AboutC-1655 - Co-op financing agreement for Cliff Drive View ParkE REQUEST FOR WARRANT To: Auditor- Controller, County of Orange, Santa Ana, California 4L CLAIM OF: PAYEE'S NAME & ADDRESS City of Newport Beach City Hall 3300 Newport Blvd. - Newport Beach, California i 3/26/75 Payment for acquisition property for- 41iff Drive Vi6r-V0Vk .. Per Revenue Sharing Agreement approved by Minute Order dated Sept. 24, 1974. --------------------------- t, _ Ew�R CITY OF NEWPORT BEACH NEWPORT BEACH, CALIFORNIA 92660 OaTE ! RECEIVED FROM { FOR --L. �..c: l� `,l`_'i Ll.'Li�.. cis _ _i O lt'CC AMOUNT $200,000 RECEIPT ! No. u8106 $ C Ct G- u c. cY I -- APR 1 : 197'5 l (}('- 'L!.(:'(r CITY OF NEWPORT DEPARTMENT nR TRANSACTION NO, CLERK NO, TOTAL $200,000 AUDITOR'S USE ONLY DEPARTMENT'S USE -COMPLETE IN DETAIL SIC ENC. REV. P.O. NO. FU�BU OBJ. SUB-08.1 RESP.CTR PPB PROJECT NO, GRANT AMOUNT 310 509 530 PA $200,0 TOTALPAYMENT I HEREBY CERTIFY THAT THIS CLAIM IS TRUE AND CORRECT AND THAT PAYMENT HAS NOT BEEN RECEIVED BY EXPENDITURES AUTHORIZED AND APPROVED BY APPROVED V. A. HEIM. Auditor- Controller CLAIMANT DEPARTMENT HEAD OR AUTHORIZED SIGNATURE DEPUTY DEPARTMENT nR CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE January 22, 1975 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1655 Description of Contract Revenue Sharing Agreement Between the City of Authorized by Resolution No. 8335 adopted on August 12, 1974 Effective date of Contract September 24, 1974 Contract with County of Orange Address Board of Supervisors Amount of Contract Citv (53 %) - $220,000 / County (47 %) - $200,000 ity tie c . 1 � ' Pie sc rcn; -v ro, ❑?Y L' .. ::.. r .'....H 33CC'i�'c'Nrl_ NZ-WPoa- aL:A�:r:, CALIF. 92540 AGREEMENT THIS AGREEMENT made and entered into this o !_ day of &fL / 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 acquisition of the Cliff Drive View Park for recreational use; and WHEREAS, Cliff Drive View 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 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, THEREFORE, FOR AND IN CONSIDERz1TION of these mutual premises, and the covenants and conditions hereinafter set forth, -1- the parties hereto agree as follows: 1. Cliff Drive View Park shall be located at Cliff Drive and E1 Modena, Newport Beach; 2. The cost of acquisition for recreational use will include three acres and shall be equally divided between the City and the County, the City to pay over the entire period of the project fifty -three percent (53 %) of this cost, or Two Hundred Twenty Thousand Dollars ($220,000), and the County to pay forty - seven percent (47 %) of this cost, or Two Hundred Thousand Dollars ($200,000), 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 expnditures, shall be made upon tender of City invoice and docu- mentation to County and approval by the County Administrative Office. 3. City's source of funds for its share of project costs ($220,000) 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 January 1, 3975. 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 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 revalue funds, 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 it is subsequently determined that said `uad3 (rare 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 JOAN, County Clerk and ex- officio Clerk of the Board of Supervisors of 0 nge county, California By; APPROVED AS TOE {FORM: IiIOIIAJ114 /l V . /// 4J Cify Attorney COU7/� ORANGE By: ma , Board of Supe isors APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL By: �� CITY OF NEWPORT BEACH, a municipal corporation By: Mayor ATTEST: Ci+.y Clerk 0 CT" Y CUITY PP,Rit."l., -'P -.r £ RECREATION D= -CTO°. CITY CLEP1t 0 August 15, 1974 AGREE 040 WITH THE COUNTY MR ACQUISITION AND DEVELOP.= OF INSPIRATION POUT, LIL DRDE VIEW_PAPX RM PHTDE T,Umr PAM(, -1654, C-1655 and C -1656 Enclosed are original and two copies of each of subject agree.^.rnts Which have been signed by the City. Said agree.^ents .,,ere authorized by the City Coumcil on August 12 by ''-e adoption of Resolution No. 8335. Pleasa trw.smt to the Board of Supervisors for approval. After a�eTrnnts have been signed by the County, fully executed copy should he returned to this office for filing. aura I& os City Clerk LL: Ttvk ?nc. .UG 2 W4 ly Me CITY COUNCIL (Y eW M4WPOST 26 H • RESOLUTION NO. 8 33 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 mh 7/19/74