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HomeMy WebLinkAboutPort Provence Place, 1891 / Port Carney Place, 1910 (Buffalo Hills Park)•• aYP01a Ga11 W, 4 Iw \.1. y W1 &I=W(� &V O auil, Life UIlaeL`.51911WLL hereby- consents to and requests the cancellation of taxes on certain real property identified as a portion of Lot 96, Tract 6621, City of Newport Beach, Asoessor's Ra pel Nos. 468- 101 -06 and. 458 - 101 -19, and more. particularly described in the attached copy of city CdWwcil Resolution No. 7143 whereby the City o€ P?ewport Beach accepted the grant deed conveying the above property; said grant deed, dated April 30, 1970, was recorded osi June 30, 1970 in Book 9333, pages 8 -11, Official Records of Orange County, California. Thank,you - for - your consideration in this matter. Yours very truly, TULLY H. SEYMOUR City Attorney I THS: mh Att.- ccs City Manager city.- Clerk✓ Public Works Director crL°r CLEPY July 27, 1970 PUBLIC WORKS DEPAMUgT CITY CLERK BUFFALO HILLS PARK GRANT DEED A copy of the Comon3tion Grunt reed in connection with Buffalo `sills Park is attaclued with the recording information noted thereon. This deed was accepted by Pesolution No. 7143 adopted by the City Council on February 24, 1970. Laura Lagios City Clerk cc: City Attorney w /copy 4k June 24, 1970 FROM: City Clerk TO: File SUBJECT: Agreement to Convey Park Property (Buffalo Hills Park) The Irvine Company copy and the third copy of subject agreement were signed and given to the City Attorney this date for transmittal to The Irvine Company. The fully executed original copy of the agreement was retained for our file. D. George Deputy City Clerk TO: CITY OF NEWPORT BEACH CITY ATTORNEY epartment City Clerk DATE: June 17, 1970 FROM: City Attorney SUBJECT: Resolution authorizing execution of an agreement with The Irvine Company re- lating to conveying certain property to the City of Newport Beach in connection with Buffalo Hills Park Transmitted for presentation to the Council at the meeting of June 22nd is a proposed resolution, together with a memo from the City Attorney It is requested that copies of the memo with the attached copies of the agreement be included in the agenda packages TULLY H. SEYMOUR City Attorney THS:bl Att cc: City Manager Planning Director Public Works Director PB &R Director file � 1 ,+jam A OF M QOMjCzL Or xUK CM M Ta &v4vrm W CITY or NEWPOat ., TO G►NUY O'.40ij ) HTLLS 1°!R. iteiitEAS� -t is gnriaipaarea ::hat the liewpatt -Mt" Unifiod School District Will acquire a eehool site_adjgtent to Gertain pzuperty which was conveyed to the City of NCwPvct $each by The Irviats Company in conseatiou with the developasa>Ac of ad"10 Bills 2hrk and tdMMW, there has been ,preeeatod to the City Gountril of the City of port 3eaeh;a aartain agreement betweas the City of Newport Beech aww The I visa Company in comet tion with aohveyisd .to the City of Newport Beach the said intended school olfle pvopwM iia'ow event .the Sow it D triat does not vish to tom title 4 t itte;>iased for p*lie Park purposes; autd `, the CL Y COWMI has coasido rwd Gus Cakuio and eeaditi0us`al.i4dA : a found this to be fair and Goi.tahle; .. . yt i .Ali:xt But3 vxi° that maul agreemear to 400"Y Park' Va P t;'ty is and tae "r and City Clerk are .harsby Mthorttma0 &W. 6004 to eutcuta the same un behalf Of the city -09 Newpoft Leh. AWl'M this 22nd d ►.wf dltSii4, 1990. hf UT t ec- Tits 6-9-70 June 23, 1910 Boyce A. Swineford Administrative Assistant Residential Development The Irvine Company $50 Newport Center Drive Newport Beach, California 92660 Re 3 MWALO HILLS PARK Dear Joyce% Inclosed herewith is the fully executed Irvine Company copy of the Agreement to Convey Park Property between the City of Newport Beach and The Irvine Company aw#ering' the conveyance of Parcel A and an agreement by The Irvine Ceepany to great an easement for park purposes over Parcel-C. The balance of the documents referred to in your letter of wxy It 19" have been forwarded to Dick Soltow at Title Insurance and Trust Company for recording, in accordance with your instructions. Attached is a copy of the letter transmitting said documents. - Yours very truly. TALLY I. SBYMOUR City Attorney B. Dennis OwNeil •Assistant City Attorney DO'V:mh H=l. cc: Barry Merrill Donald L. Bran Company Robert R. GaRiven, Harbor View Community Association Dick Seltow, Title Insurance and Trust Company ity Clark CITY..OF NEWPORT'BEACH CALIFORNIA''' i.v llr.ici:'Z61te .. Title I"iwance.Mad Trust Company 800 Worth Maia :Street Santa Ana, California Ret .DUBFALO HIUM PARK Dear "8oltsw; Enclosed 61wit -h for recording, fu accordance..vith instructions from The Irvi"' Company dated May 10 1470, by Joyce A: 3WLnef8rd, Or* the folioWng doeuments: 1. Corporation tarsal Deed from The Irvine Company' to the 't C.kty .of Newport Beach covering Parcel A. as shm n on a Yaeasd®d in Book 12 , page 7 of Parcel Yaps, Recoicds . of O"W County, Cali fos^tsia; y' 2 Grant of Saaamout from Harbor View Comamnity Aalpciation to the city of Newport Beach over a portion of'Porcel B; 3. Grant of Easement from The Irvine Cony to the City of Mawport Bsaolt: ever a portion of Parce Ci WMt Recording of Items 1, 2 and 3 requested by the :' City of Newport Beach. Corporation Grant Deed from Harbor View Comm ntiitqq „;. Association to The Irvine Company, covering Lot 95 of �" i•`` t: Tract No. 6621 as shown on a Map recorded in Book 244, '' ��.• pages 1 to 69 Ulusive, of Miscellaneous Maps, Records of Orange County, California; Corporation Grant Deed from The Irvine Company to harbor fir`. +" Viev Community Association coveringg Parcel B. as shown on a map recorded in Book 12 page 27 of Parcel leaps' " B.ecords of Grengs County, California; NM: Recording.of Iteam 4 and 5 requested by The Irvine company; charges to be billed to the Donald L. Bran Compacyo 15293 Ventura Boulevard, Suite 500, Sherman Oaks, California 91403. '-'= Buffalo Hills pari: ..2= 9 Jum Z$, 19 6. Grant of Easement from the City on Newport Beach to Harbor Vim' Comity Association over r-?'!a . Portioxa ti Parcel A. WMs Recording of Item 6 requested by The Irvine Coate =i;us charges to be billed to The Irvine Cormany, 550 Newport Center Drive, Newport Beach, California 92660. In addition, The Irvine Company hau .ceq!ii,'s e photocopies of all recorded docu- nere . zs o the attention Joyce Swine£crd; ane to Mr. 1507"rt Harbor Viaov Commnanity A ssociatiort, 10'51 :port Mewport Beach, California 92660. DO' N: mh Encl. 5 that yoE=_ forward Irv:Lne :ompany Gailivan, President, Westbourrne Place„ :ours 7;ery truly, CITY OF H�ITMT BB.&CH Td LLY H. SE IJUR City attorney By: nn > O'Neil- Assistant Ci.t )r %,ttarney cc: Harry Merrill Donald L Bran Company Robert H. Galiivan, Harbor View Cotwamlty Associatiorn Joyce Swineford, The Irvine Company t/ity Clerk To: r CITY OF NEWPORT BEACH City Attorney Department The Honorable Mayor and Members of the City Council From: City Attorney • Date: June 8, 1970 Subject: Resolution authorizing conveyance of a walkway easement to the Harbor View Community Association in Buffalo Hills Park The easement in question is to authorize the Community Association to take walkway access on a strip of land located along the outer boundaries of Buffalo Hills Park for the purpose of maintaining buildings which abut the park. �J // LLY SEYM4�� C ity ttorney THS:mh cc: City Clerk ✓ City Manager PUR Director ' r %'4SC'LVTj00i C _I A RESOLUTION OF WRL l2 Y COUNCIL W :RB cm OF =WORT U-A,;,i a4al1QgTZm E" ?.irlut, 1F A Gs Aa ril OF e.ASL&NT'r IIC.eFAVAIO�R. OF °a` tu' "i..a "- Y As".CLS Pulki(oSU TO PIrRF .'M BULW 110 MAIMEXANCE IF, COM&CMAM V Ii1 iitlYFALU HILLS PAIK ific iit a',a, a -,rant of esataa,ment bAa brag prapasret in favux of tip Harbor View CUr r nz,ty Association* wh pie provides a Waakway access f:::r the guz'pose rf PerfDMin2; a -)uildtng mairMana icic in- uciuxe t.ion with bafi;ala H,i.1i.s Park; and i711fi:°ri AJS, ix has Lear, ti,> termined that SraItin& said walkway access € m-,ld be deesirabla and is the pai)lic intereast; MWj THEREFORE 3, BE IT iMSOLVEO by the City C, ar.:il Of the City of Newport Beach Uutr. the b4yor and `icy �"'lvrk be and are hereby authorised and d,'Creeted to execu t, a Brant of easement to the Harbor View goWanity a fisoeciatior:, in cutl::eCti.cn with building akaiQLtraUCe in Buffalo Hills Park, Covee-I 4 a strip of lanti 5.25 reef to 10.67 feet Wide over a VL:rtian of Parcel. "A' of karcel Maps, in the City of Newport Beach, per Parcel Map retarded in Su" 22, page 27 of Saar cal Maps, Records of Uraage County, California, descri"d as allowst BRGIMNING at the wat NG theaat comer of Parcel 'b" as shown on said Parcel Map; thence SouLise ldy and Easterly alo the Easterly anti Wortlurly line of saki frarcel B the 1011owing ciurses: South 6" 36` i7" West 10.67 ieat; thence South 81 23' 43 ` tossL 76.00 feet; thence south V 36' 17" Wesx 2.00 feet thence North al" 23' 43 West 2.00 feet; Chcnce south 8 5 36' 17'' West 37.1; feet; thence South si° 23' 43 East 25.08 f"-t; thtnae Horth 80'36' 17" Last 2.ei0 feet; tharce South 810 23' 43 '' Est 1.17 feet-, Laence South 0° 36t 17" 8099 55.16 Fast; thence South 31° 23' 43" East 4.76 feet; Lheace South 60 .3b' 1't" W*" 6 x.00 feet; thence Irr►inb tae hasterly 11r £ sa e iar-el "S ", cuth 51 23' :3" last 5.25 feet .her:ee North v 3u' 17" Last 129.16 feet; thence ScIuLt 6i° 23 43" Weer 24.25 reet° thence North 8° 36' 17" cast 37.64 feet; thence North 613 23' 43" West 68.00 feet ` the Paint o: Beginning SUBJECT TG: All Cc$vei ?aa +:s, Rights, Rights -of-Way anii Easements of Record. 5E.- IT PMILER RBSCLVEU that the City CleriL is her,61ay directed to cause z3aid grant of easement to be recorded in Uw Gffi.ae of the Orange County keeordi;r. A�A)PTLD this 6di day of June, 1970. ATTEST: City Clerk Rayor rki:s -2- 6 -5 -70 CIr' OF NEWPORT BgACII MEMORANDUM: From City Attorney TO ... ..... City.. Clerk .. ............................... June .5 9.. 70 1.... Re: Resolution authorizing execution of a grant of easement in favor of the Harbor View Community Association for walkway access purposes to perform building maintenance in connection with Buffalo Hills Park Transmitted for presentation to the Coune_1 at the meeting of June 8, 1970, are copies of a proposed resolution in connection with the above subject. CC: City Manager Public 1�7orks Director Reply wanted p Reply not necessary p NO -Za THS.mh Att. sy C ty�`Attorttey.. CITY OF NEWPORT BEACH PARKS, BEACHES $ RECREATION DFP.ARINENT April 23, 1970 TO: HARVEY L. HURLBURT, CITY MANAGER FROM: PB & R Director SUBJECT: RECREATION PROGRAM - HARBOR VIEW COAMITY In response to a request by the residents of Harbor View Hills for assistance in recreation programming, I can forward to you the following information: Y Recreation Superintendent Dusterhoft and I have discussed the future programming for Buffalo Hills Park and we have concluded that several programs will be available to the children of that area through our normal programming procedure. Beginning this summer, we will be conducting a softball program for the boys in that immediate area in the classifications of "C ", "CC" and "Starter". This will encompass the majority of the age groups from the Bren development. Additionally, we will hold registrations for our athletic program for activities such as flag football, basketball, girls softball and girls soccer. If the registration from the Harbor View area merits it, we will conduct those programs in Buffalo Hills Park. As you know, we no longer have playground staff per se, but we are equipped to place recreation leaders in any area where the registration in our athletic and sports programs merits this staffing. We have notcontacted the Harbor View Community Association president, Mr. Gallivan, but we will do so in the near future. It may be that the .Association is asking us to provide a leader to program the use of the commun- ity building and the swimming pool. I am only assuming this, but if such request is being made, it would have to be on the basis that any such program would be self- supporting and that those facilities in question would be open to the general public. I believe this gives you sufficient information to report to the City Council at this time and if I gain any further information after commun- icating with Mr. Gallivan, I will forward that information as soon as it is available. CCS:h WART ROBERT H. GALLIVAN ATTORNEY AT LAW 515 CIVIC CENTER DRIVE WEST SUITE 305 SANTA ANA, CALIFORNIA q2701 TELEPHONE 835-0207 April 17, 1970 City of Newport Beach 3300 Newport Boulevard Newport Beach, California Gentlemen: �j Please find enclosed a petition executed by the Harbor View Community in Newport Beach. it to you for your consideration on behalf View Community Association. HARBOR AREA OFFICE 474 EAST 17T� STREET SUITE 201 COSTA MESA, CALIFORNIA 92627 YCLEPHONE 642-6595 residents of I am submitting of the Harbor Our Association would appreciate any assistance that the City may be able to give us in providing appropriate recreational direction for Buffalo Hill Park. If you wish any further information regarding our request please contact me directly at my home address set forth below. Thank you for your assistance and cooperation. RHG/j am Sincerely, Roge�rt H. Gallivan President Harbor View Community Association (Residence: 1851 Port Westbourne Place, Newport Beach) Daw 7 .. ........................ COPIES SENT TO: El V,Idi, Work- D4 .. sw 7 1 T0: THE CM' v. ij 'V,,P'R7 01P:CS, D A SENT ,�,lc , THE UNDERS I ONE D , 1 R'- OF C . ASSOCIATICN, H--REBY REQUEST THE AID OF A RECREATION LEADER OR SPO TS COORDINATOR FOR 3UFFALO HILL PARK To CONDUCT A YEAR-RCUND RECREATION PRrG.RA M, FOR OU:< YC,,;" h. ,2- IS- 7 i -ice -gip 4-AP-7e) o?—/S'--76 g- I s-7o IX--7v Ir-70 4" 1,15'DO 70 s s A-1-5--76 I V: L 70: HE CITY G.- BEAC ' - P B—C—S -;%!D R`:_ ON I ri I � - _�' ;.- 1� " :V . am' , I WE, THE: UNDERS JGI;E_-, OF -1 :.--- w V ; ' ';: COX:;UN I TY A.,SOCi A TION, HEREBY REQUEST THE AID OF A RECREATION LEADER OR SPORTS COORDINATOR FOR BUFFALO HILL PARK TO CONDUCT A YEAR-ROUND RECREATION PROGRAM FOR OUR YOUTH, DA T E , I N .. _ L n ^ r , S¢ MAMMA- K /J IPA`-',R-OR V 1 W CC'i 'tYU1' I Y ASSOC AT 10!d TO: THE CITY OF NEWPORT BEACH - PARKS, BEAC;ES AND RECREATION' DEPARTMENT; WE, THE UNDERSIGNED, MEMBERS OF THE HARSOR VIEW COMMUNITY ASSOCIATION, HEREBY REQUEST THE AID OF A. RECREATION LEADER OR SPORTS COORDINATOR FOR BUFFALO HILL PARK TO CONDUCT A YEAR -ROUND RECREATION PROGRAM FOR OUR YOUTH. DATE r 6 1170 /7L cam..5 'To NA ME ADDRESS dMcdaas p ! 1871 PbeT tl +ks'r4rE p,[ . Ac 8. &�- eWt L-6 l Ypa o l a-� Pe rl, 13. n yr v 7 TO: TKE CITY 07 D RECREA_. JON HFARG "=NT I W I Z , -1 PC: UNDERS I CNED , MEMBE RS Or T'ri_- _-Cl; V : ✓.i I T - As Soc i AT ION, HEREBY REQUEST THE All) OF A RECREATION LEADER OR SPORTS COORDINATOR FOR BUFFALO HILL PARK TO CONDUCT A YEAR-ROUND RECREATION PROGRAM FOR OUR YOUTH. DATE . M 4 & Ah 170- 4Q-.10 __2� TO: HARBOR VIEW COMMUNITY ASSOCIATION THE CITY OF NEWPORT BEACH PARKS, BEACHES AND RECREATION DEPARTMENT WE, THE UNDERSIGNED, MEMBERS OF THE ,_AR60R V!E'W COMMUNITY ASSOCIATION, HEREBY REQUEST THE AID OF A RECREATION LEADER OR SPORTS COORDINATOR FOR BUFFALO HILL PARK TO CONDUCT A YEAR -ROUND RECREATION PROGRAM FOR OUR YOUTH. DATE . -�Lo - 70 i 177o L i c /'1/ /_/p NAME ADDRESS 21 ✓J "e7 l >, Ll C/ -1u :!ARBOR VIEW COP1lSUN I TY ASSOCIATION TO: THE CITY OF NEWPORT BEACH - .PARKS. BEACHES AND RECREATION DEPART;,IENT WE, THE UNDERSIGNED MEMBERS OF THE HARBOR VIEW COMMUNITY ASSOCIATION, HEREBY REQUEST THE AID OF A RECREATION LEADER OR SPORTS COORDINATOR FOR BUFFALO HILL PARK TO CONDUCT A YEAR - ROUND RECREATION PROGRAM FOR OUR YOUTH. S I ' -2 d--1 .� - /S_-'70 lJ �, ✓S -7�. �i ADDRESS �1 -IiJ9 !K u ., / 0/ LPv� `50" AT N tAR" M V E%J 104 • TO THE CITY 'OF NEWPORT SEACH - PARKS 8,7AC_ -S AND RE'%ZATION DEPARTx�;%:�j -1 ­ Lull- WE, THE UNDERSIGNED, MEMBERS OF THE HAR,�O,t VIEW COMMUNITY ASSOCIATICIZ, HEREBY REQUEST THE AID OF A RECREATION LEADER OR SPORTS COORDINATOR FOR BUFFALO HILL PARK TO CONDUCT A YEAR-ROUND RECREATION PROGRAM FOR OUR YOUTH. DATE: 22:�C­P6 20 A:) DR F. 5 5 &t eju;�k, Zo G A zg�fq_s 72,46 )304 pi (16A _/y ,, - ; V �L� T iVi\ TO: THE CITY OF EEACX 'ARKS HA C AND REI- REATION D_ ?ARTPA_7NT !rIE� THE UNDERSIGNED, NE43cR5 OF TH E SOS Vi--w CO �,.Ui.ITY ASSOCIATIONS HEREBY REQUEST THE AI-0 DP A RECREATION LEADER OR SPORTS COORDINATOR FOR BUFFALO HILL PARK TO CONDUCT A YEAR — ROUND RECREATION PROGRAM FOR OUR YOUTH. DATE C w 76 , 87- - Zo a- l-- 70 .t- /S- 70 L-* tr- o 2� , r yo , d -70 'os 70 f a�r�a 2 sl oS Jc WM"IN v w I L - 176 7 Pet. 5- CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER STUDY SESSION ITEM 2 April 13, 1970 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: BUILDING EXCISE TAX You may want to take the x�psmation into consideration on considering the matter of the ffa�u lao Hi11s,/Park extension. Regardless of what you do on the Park, I feel Ott we should move ahead on an adjustment to the Building Excise Tax to become effective on July 1. One thing that was brought to my attention today which I had not thought about previously in relationship to this matter was the fact that The Irvine Company used to either give properties to the City for fire stations, etc., or else sell them at a reduced price. I am not sure whether or not this was part of the con- sideration when the formula was adopted by the Council six years ago. It may be that some of the Councilmen involved at that time can speak on this matter. However, if this was so, it is obvious that we have a different situation today since we pay top dollar for all land that we get from The Irvine Company with the exception of park properties. HARVEY L. HURLBURT HLH:ep att. 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C L a) C %-.a L L L •r 'T.7 L 4Y 10.0 L 0 N r N 9 L 0 C E a) 10 '0 '0 W-, E 4J •�'0 10 r Y C E Y •r L W r 9 019 r a) C Y m " E O. C O E 7 10 N. 7 C 0. 10 a) 41 N 10 a) 10 L 7 0 m d N r 10 C C a) .r Y 10 N >1 0) 10 E >) (7-3 C Q 10 a)'1 L. 10 C U) L rJ 01 0- 4- L L w 64, N 7 r 1-1 7 C L •O W X r (0 L 0) 10 U O U L r r U LL 10 00 r1 F-•. W 10 1 1 1 1 Q. t) Q 1 LL (,� lL 2 Q N 00 -C C E r Y a) r v r• v> j Y 0) 01 4J Y a) O Y a) Y W N O Y 10 O ya r E CO E v Lp L. .r w L lN Y Y Y iS j i1• W W { DONALD L. BREN COMPANY 15233 VENTURA BOULEVARD/ SHERMAN OAKS, CALIFORNIA 91403/ (213)783 -5950 March 31, 1970 .Dale I-/— / ..? �,liu w: rr �I'ir �i a� 1'.�orl- Ili rea;.q r� i';an nine Ilirrr1ioF,I- . 1` Id. 1,6r P84f�C wSyY u 1 ❑ ComciLngpg �•(L�.r��9v7 Y City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California RE: PARK DEVELOPMENT PROPOSAL - EXTENSION OF BUFFALO HILLS PARK Madam Mayor and Councilmen: In order to provide for the completion of the southerly extension of Buffalo Hills Park, the DONALD L. BREN COMPANY proposes the following: 1 Based upon the preliminary plans, prepared by Courtland Paul/ Arthur Beggs & Associates, landscape architects, A. 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. B. 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 $140,000.00. C. The City of Newport Beach will reimburse the Donald L. Bren Company up to an amount not to exceed $50,000.00 for those improvements over and above those required for the develop- ment of a private park. The reimbursable costs shall include, but are not limited to, the following requirements of the City: 1. public restroom facility, including utilities and design costs; 2. sidewalks over six (6) feet in width; 1, I Based upon the preliminary plans, prepared by Courtland Paul/ Arthur Beggs & Associates, landscape architects, A. 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. B. 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 $140,000.00. C. The City of Newport Beach will reimburse the Donald L. Bren Company up to an amount not to exceed $50,000.00 for those improvements over and above those required for the develop- ment of a private park. The reimbursable costs shall include, but are not limited to, the following requirements of the City: 1. public restroom facility, including utilities and design costs; 2. sidewalks over six (6) feet in width; • City Council City of Newport Beach dM 3. hard surface basketball court with lighting; 4. picnic facilities; 5. tiny tot play apparatus; 3 -31 -70 6. and, those additional costs resulting from the City's Public Works standards for construction of sidewalks and drainage systems; and the Park Department's standards for irrigation systems, mow strips, landscaping, tree and shrub planting and staking. Aforesaid reimbursement will be made within a two (2) year period in four (4) equal semiannual payments starting within thirty (30) days of completion of the park improvements. D. The improvement cost difference is based upon the landscape architect's latest cost estimates as follows: Public Park $130,750.00 Private Park 87,300.00 Difference $_4_3,450.00 and, it was on this information that the amounts shown in "B" and "C" above were established as outside limits. E. Mutual approval of the final plans and specifications and the terms of the reimburse agreement by the City of Newport Beach and Donald L. Bren Company. We hope that favorable action can be taken at your meeting on April 13, 1970, in order that the park can be completed to serve the public in the near future. Very truly yours, DONALD L. BREN COMPANY Harry 0. Merrill Vice President HOM: mp BUFFALO HILLS PARK 4_. . l =. DEDICATION MARCH 99 . 1970 i On these hills, where buffalo used to roam, a new concept in parks has been introduced. From 1954 to 1960, this was the Newport Harbor Buffalo Ranch. The ranch featured a herd of 100 buffalo and served "buffalo burgers." Now the site has been transformed by the Donald L. Bren Company into the first of Irvine's link parks — amaster- planned system of parks and green belts. Residents of Harbor View Hills can play or just relax at Buffalo Hills Park — within walking distance of home. r I. G Pledge of Allegiance . . . . . . Lincoln Intermediary School Student Body President Pete Ashley Welcome by Master of Ceremonies Newport Beach City Manager Harvey Hurlburt Remarks by Donald L. Bren, President of the Donald L. Bien Company Rerhajry William -R; Masan,: President of The Irvine Company (Intro- - diuchon of-N. L4 -Mc) areri, Chairman of the Board, Irvine Company) Dedication of Park to The City of Newport Beach Acceptance by Lindsley Parsons, Mayor Pro -Tem, City of Newport Beach Participating in Dedication , Lincoln Intermediary School, ` Corona del Mar, Student . Body Officers Pete Ashley, President Stacy Pittman, First Vice- President J. B. McFarland, Second Vice- President Kerry Cunningham, Secretary Gus Gustof son, Treasurer 00 ;hkirch 2 , 1970 The Irvine Company lkwport Financial Plaza 550 Ne,,mrt Center Drive Newport Beach, CA 9266,0 Attention; Joyce Saineford k;`n -,istt ative Assiatml 1= Enclosed are executed o:-I.Fia;al and one copy of a Corporation Grant Teed in >.c? iar: with Buffalo Hills Park. Please for- ward t: e cmginal to the C=ty Recorder for recordation and return to the C{tv of \`e. r Peach. Before sending to the County Recorder, r+le.age have The Irvine Company s i;7vatures notarized or Page 3 of s<oid document. P1so enclosed is a copy of Resolution No. 7143 accepting the Grant Deed which was adopted by the City Council of Newport Beach on February 24, 1970. Laura Lagios City Clerk LL:swk enc. cc: City Attorney Public Works Dept. T0; F ROM SUBJECT: City Clerk City Attorney M CITY OF NEWPORT BEACH CITY ATTORNEY Departwen t Grant Deed - Buffalo Hills Park DATE Feb. 20, 1970 Attached are the original and a copy of a corporation grant deed from The Irvine Company to the City of Newport Beach, conveying property in connection with the development of Buffalo Hills Park. The proposed resolution authorizing acceptance of same has already been forwarded to you for presentation to the Council on :February 24th. Please note the attached which requests that both them,after acceptance by wish to point out in your signatures have not been THS:mh Att. copy of The Irvine Company's letter copies of the deed be returned to the City, for recording. You night transmittal letter that their notarized. ce: Public Works Director TULLY SEYMOI City Attorney 90 .SC ;i�JTIGN ICU. 7143 00 A "E OIMION OF THE CITY _QOUNCIL iuF THE CITY OF N 67PORT BEACH ACCEPTIM .A GRANT DEED FROM THE IRVINE CGtWAVY IN CONINE CTICN WITR BUFFAI.t- HILLS 1'A2K `: iiEREAS, there_ has been delivered to the City of Newport ::each a certain grant deed wherein The Irvine Company grants to the pity of Newport Beazh the following described real property in connection with the development of Buffalo Hills Park: farzei A, as show on a Map recorded in Book 22, page 27, oi_ eazcel Maps, [accords of Crange County, California; BESitE`I[9G UNTO GRANTUR, its successors and assigns, all oil, oil rights, minerals, mineral rights, natural gas rights, and other hydrocarbons by whatsoever -aame known that may be within or under the parcel of land hereinabove aescribed, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same.from said land or any other land, including the right to.whipstock or directionally drill ,uaO mine from lands other than those hereinabove descri.bee, ci.1 or gas wells, tunnels and shafts into, through or across the subsurface of the land hereinabcve described, and :.o bottom such whipstocked or directionally drilled weiis, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines without, however, the right to drill, mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of the land hereinabove describes. An:v RE SI�R4ING U3<Tu GRANTOR, its successors and assigns, the right to emplace on, under and across such lot, trar_smission lines and other facilities for a Community Antenna Television: System and the right to enter upon said lot to service, maintain, repair, reconstruct aru replace said lines and facilities; provided, however, 4hat the exercise of such rights does not unreasonably interfere with Grantee's reasonable use and enjoyment of said lot. ANai RL•SLAVING UNTO GRANTOR, its successors and assigns, an easement for sewer purposes over that portion of Farcel A lying within•a strip of land 30.00 feet in width, being 15.00 feet on each side of the fallowing described ceutei line: --i- � N . } nenc ng at the era ,ueac corner of said Parcel As -',ai6 confer being in a curves co"ave Southwesterly havi :S radius o0 3950.,u f et,.a radial cc said points beats Wirth 21 23' 02" East; theb;Ce southeasterly 1.5.00 feet along sa,d curve and the Northeast line c Gi= Parcel.A tbrough an angle G' 13' 04 to the Trot, "Pcint o£ Begin - ;.rsg; the nce lee =, -...:= said Northeast 1ini- ,ouZh 11° 42' 45` w'st 269.76 feet; tr -nee South V 30 17 west 241.29 feet t` "e begi nix ; c.;: - curve coc: avc 1asterly having a radius of yU,OQ feet, the S4 m.- 4$.22 feet along Said curve chrougii err at.. c . "3J° 1' Ov ; -hence SC'utti 22 tit` 43" jEe[st 5.43 .fact tc the beginning: of a curve concave westerly ayi a -' us of 9U.00 feet$- the3ace Southerly 48.22 feet along said curve* through . :..i angle of 30° 42' 00'; . ence s° 36' 17" w4Lst 142.:.:..;- ..ecft to t4z b6 llltlir4- Cif a curio concave Easterly having a ^adius of 90x.30 fee r; thence Su®t eavterly :5.`32 feet along <u %;u�•v"e thr"-� h an angle of 35 i.i' OS'' ; thence South 26 ° 36' 43" ,:ae t 40. cJ3 feet to the ueginrir: "d of a -u.rve concave westerly having .a radius of y0.04 feet; thence Southerly 55.32 feet al.ang said cure through a_. angle rf :;5° 13' J5 ; thence 6outh V 36' -1 West 130.57 Zfmt to the beginning of a curve concave Mrth- easteriy has rttius of -90.OU e&L; thence Southeasterly 105.71 feet sleng said curve through an angle of 67 17' 40'; -henee Sot =Li1 Ji:" ' 13"' Last 51.16 rest ;:o the bagrinning ci a zurve +.uzcave Westerly having a radius of 50.00 sect;.ther:ce ��2erly 56.3 lei: along said curve through an angle of 354 51' 20 , thence. iouth $° 36' 17" West 0.78 feet to ti:e SuuLh line of said iarcel A. 6UkjL. -' TO: till ;:oveaants, conuiticns, restrictions, rights, rights of way and easements of record; 1.7rUcREA: ;, it -is co the interest of the City to accept said Sr..ant deed; NOW, THEREFOR, BE IT RESOLVES l by the City Council of the City of Newport Beacti that said crest deed is hereby accEFtec, and the ..ity Clcrl: is authorl.zed and directed tc exe --ute a =:c; atta..h thereto a certificate of acceptance ar6 zonsenc tc its riuc,rainb ar.G ±n :;ause said uocur :.eat to be reccrdee in the orange County ATTE`_� : City Clerk i� w Tl ti is z: ch day of February, 1970. Mayo r THS:e -z•- z11al�iu THE I., ;NE COMPANY NEWPORT FINANCIAL PLAZA. 550 NEWPORT CENTER DRIVE. NEWPORT gcAC H. CALIFORNIA 92660 • (714) 6443011 February 10, 1970 c Mr. Tully Seymour, City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California Re :: Buffalo Hills Park Dear Mr. Seymour: Mr. Harry Merrill of the Donald L. Bren Company has re- quested that I forward to you for your review and approval the Corporation Grant Deed from The Irvine Company to the City of Newport Beach for the Buffalo Hills Park. After your review and approval of the enclosed original and Irvine Company copy of the above mentioned Deed, kindly return both to us for recording at the proper time. The original document will be forwarded directly to you from the County Recorder's office. If there are any questions you may have in regard to this Deed, please do not hesitate to contact me. Sincerely, Joyce Swineford Administrative Assistant Residential Development js /Encl. cc: Mr. Harry Merrill TO: FROM City Clerk City Attorney so CITY OF NEWPORT BEACH CITY ATTORNEY Department 1 DATE: February 19, 1970 SUBJECT: Resolution accepting a grant deed from the Irvine Company in connection with Buffalo Hills Park Forwarded are copies of a resolution in connection with the above subject. . It is.understood that this matter has been placed on the Council agenda for the meeting of February 24, 1970. THS:eg Att. cc: City Manager Public.Works Director ��F� V TALLY SEYA� City .Attorney... -. F `, IY4C`i•A / LO a =r v m N n -h C* O O N 3 O a -1 3 3 O 3 o IY C d rL y a vc n a C n 0 N N t* 3 n n o fD of 3 {o =r r a c z w c � m c N m n U3 Z C N 3 C� to 3 c0 m N e* X N of 0 O N CD Q N n m -1 N n X D. n. 0 t 0. M CD Z N an r CD CD .y < N o no CD 5 N CD C* 3 CD n d a C* v O C 3 N . C Q N r- = t* N CD CD 3 J V W N V CD c+ Ir N O O C+ �. 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O W co a r m m i4 ma O +CO -1 m N 13 c +-. m az tD 4A to N 4a = Cl 1 v V N m --1 O N n W S p m O C7 C C) r a m n O 3 m m n a r w V V CC) Ln Oo Ooo LO m / V O N N J J- N O A tOO A W two 'oo 0Vp pAp O N N V O V W _ W O A O O O V O 1 _V N N W N _ A W OD W A V M N O N W � �o Lrl C) L" C) to V 1 V J (n W W _ O --1 V W A A rn A rn W O N N V a N N C 3 2 L7 a z Z n m m x m a N r, m r m z0 O i 3 s-� J 3 N 1 no0 r T vs mono C) (A �T. O W co a r m m i4 ma O +CO -1 m N 13 c +-. m az tD 4A to N 4a = Cl 1 v V N m --1 O N n W S p m O C7 C C) r a m n O 3 m m n a r iR U N I T E D C A L I F O R N I A B A N K MARINERS OFFICE • 2.71,2 WEST COAST HIGHWAY • NEWPORT BEACH. CALIFORNIA • 714/646 -243.1 MAILING AOORESS: BOX 1277 - NEWPORT BEACH, CALIFORNIA 92663 October 14, 1969 Mr, George Pappas Director of Finance City of Newport Beach 3300 Newport Boulevard Newport Beach, California Dear Mr. Pappas: Enclosed please find Amendment #1 to our letter of credit #32845 in favor of the City of Newport Beach for the account of Newport Hills, Inc, This amendment reduces the letter of credit liability from $93,300 to $29,116.09. Would you kindly sign and return the enclosed copy of this letter thereby indicating your approval of the Amendment and receipt of it. Sincerely Radper' s Assistant Vice President UNITED CALIFORNIA BANK 600 SOUTH SPRING STREET • LOS ANGELES. CALIFORNIA 90054 ❑ 40S MONTGOMERY STREET • SAN FRANCISCO. CALIFORNIA 9410E The City of Newport Beach Newport Beach California Gentlemen: Advice of amendment No. 1 to letter of credit No. 32, 845 INTERNATIONAL DIVISION CABLE ADDRESS: UCALBANK Ort-ober 13 19 _6R K] This amendment has been advised fKIMId611 through: Our Mariners Branch ❑ This is the confirmation of the amendment advised today by cable though our above named correspondent. The above mentioned letter of credit issued in your favor for account Of: Newport Hills Inc . in the amount of US$93,300.00 has been amended as follows: Shipment to be made not later than ......... Validity extended to ................ de Amountincreased by Sixty Four Thousand One Hundred Eighty Three and 911100 United States Dollars (U$$64,183.91) down to Twenty Nine Thousand One Hundred Sixteen and 09/100 United States Dollars (US$29,116.09) Other amendments: None All other terms and conditions of the letter of credit remain unchanged. This advice of amendment is to be considered as part of the above letter of credit and must be attached thereto. Sincerely, DRIZED SIGNATURE AUTHORIZED SIGNATUJ 18.222 1-69 ' INTERNA71ONAL DIVISION IRREVOCABLE UNITED CALIFORNIA BANK LETTER OF CREDIT X 600 SOUTH SPRING STREET - LOS ANGELES. CALIFORNIA 90054 CABLE ADDRESS: UCALBANK No, 32,845 ❑ 405 MONTGOMERY STREET • SAN FRANCISCO, CALIFORNIA 94104 March 20 69 AMOUNT US$93,300.00 �I---{{ 19 Lx This credit has been advised by airmail through: The City of Newport Beach Our Mariners Branch Newport Beach California Gentlemen: ❑ This is the confirmation of the credit opened today by cable through our above named correspondent. R is only available for such amount as has not already been avoiled of under such cable advice and may not be availed of of all unless attached to and as o port of our correspondent's notification of such cable advice, the Iwo jointly constituting evidence of the outstanding amount of this credit. We hereby authorize you to draw on United California Bank, Los Angeles, California at ---------- - - - - -- sight for account of Newport Hills, Inc. , 15233 Ventura Blvd. , Sherman Oaks California 91403 up to an aggregate amount of ninety three thousand three hundred 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 between the City of Newport Beach and Newport Hills, Inc., dated November 21, 1968 in connection with the improvement of Buffalo Hills Park, Newport Beach, California. Partial drawings allowed. 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, endorsers and bona fide holders that the drafts drawn under and in accordance with the terms of this credit shall be duly honored upon present to,, a drawee, if negotiated on or before Mar 20, 1970. Sin ly, N ALT RIZE IGNA U T RI ED ]GNAT N N f m rat Except as otherwise stated herein, this credit is subject to the Unit orm Customs and Proctice for Documentary Credits (1962 Revision) International Chamber of m Commerce Brochure No. 222. TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No :I DATE November 229 1968 Buf Hi11s Park DDeevelopment- Tract 6565 Description of Contract _ Raimbingement Agraemmt Ruffal n Hi I I g ;--er Authorized by Resolution No. 6901 , adopted on November 12. 1968 Effective date of Contract November 918 1968 0 Address 15233 Ventura Anulevaxd Sharman Oaks, alifomia 91403 ,'Amount of Contract 1t1 Att: i u e x City Clerk TR 4s4S In November 22, 1968 Newport Hills, Inc. D. L. Bren Company 15233 Venture Boulevard Sherman Oaks, California 91403 Attention: Mr. Harry Merril Vice President Gentlemen: Enclosed for your records is an executed copy of reimbursement agreement between the City and your corporation in connection with the financing and development of Buffalo Hills Paris. This agreement was authorized by the City Council on November 12, 1968 by the adoption of Resolution No. 6901. Very truly yours, Laura Lagios City Clerk City of Newport Beach LL:ih cc: Planning Department Enc. • • L .4 { (Buffalo Hills Park) THIS AGREEMENT, made and entered into this 2i =l day of November, 1968, by and between the CITY OF NEWPORT BEACH, a muni- cipal corporation, hereinafter referred to as "City ", and NEWPORT HILLS, INCoq a corporation, hereinafter referred to as "Developer"; WHEREAS, the City Council of the City of Newport Beach has determined that a need exists in the Upper Harbor View Hills area of the City for a public park; and WHEREAS, the Irvine Company has agreed to convey to the City a park site consisting of approximately 5073 acres of unim- proved land which is shown on the drawing attached to this agreement, identified as Exhibit B, and designated as Parcel A. together with an additional parcel of land, also shown on said drawing and designated as Parcel B9 and WHEREAS, the Irvine Company has also agreed to convey to the City an easement for park and recreation purposes allowing the City to improve and use approximately two acres of unimproved property adjoining Parcel A, which are designated as Parcel C. for park and recreation purposes; and WHEREAS, it is anticipated that the Newport -Mesa Unified School District will acquire a school site adjacent to the Upper Harbor View bills panic site, and that Parcel C will be conveyed to 4 the School District And will be used jointly by the City and the School District for park and playground purposes; and -I- s • WHEREAS, the Irvine Company has made a written commit- ment to the City to convey Parcel C to the City in the event that the School District determines that it does not wish to accept title to said parcel-, and WHEREAS, Developer is interested in having all three of the above described parcels improved and developed as a public park as soon as possible and has submitted a proposal to the City to loan the City sufficient funds to pay for the cost of improving said property as a public park in accordance with the City's re- quirements and in conformity with development plans which are to be prepared by Developer and thereafter submitted to the City for its approval;, and WHEREAS, Chapter 3012 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, the City proposes to reimburse Developer for the funds advanced to the City for the improvement of said park from the tax revenues accumulated in said capital outlay fund provided, however, that the City will only reimburse Developer for the development costs attributable to Parcel C in the event that the School District determines not to take title to said parcel and said Parcel C is conveyed to the City in fee-, NOW, THEREFORE, in consideration of the mutual promises, -2- terms and provisions of this agreements it is agreed between the parties hereto as follows: 1. Developer agrees to design and prepare the plans for the development of a public park on the site shown on Exhibit B. 2. The plans and specifications, together with cost estimates for each phase of the work, shall be submitted to the City. After review by the 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 by the City and the Developer, the parties will then proceed to prepare the documents necessary to call for public bids for the improvement of the park site; said documents shall be prepared in such a manner as to provide for separate bid items for the work to be done on each of the three parcels of property comprising the park site. The completed public bid documents shall be subject to the written approval of both the City and the Developer. Following such approval, the 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. 3. It is mutually agreed that the 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 -3- • L 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. 4. 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. 5. Prior to the award of the contract by the City Council, the Developer shall deposit with the City a sum of money equivalent to the estimated completion cost for the park improve- ment project. An irrevocable letter of credit in a form accept- able to the City Attorney may be submitted in lieu of cash. 6, In consideration of the payment to be made to the 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 for in Chapter 3.12 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, the City shall be obligated to reimburse Developer for the cost of the improvements constructed on Parcel A, less the sum of $14,941 which constitutes a contribution to the project by Developer. In addition, City agrees to reimburse Developer for architects' fees not to exceed $5,200, and engineering fees not to exceed -4- ' 1 $1,000, attributable to Parcel A. Developer assumes full responsibility for the cost of the work attributable to Parcel B. For purposes of determining the reimbursable improvement costs for each of said parcels, the actual costs paid to the contractor who performs the development work shall be used. Any changes in the plans or extra work must be approved in writing by the Developer. (b) With respect to Parcel C. City shall be obligated to reimburse Developer for the cost of the improvements con- structed thereon, together with architectural fees of $800 only if the City acquires fee title to said parcel within ten (10) years following the date of this agreement. (c) The sum owed to Developer as described in paragraph (a) hereof shall be payable over a period of ten (10) years in equal semi- annual installments, payable on January lst and July 1st, commencing in 1969. The contingent sum payable to Developer pursuant 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. 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 -5- • V payment over any other projects later in time which are being financed from said fund. 7. The obligation of the City under this agreement to reimburse 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 develop- ment by Chapter 3.12 of the Municipal Code. 8. In entering into this agreement the parties recog- nize 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 tax could be eliminated by 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 the City in accordance with the terms of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. ATTESUI 'City Clerk APPROVED AS TO FORM: _J ZrityAt bprney THS.mh -6- CITY NEWPORT BEACH or CITY NEWPORT HILLS, INC. Bye is Authorized Agent DEVELOPER See File for Exhibit B �y REIMBURSEMENT AGREEMENT c ) (Buffalo Hills Park) i• 1 THIS AGREEMENT, wade and entered into this Z� day of November, 1968, by and between the CITY OF NEWPORT BEACH, a muni- cipal corporation, hereinafter referred to as "City ", and NEWPORT HILLS, INC., a corporation, hereinafter referred to as "Developer "; WHEREAS, the City Council of the City of Newport Beach has determined that a need exists in the Upper Harbor View Hills area of the City for a public park; and WHEREAS, the Irvine Company has agreed to convey to the City a park site consisting of approximately 5073 acres of unim- proved land which is shown on the drawing attached to this agreement, identified as Exhibit B. and designated as Parcel A. together with an additional parcel of land, also shown on said drawing and designated as Parcel Be and WHEREAS, the Irvine Company has also agreed to convey to the City an easement for park and recreation purposes allowing the City to improve and use approximately two acres of unimproved property adjoining Parcel A, which are designated as Parcel C, for park and recreation purposes; and WHEREAS, it is anticipated that the Newport -Mesa Unified School District will acquire a school site adjacent to the Upper Harbor View Hills park site, and that Parcel C will be conveyed to the School District and will be used jointly by the City and the School District for park and playground purposes; and -1- I WHEREAS, the Irvine Company has made a written commit- ment to the City to convey Parcel C to the City in the event that the School District determines that it does not wish to accept title to said parcel; and WHEREAS, Developer is interested in having all three of the above described parcels improved and developed as a public park as soon as possible and has submitted a proposal to the City to loan the City sufficient funds to pay for the cost of improving said property as a public park in accordance with the City's re- quirements and in conformity with development plans which are to be prepared by Developer and thereafter submitted to the City for its approval; and WHEREAS, Chapter 3012 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, the City proposes to reimburse Developer for the funds advanced to the City for the improvement of said park from the tax revenues accumulated in said capital outlay fund, provided, however, that the City will only reimburse Developer for the development costs attributable to Parcel C in the event that the School District determines not to take title to said parcel and said Parcel C is conveyed to the City in fee; NOW, THEREFORE, in consideration of the mutual promises, -2- 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 public park on the site shown on Exhibit B. 2. The plans and specifications, together with cost estimates for each phase of the work, shall be submitted to the City. After review by the 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 by the City and the Developer, the parties will then proceed to prepare the documents necessary to call for public bids for the improvement of the park site; said documents shall be prepared in such a manner as to provide for separate bid items for the work to be done on each of the three parcels of property comprising the park site. The completed public bid documents shall be subject to the written approval of both the City and the Developer. Following such approval, the 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. 3. It is mutually agreed that the Developer may submit a bid for the improvement projects 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 -3- �� � • i 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. 4. 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. 5. Prior to the award of the contract by the City Council, the Developer shall deposit with the City a sum of money equivalent to the estimated completion cost for the park improve- ment project. An irrevocable letter of credit in a form accept- able to the City Attorney may be submitted in lieu of cash. 6. In consideration of the payment to be made to the 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 for in Chapter 3.12 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, the City shall be obligated to reimburse Developer for the cost of the improvements constructed on Parcel A, less the sum of $14,941 which constitutes a contribution to the project by Developer. In addition, City agrees to reimburse Developer for architects' fees not to exceed $5,200, and engineering fees not to exceed -4- • i $1,000, attributable to Parcel A. Developer assumes full responsibility for the cost of the work attributable to Parcel B. For purposes of determining the reimbursable improvement costs for each of said parcels, the actual costs paid to the contractor who performs the development work shall be used. Any changes in the plans or extra work must be approved in writing by the Developer. (b) With respect to Parcel C, City shall be obligated to reimburse Developer for the cost of the improvements con- structed thereon; together with architectural fees of $800 only if the City acquires fee title to said parcel within ten (10) years following the date of this agreement. (c) The sum owed to Developer as described in paragraph (a) hereof shall be payable over a period of ten (10) years in equal semi - annual installments, payable on January 1st and July lst, commencing in 1969. The contingent sum payable to Developer pursuant 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. 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 -5- w ! payment over any other projects later in time which are being financed from said fund. 7. The obligation of the City under this agreement to reimburse 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 develop- ment by Chapter 3.12 of the Municipal Code. 8. In entering into this agreement the parties recog- nize 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 tax could be eliminated by 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 the City in accordance with the terms of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. ATTEST° qty Jerk APPROVED AS TO FORM: i W, ty AtIorney THS:mh C ITY 01 NEWPORT EACH By: �li(Ait mayor CITY NEWPO Vze Bye �� — foent 0,, a s. 7- SEC, -6- See File for Exhibit B RESOD pp. 6901 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OY NBiMT BEACH AUTHORIZING EI6CUTM OF A n..TMSWENBNT AGRWWNT WITH XXVP IRT HILLS INC IN CONNECTION WITH THE DBVRIAPARNT BFffik A SILLS PAU WHIREAS, the Irvine many has agreed to convey to the City of Newport Beach certain property, along with an addim. :aY tional easement, for use is the development of a public park in the Upper Harbor View Hills area, said public park to be named "Buffalo Hills Park "; and WHEREAS, there has been presented to the City Council of the City of Newport Beach a reimbursement agreement between the City of Newport Beach and Newport Hills, Inc., Developer, in connection with the financing and development of such public park; and WHBRSAS, the City Council has considered.the terms and conditions of said agreement and found them to be fair and equitable and determined it to be in the interest of the City; IOW, THEREYORE, BE IT RESOLVED that said reimbursement agreement is approved and the Mayor and City Clerk are authorised and directed to execute.the same on behalf of the City of Newport Beach. ADOPTED this 112tu day" of November, 1968. i �AWA ' 01., .rte THSsmh CITY OF NEWPORT BEACH CITY ATTORNEY DEPARIMNT N To: City Clerk Date: Nov. 18, 1968 Fromo City Attorney Subject: Reimbursement agreement in connection with the development of Buffalo Hills Park Attached are three copies of the above reimbursement agreement, two copies of which have been signed by the Developer. The title has been corrected to show the name "Buffalo Hills Mrk." After execution by the City would you pplease conform and return the third copy to my office for our files L' II-, -\ �� The name of the park has been corrected on the resolution which was adopted November 12th, and we are attaching corrected copies for execution. / N. TuLL SEYMO City A torney THS:mh Att. i Too From: Subject: CITY OF NEWPORT BEACH CITY ATTORNEY Department The Honorable Mayor and Members of the City Council City Attorney November 12, 1968 Reimbursement agreement for Upper Harbor View Hills Park G1 lunch: SPOSITION: _b90/ This agreement is patterned after the reimbursement agreement used in connection with the development of the East Bluff Park. It provides in substance as follows: 1. Developer is to prepare plans and specifications for the development of the entire park site including the portion which is intended for future school use. 2. After the plans and specifications have been approved by both the City and the Developer, the City will call for public bids and will award a contract for the work. 3, Prior to the award of the contract, the Developer is to deposit the estimated cost of the project with the City. 4. The City's financial obligations are: (a) To reimburse the Developer from the Building Exise Tax Fund, less the sum of $14,941.00 which the Developer is contributing to the project; (b) To reimburse the Developer for architectural fees not to exceed $5,200 and engineering fees not to exceed $1,000, which are attributable to the 5.73 acres deeded to the City. 5. With respect to the parcel which is to be conveyed to the school district, the City will be obligated to reimburse the Developer only if the school district declines to accept the property and fee title is conveyed to the City within 10 years after the date of the agreement. 6. The sum to be reimbursed to the Developer for the improvements constructed on the 5.73 acres owned by the City is payable in semi - annual installments over a period of 10 years beginning in 1969. 7. The contingent sum for improvements on the proposed school district property, which the City will be obligated to pay To: City Council -2- November 12, 1968 only if title to the property is conveyed to the City, will be payable in semi - annual installments commencing during the year in which the City acquires title, and extending for a period of 5 years thereafter. / 7J. OOV TULLY . SEYMO City Attorney THSamh cca City Manager P� DONALD L. BREN COMPANY November 11, 1968 City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California Madam Mayor and Councilmen: Communiry Devetopment 15233 Ventura Boulevard Sherman Oaks, California 91403 Telephone 213 783 -5950 Subject: Reimbursement Agreement (Upper Harbe-r - -uiew �i1 -1s -- Park) . Enclosed herewith are two copies of the above referenced agreement, executed on behalf of the developer Newport Hills, Inc. In connection with our recreation area building, the im- position of a higher fire zone class resulted in a higher building occupancy rating and a subsequent increase in yard requirements, it becomes necessary for us to reserve the right to make a minor adjustment in the area and a possible major change in the configuration of Parcel B. Therefore, until such time as we are able to complete the relocation and /or redesign of the building within the recreational area, we will not be in a position to resolve the changes to the area or configuration of Parcel B. Further, the Irvine Company has requested at this time that a reservation be made for a possible 30 ft. sewer easement through Parcels A, B and C. Therefore, we must reserve the right to retain the above easement, if required, from fee or easements to be granted to the City. f,A HOM /cb Very truly yours, DONALD L. BREN COMPANY Harry O. Merrill Vice President 0 i ('p I r'. I, I CITY OF ?NT-,WPORT BEACH PARKS, BEACHES AND RECREATION DEPARTMENT BREN PARK PHASE II ECOA MIC STUDY I EXPENDITURES 1. Initial Cost to City - Maximum $50,000 2. Annual Maintenance Costs Groundsman Gardener 6,430 Uniform Cleaning 120 Retirement 400 iVorkmans Compensation 200 Life Insurance 30 Health Insurance 500 Tools and Equipment 500 Water, Fertilizer, etc. 2,000 $10,180 II REVENUES 1. Building Excise Tax Fund A. Area # 6 500 Homes at $125 $62,500 B. Area # 8 700 Apartment units at $125 87,500 C. Area # 10 168 Apartment units at $125 21,000 D. Area # 12 68,700 Sq. Ft. at $1.5 10,300 $181,300 2. Annual Property Tax A. Area # 6 $1.22 (Total Tax) $ 61,250 B. Area # 6 $ .15 (PB $ R only) 7,500 0 • CITY OF NEWPORT BEACH PARKS, BEACHES 8 RECREATION COMMISsi N Honorable Mayor and City Council City of Newport Beach California October 22, 1968 I RE: NEW PARK IN UPPER HARBOR VIEW HILLS AREA - TRACT #6565 Dear Members of the Council: The Parks, Beaches 8 Recreation Commission felt that this new park should be named in the near future to avoid having it become known as the "Bren Park ". At Its meeting of October 15, 1968, the Commission considered various names, and then voted unanimously to recommend to City Council that the park be named "Buffalo Hills Park" in recogni- tion of Its proximity to the old Buffalo Ranch.- WSS : h Very truly yours �a WALTER S. SEPIENIUK, Chairman Parks, Beaches 8 Recreation Commission COU Clt: � l� V✓ DISPOSITION: d, G� rie' FILE: