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Home My WebLink AboutCC 6 C.T. PK ACQUISIT'N 8-16-82DATE: TO: FROM: SUBJECT: CONSENT CALENDAR No. 6 8-16-82 inter - C om August 11, 1982 · Bill Huston, City Manager ~ ~~, l~- Royleen A. White, Director of community Services AMENDMENT TO AGREEMENT WITH COUNTY OF ORANGE REGARDiQ~G COLUMBUS TUSTIN PARK ACQUISITION RECOMMENDATION: Approve the Amendment to the Agreement and authorize Mayor and Clerk to sign. SUMMARY: Council approval will extend the expiration deadline and thus, the possibility of the City receiving the revenue-sharing funds when the McCalla parcel becomes available for public use. BACKGROUND AND DISCUSSION: The County of Orange and the City of Tustin entered into joint-funding for acquisition of two privately-owned parcels on the Columbus Tustin parksite in April 1974. The acquisition has been completed; however, 1.11 acres (McCalla property} is subject to a Life-Estate provision, which prevents it from being "available for public use." It must be so available before the remaining $34,667. of revenue-sharing funds can be disbursed to the City. The attached Amendment to the Agreement simply extends the deadline for expiration until June 30, 1984. This deadline has been similarly extended with amendments in 1975, lg77, 1978, 1979, and 1980. The Board of Supervisors supports the Amendment and approved it at a recent meeting. RAW:ss Attachment: Copy of Proposed Amendment ,U N'rY OF August 3, 1982 CO UNTY AOMINISTRATIVE OFFICE SPECIAL PROGRAMS OFFICE R. E. TNOMJI~ COUNTY ADMINISTRATIVE OFFICER 623 NORTH BROADWAY SANTA ANA, CALIFORNIA 92701 HUMAN RESOURCES PROGRAMS (714) 834-66~3 REVENUE SHARING/MANPOWER (714) 834-6054 (714! 834-7572 82 - RS- 354 Royleen White, Director Department of Community Services City of Tustin 300 Centennial Way Tustin, CA 92680 Dear Ms. White: Enclosed are four unsigned copies of an Amendment to Agreement for the Columbus Tustin Park Phase II Revenue Sharing Project. All four copies should be signed by the City and returned to the Special Programs Office. I will submit the four copies to the Clerk of the Board for execution by the County. When that has been accomplished, I will send you one fully executed copy for the City's files. When you return the four copies to me, please include a copy of the City Council minutes which indicate that the City's execution of the amendment was properly authorized. If you have any questions about this matter, please call me at 834-2014. Sincerely, James Col ocino Administrative Amalyst Enclosures JC:ej MINUTES OF THE BOARD OF: SUPERVISORS OF ORANGE COUNTY, CALIFORNIA July 27, 1982 IN RE: AMENDMENT TO AGREEMENT REVENUE SHARING COLLTMBU~ TUSTIN PARK PHASE II (FORMERLY PROSPECT/IRVINE PARK) CITY OF TUST!N On motion of Supervisor Nestande, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute the Amendment to Agreement, dated July 27, 1982, between the County of Orange and the City of Tustin to extend the com- pletion date for final acquisition and fund disbursement for Columbus Tustin Park, Phase II (fo:.~erly Prospect/Irvine Park) to June 30, 1984, after execution by the City. IN RE: AGREE}~NT LAW ENFORCEMZNT SERVICES CITY OF IRVINE On motion of Supervisor Nestande, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute the Agreement, dated July 27, 1982, between the County of Orange and the City of Irvine for law enforcement services. at Irvi~e Meadows Amphitheater. ..~ ;1013-2.3 (12/'76) A~,IENDMEN~ TO AGREEHENT THIS /VqEN~MENT TO AGREEHENT, dated for purposes of identification, this ~ '~ ~ day of'~ ]!~,~ , 1982, by and between the CITY OF TUSTiN, a municipal corporation hereinafter referred to as "CITY", and the COUNTY OF OP~'IGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY." ?~ITNESSETH WHEREAS, CITY AND COUNTY entered into an agreerr~nt dated April.30, 1974, as an~nded July l, 197~, flay. 31, 1977, June .20, 1970, September ll, 1979, and November 17, 1980, to provide Revenue Sharing funds for the acquisition of three parcels for the Pros.~ect/Irvine Park Site; and WHEREAS, one parcel (1.11 acres) of this park site, while purchased by CITY, is still under a lease agreen~ent for use by the previous o:.mer; NOW, THEREFORE, for and inconsideration of the mutual promises, covenants, and conditions hereinafter set forth, the parties agree as follow, s: t. Paragraph 2 of said Agreement is amended to read as follows: "The parties hereto agree that the cost of acquisition for rec- reational use uill incluc~e a two-phase Droject: Phase One: .Acquisition of 1.44 acres of Orange County Flood Control 18 property and 2.21 acres of a 3.32 acre privately owned 19 prop, erty. The Orange Couqty Flood Control property is 21 23 24 / / Phase Two: located in the City of Tustin on the east side of Prospect Avenue and south side of Beneta Way. The privately owned property is located in the City of Tustin on the east side of Prospect Avenue a~proximately 47D feet north of Irvine Boulevard and adjoins the Orange County Flood Control property on the north side. Acquisition of the remaining 1.11 acres of t:e 3.32 acre -l- 20 h privately owned parcel referred to in Phase One above. If said 1.1! acres is not acquired and available for public use prior to June 30, 1984, Phase Two shall no no longer be a part of this project and Phase One shall be considered the entire scope of the project. The cost of acquisition of all the aforedescribed properties shall. be equally divided between CITY and COUNTY, CITY to pay over the entire period of the project fifty percent (50~) of this cost, as fol 1 ows: Phase One: Sixty-six thousand five hundred seven dollars and fifty' cents (S$6,507.50); Phase Two: Thirty-four thousand six hundred sixty-seven dollars and fifty cents ($34,667.50); and COUNTY shall pay fifty percent (53%} of this cost, as follows: Phase One: Sixty-six thousand five hundred seven dollars and fifty cents ($35,507.50); Phase Two: Thirty-four thousan~ six hundred sixty-seven dollars and fifty cents ($34,667.30); or a lesser amoubqt, if CITY's cost of acquisition after the date of agreement is decreased. CITY shall be responsible for the cost of acquisition overhead, as well as operation and maintenance, such costs are not included in joint' funding. PayT.~.nts by COU?ITY based on actual expenditures, shall be made upon tender of CITY invoices and documentation to CDUNTY and approval by the County Administrative Office-Speci'al Programs Office." 2. Paragraph 4 of said Agreement is hereby a.mended to read as follows: -2- 3 4 5 6 7 8 9 10 14 15 16 17 18 19 ~ 20 21 22 23 24 27 IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 1tll IIII III1 IIII IIII I111 IIII IIII IIII "For purpose of this Agreement, Prospect/Irvine Park Phase I .acquisition shall be completed no later than July l, 1974 and Phase II acquisition shall be completed no later than june 30, 1984, and all funds received under this contract shall be disbursed or encumbered on or before June 30, 1984." In all other particulars, said Agreement of April 30, 1974, as amended, shall continue to be in full force and effect -3- and is hereby confirmed and ratified in all particulars. IN WITNESS ~'~HEREOF, the parties hereto have executed this Amendment 3 4 5 6 7 8 9 10 11 14 Dated: 16 ATTEST: 17 City Clerk 19 ;~ APPROVED AS TO FORM: City Attorney Agreement on the year and date specified below. Dated: 1982 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUHENT ttAS BEEN DELIVERED TO THE CHAIRI4AN OF TIlE BOARD By COUNTY OF ORANGE, a politica'l subdivision of the State of California Chairman, Board of Supervisors June Alexander Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FOR!4: ADRIAN KUYPER, COUNTY COUNSEIL -Carol Brown, Deputy 1982 CITY OF TUSTiN, a municipal corporation BY "CITY" -4-