HomeMy WebLinkAboutCC 4 C.T. PARK ACQUI. 11-03-80DATE:
TO:
FROR:
SUBJECT:
CONSENT CALENDAR
No. 4
llr3vS0
October 27, 1980 ~~e/ Inter-eom
Honorable Mayor and City council~ ~ ~,~~
Royleen A. White, Director of Community Services
COLUMBUS TUSTIN PARK ACQUISITION - AMENDMENT TO AGREEMENT WITH
COUNTY OF ORANGE
BACKGROUND AND DISCUSSION:
The County and 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 revenue-sharing funds can be disbursed to the City.
The amendment to the agreement simply extends the deadline for its expiration
until June 30, 1982. This deadline has been similarly extended with
amendments in 1975, 1977, 1978, and 1979. The Board of Supervisors is
in support of the amendment and approved it at a recent meeting.
Council approval will extend the deadline and thus, the possibility of
the City receiving the revenue-sharing funds when the parcel becomes
available for public use.
RECOMMENDATION:
Approve the Amendment to the Agreement and authorize Mayor and Clerk to
sign.
RAW:ss
Attachment: Copy of Proposed Amendment
October 20, 1980
COL~NTY ADMINISTRATIVE OFFICE
REVENUE SHARING/MANPOWER/
HUMAN RESOURCES PROGRAMS OFFICE
R. E. THOMAS
COUNTY ADMINISTRATIVE OFFICER
623 NORTH BROADWAY
SANTA ANA, CALIFORNIA 92701
·
HUMAN RESOURCES PROGRAMS
(714I 834-5693
REVENUE SHARING/MANPOWER
(714) 834-6054
(714} 834-6053
80-RS-818
Royleen A. White
Director of Community Services
City of Tustin
Centennial at Main
Tustin, CA 92680
Subject: Prospect/Irvine Park Site , Amendment to Agreement
Dear Royleen:
Enclosed is the subject Amendment to Agreement.
If the city concurs with the enclosed Amendment to Agreement,
the following steps should be taken,
1. Have the Amendment to Agreement approved by your
City Council.
Submit to me four copies of the Amendment with
original signatures and one copy of the City Council
minutes approving the action.
Upon receipt of the above, I will have the Amendment
to Agreement executed by the County and will return
one signed copy for your files,
If you have any questions, please contact me at 834-2014.
Sincerely,
0erry 0, Strong
Administrative Analyst
JOS:jr
Enclosure
cc: Supervisor Riley - Fifth District
Dan Blankenship - City Administrator, Tustin
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AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT, dated for purposes of identification,
this day of , 1980, by and between the CITY
OF TUSTIN, a municipal corporation hereinafter referred to as "CITY," and
the COUNTY OF ORANGE, a political subdivision of the State of California,
hereinafter referred to as "COUNTY."
WITNESSETH
WHEREAS, CITY AND COUNTY entered into an agreement dated
April 30, 1974, as amended July l, 1975, May 31, 1977, June 20, 1978 and
September 11, 1979, to provide Revenue Sharing funds for the acquisition of
three parcels for the Prospect/Irvine Park Site; and
WHEREAS, one parcel (1.11 acres) of this park site, while
purchased by CITY, is still under a lease agreement for use by the previous
owner;
NOW, THEREFORE, for and in consideration of the mutual promises,
covenants, and conditions hereinafter set forth, the parties agree as follows:
1. Paragraph 2 of Agreement is amended to read as follows:
"The parties hereto agree that the cost of acquisition
for recreational use will include a two-phase project:
Phase One: Acquisition of 1.44 acres of Orange County
Flood Control property and 2.21 acres of a
3.32 acre privately owned property. The
Orange County Flood Control property is
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
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east side of Prospect Avenue approximately
470 feet north of Irvine Boulevard and
adjoins the Orange County Flood Control
property on the north side.
Phase Two: Acquisition of the remaining 1.11 acres of
3.32 acre privately owned parcel referred
to in Phase One above. If said 1.11 acres
is not acquired and available for public
use prior to June 30, 1982, Phase Two shall
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 follows:
Phase One: Sixty-six thousand five hundred seven dollars and
fifty cents ($66,507.50);
Phase Two: Thirty-four thousand six hundred sixty-seven
dollars and fifty cents ($34,667.50);
and COIJNTY shall pay fifty percent (50%) of this cost,
as follows:
Phase One: Sixty-six thousand five hundred seven dollars
and fifty cents ($66,507.50);
Phase Two: Thirty-four thousand six hundred sixty-seven
dollars and fifty cents ($34,667.50);
or a lesser amount, if CITY's cost of acquisition after
the date of agreement is decreased.
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CITY shall be responsible for the cost of acquisition
overhead~ as well as'operation and maintenance; such
costs are not included in joint funding. Payments.by
COUNTY based on actual expenditures, shall be made upon
tender of CITY invoices and documentation to COUNTY and
approval by the County Administrative Office."
2.Paragraph 4~of said Agreement is hereby amended to read
as follows:
"For purpose of this Agreement, Prospect/Irvine Park
Phase I acquisition shall be completed no later than July
7, 1974 and Phase II acquisition shall be completed no later
than June 30, t982, and all funds received under this con-
tract shall be disbursed or encumbered on or before
June.30, 1982."
3. In all other particulars, said Agreement of April 30, 1974,
as amended, shall continue to be in full force and effect
and is hereby confirmed and ratified in all particulars.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment to Agreement on the year and date specified below.
Dated: , 1980 COUNTY OF ORANGE, a political
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
subdivision of the State of
California
BY
Chairman, Board of Supervisors
June Alexander
Clerk of the Board of Supervisors
of Orange County, California
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APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY coUNSEL
By
Carol Brown, Deputy
Dated:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
,1980
CITY OF TUSTIN, a municipal corporation
By .
"C i ty" Mayor