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HomeMy WebLinkAboutCity Council - 4112 RESOLUTION NO. 4112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT WITH THE COUNTY OF ORANGE FOR REVENUE SHARING FUNDS RELATING TO THE ACQUISITION OF 17 . 2 ACRES OF ADDITIONAL LAND FOR HUNTINGTON CENTRAL PARK WHEREAS, the County of Orange has agreed to share some of its general revenue sharing funds with cities , service areas , and park and recreation districts; and The City of Huntington Beach has acquired 17 .2 acres of land as an addition to Huntington Central Park in antici- pation of such revenue sharing funds ; and The County of Orange has previously appropriated the sum of TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($225,000) for the purpose of sharing in the cost of development of such park site; and The County of Orange and the City of Huntington Beach desire to enter into an agreement setting out the terms and conditions for revenue sharing funds for the acquisition of the 17 . 2 acres of additional land for Huntington Central Park, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it authorizes and directs the Mayor and City Clerk to execute an agreement with the County of Orange for the revenue sharing funds relating to the acquisition of 17 . 2 acres of additional land for Huntington Central Park, a copy of which agreement is attached hereto and by reference made a part hereof as though set out fully herein. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 28th day of July, 1975. ATTEST: ALICIA M. WENTWORTH, City Clerk Mayor B WSA: cs Deputy City Clerk 1. APPROVED AS TO CONTENT: APPROVED AS TO FORM: City Administrator City Attorn 2 . Res. No, 4112 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ,ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 28th day Of July , 19 75 , by the following vote: AYES: Councilmen: Bartlett, Matney, Duke, Gibbs NOES: Councilmen: None ABSENT: Councilmen: Wieder, Coen Shipley Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By: -4�La� tZ ---- Deputy City Clerk J AUG1Z I975 A G R E E M E N T W E- ST 10"k COWY Clerk dv- This agreement made and entered into this 28th day of July , 1975, by and between the CITY OF HUNTINGTON 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 The CITY OF HUNTINGTON BEACH has requested that one of these revenue sharing projects be the acquisition of a portion of the Huntington Central Park site for recreational use, and The cost of land acquisition of the park site is FOUR HUNDRED NINETY-SEVEN THOUSAND TWO HUNDRED FIFTY DOLLARS ($497,250. ) And The COUNTY has previously appropriated the sum of TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($225 ,000) for the purpose of sharing in the cost of acquisition., and The CITY has acquired 17. 2 acres in anticipation of the COUNTYtS sharing in this expense., and Huntington Central Park is a planned park and recreational facility to serve Huntington Beach and all areas within a radius of twenty-five miles., and WS cs 7/ 75 1. i The CITY has a local parks ordinance in effect similar to the Quimby Act whereby developers donate fees or land in ratio to the standard five (5) acres of park per 1,000 population, and The 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 ofthe mutual promises, covenants, and conditions hereinafter set forth, the parties hereto agree as follows: 1. Huntington Central Park . site shall be located west of Goldenwest Street, east of Edwards Street, north of Ellis Avenue, and south of the developed portion of Huntington Central Park. 2. The parties hereto agree that COUNTY will reim- burse CITY for fifty percent (50%) of the cost of the acquisition of the 17. 2 acres to a maximum of TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($225,000) . CITY shall be responsible for cost of acquisition overhead, as well as development, operation, and maintenance; such costs are not included in joint funding. Payment by COUNTY shall be made upon tender by CITY of invoices and documentation to COUNTY and approval by the COUNTY Administrative Office. 3. All funds received under this contract shall be disbursed or encumbered on or before December 31, 1975• 4. CITY shall maintain accounting records and other evidence pertaining to costs incurred, which records shall be 2. 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 to the COUNTY for any purposes at any time, and quarterly progress reports will be supplied by the CITY to the COUNTY Administrative Office. 5. CITY agrees that acquisition projects appraisal services and all other acquisition overhead, including title documents, are not included in joint funding. CITY further agrees that appraisals and 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. 6. CITY acknowledges that the funds being provided by COUNTY are funds received by COUNTY 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 regulation issued by agencies of the federal government. CITY further acknowledges that when such funds are used on any construction project for which 25 percent (25%) or more of the costs are paid out of revenue funds, prevailing wages must be paid in accordance with the Davis Bacon Act, as amended, 40 USC 276a-276a-7, and in compliance with labor standards as specified by the Secretary of Labor. CITY agrees that if subsequently 3. determined that said funds were not expended in compliance with the federal laws and regulations or this Agreement., CITY will refund the COUNTY such funds which were improperly expended. 7. No persjpn shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this contract. 8. CITY agrees the park site 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 i 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 the residents of CITY use the property and that if the property ceases to be used for said purpose, CITY shall repay to COUNTY the sum advanced for the acquisition of the park. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. l / tO + ATTEST: "''' COUNTY OF ORANGE gy WILLIAM E. ST. JOHN, Qo'unty Chairman, Board of Supervisors Cler% and ex-officio bl�erk of the` Board of Supervisors of range unty, California By Dateu: �5 APPR ED AS TO .FO�RNt:' Deputy B y AMI KUYnR,PCounty Counsel 4. ATTEST: CITY OF HUNTINGTON BEACH AliCia Tut wg„=tt City Clerk B Deputy, .City Clerk ay APPROVED AS'TO CONTENT: APPROVED AS TO FORM: By By _ City Administrator � Cit Attorney THIS CERTIFIES THAT................. ............................�. REPRESENTING THE PERSON OR CORPORATION NAMED HEREIN HAS INFORMED ME THAT THEY HAVE COMPLIED WITH THE PROVISIONS OF ORDINANCE 2717 TO WIT r NOT EMPLOYED AN ADVOCATE REPO EMPLOY NT CATE 8Y 5.