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HomeMy WebLinkAbout14 - Green AcresLl January 25, 2000 CITY COUNCIL AGENDA ITEM NO. 14 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: AMENDMENT TO THE GREEN ACRES PROJECT LOAN AGREEMENT WITH THE BLUFFS HOMEOWNERS ASSOCIATION RECOMMENDATIONS: Accept a $100,000 lump sum pre - payment from the Bluffs Homeowners Association. Approve an amendment to the loan agreement stipulating a five -year payment schedule for the remaining $45,000 and authorize the City Manager to execute the amendment. DISCUSSION: On September 27, 1999 the City Council approved a $145,000 ten -year loan agreement with the Bluffs Homeowners Association for their efforts to convert the existing irrigation system to accept reclaimed water. On December 22, 1999, the City received a letter indicating the Bluffs' desire to refund $100,000 and refinance the remaining $45,000 over a ten year period. Staff felt it was appropriate to reduce the term of the agreement since cost savings from the reclaimed water would allow them to pay back the loan within a five - year period. After discussions with the Bluffs, they agreed to a five -year term, pending Council approval. Attached for Council consideration is the proposed amendment to the loan agreement. The amended loan would be for five years with the same annual interest rate of 6.4 %. Respectfully subm' e PUBLIC WORKS DEPART ENT Don Webb, Director By: / Michael J. Sinacori, P.E. Utilities Engineer Attachments: Draft Amendment to Loan Agreement with the Bluffs Homeowners Association December 22, 1999 letter from the Bluffs Homeowners Association F:1 UsersVPBIMSharedl COUNCILVFy99- OOUanuary- 25VBluffs - GAP Loan Amendment.doc AMENDMENT TO LOAN AGREEMENT WITH • BLUFFS HOMEOWNERS ASSOCIATION FOR GREEN ACRES END -USER RETROFIT WORK THIS AMENDMENT is made and entered into as of the day of January, 2000, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City, referred to as "CITY ", and the Bluffs Homeowner Association, a private Corporation hereinafter referred to as "THE BLUFFS." RECITALS A. The Orange County Water District (OCWD) has developed a conservation program to provide reclaimed water to various areas served by OCWD in Orange County. This program is called the Green Acres Project (GAP). The City has agreed to participate in GAP to help conserve the available water supplies and has committed to provide GAP water to some users in the City. B. On September 27, 1999 the CITY approved a loan for $145,000.00 to be paid back over a 10 -year period based on the terms and conditions set forth in the Agreement. C. On December 22, 1999 THE BLUFFS submitted a written request to the CITY to • allow a $100,000.00 pre - payment of the loan. D. The CITY desires to accept the $100,000.00 pre - payment and will agree to new five -year terms and conditions as set forth in amended sections below. E. The CITY'S acceptance and receipt of the $100,000.00 pre - payment results in an outstanding loan principle of $45,000.00. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties that the following section of the Agreement shall be amended as follows: 3.0.3 The reimbursement period shall be 5 years. 3.0.4 Loan payments shall be $10,799.35 per year, and shall be made in accordance with the "Revised Reimbursement Amortization Schedule" shown in Exhibit "A." Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. • 1 IN WITNESS WHEREOF, the parties have executed this Amendment on the date first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A municipal corporation Robert Burnham, Esq. City Attorney ATTEST: LaVonne Harkless City Clerk 11 fAusers \cat\shared\nnary\bluffs loan contract - revised.doc • Homer Bludau City Manager The Bluffs Homeowners Association A private corporation Carlyle "Cork" Levinson, President Chuck Currier, Secretary 2 EXHIBIT "A" 0 REVISED REIMBURSEMENT AMORTIZATION SCHEDULE City of Newport Beach Green Acres Reclaimed Water Project Bluffs Homeowners Association Retrofits Loan Principal. $45,000.00 Required Pmt: $10,799.35 Interest Rate: 6.400% Est. Total Pmts: $53,996.73 Term (Years): 5.00 Est. Total Int. $8,996.73 Payment Remaining Cumulative Payment Payment Number Amount Principal Interest Principal Interest Date 1 $10,799.35 $7,919.35 $2,880.00 $37,080.65 $2,880.00 10!0112000 2 $10,799.35 $8,426.18 $2,373.16 $28,654.47 $5,253.16 10/0112001 3 $10,799.35 $8,965.46 $1,833.89 $19,689.01 $7,087.05 10/0112002 4 $10,799.35 $9,539.25 $1,260.10 $10,149.76 $8,347.14 10/0112003 5 $10,799.35 $10,149.76 $649.58 $0.00 $8,996.73 10/0112004 • • THE BLUFFS HOMEOWNERS COMMUNITY ASSOCIATION December 22, 1999 Mr. Michael Sinacori, P.E. City of Newport Beach Public Works Department 3300 Newport Blvd. P.O. Box 1768 Newport Beach, Calif. 92658 -8915 Mr. Sinacori: P.O. Box 8167 • Newport Beach, California 92658 -8167 Telephone (714) 759 -1200 Fax (714) 759 -6620 Via Fax and Mail DEC 2 3 1999 The Board of Directors for this Association would like to pay down by $100,000 the loan amount received for the installation of the Green Acres Reclaimed Water Project within our Common Area. The original loan amount received for this project was $145,000, subject to a ten year payback under an installment agreement signed by all parries involved. Our Board of Directors would like to finance all of this retrofit, except for $45,000, from our own funds. We would like to accomplish this payback prior to our year end of December 31, 1999. • In consideration of this pay down, we are requesting that the remaining balance of $45,000 be amortized over the agreed upon ten year payback period, and requests that your office establish a new "Reimbursement Amortization Schedule" for the ten year period of time. We would like to once again thank you and your staff for all of the assistance with this project. We anticipate being "on- line" with the reclaimed water as of the first week of January, 2000, and look forward to working with the City departments as this long - anticipated project becomes a reality. On Behalf of the Board of Directors, Kevin R. Shannon General Manager 2414 Vista Del Oro • Newport Beach, California