HomeMy WebLinkAboutC-846 - Off-site Parking Agreement for Balboa InnTO: LAURA
E3MAYOR
E] COUNCIL
MANAGER
ASST. MGR.
ADMIN. ASST
ATTORNEY
CITY CLERK
comm. DEv.
FINANCE
E] FIRE
OATE.....
E3GEN. SERVICES
E] LIBRARY
El MARINE SAFETY
F--j PARKS & REC.
PERSONNEL
POLICE
PUBLIC WORKS
PURCHASING
E] TRAFFIC
FOR:rIACTION & DISPOSITION
FILE
F-1 INFORMATION
REVIEW & COMMENT
RETURN
REMARKS:.... Attached is Balboa inn parking,
agreement.
'please --- Tet-u-r-n'--t'he-*0Py---t-G - ------- - -- --- -- - - - - -- -------
---------- ----- Thomas.-R—.Liziden.... ......... ............. — ......
Smith & Linden, CPAs
5vu-Ndw6ft --- C6yit6rr'-DfiVe7----
.................. Naimort--Be.49bA .... .................
...... ... ...... ...... .......
..._Thanks..................
............... ...
jNtornp
g -y
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE August 14, 1974
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 846
Description of Contract Agent to Off -Site Parking Agreement for
the
Authorized by. Resolution No. 8194 , adopted on 2 -11 -74
Effective date of Contract July 10, 1974
Contract with Themes M. Linden
Address Smith 9 Linden, Me
500 Newport Oenter,■ Newport Beach, CA 92660
Amount of Contract Sea amtnant 2
W1451—M-019. IMMMAW&I,
�1
_. � . ,
>. �,
r'
3 .R
I .. ..
La �
N�' N
��
i� } L aN... .•)J a Y1�wkifi> . :. � .. i .. • � C .Y � . .... [�.
i
r'
3 .R
I .. ..
La �
N�' N
��
i� } L aN... .•)J a Y1�wkifi> . :. � .. i .. • � C .Y � . .... [�.
August 14, 1974
Thmm M. ' inden
Smith & Linden, CPAs
500 Newport Center Drive
Newport Beach, CA 92660
Subject: Balboa Inn Offsite Parking Agreement
C -846
Attached is a fully execute.;: copy of the amendment to subject
agreement which was recorded on July 22, 1974 by the Comty
Reoorder in Book 11201, rge 804.
This amendment was authorized by the City Council on the 11th
of February, 1974 by the adoption of Resoluticxi No. 8194.
Laura Lagios, W
City Cleve
awk
enc.
cc: City Attorney
20-735
C8
AMENDMENT TO
OFFSITE PARKING AGREEMENT
(Balboa. Inn)
BX 1120 1 PG 804
RECORDED IN OFFICIAL RECOR
OF ORANGE COUNTYM
, CALIFORNIA
9:05 A.M. JU' 22_ N14
WYLIE CARL r_j, 4.1.11y Recorder
THIS AMENDMENT TO AGREEMENT, made and entered into this
Ir, r4 day of -y /_ V —1 1974, by and between the CITY OF
NEWPORT BEACH, a municipal corporation (hereinafter referred to
as "City") and BALBOA INN, a Limited Partnership (hereinafter
referred to as "Owner"):
R E C I T A L S
1. Owner has title to all of the real property
described as: Lots 12 through 16, Block 10, and a portion of
Block D, Balboa Tract, East Side Addition, located at 105 Main
Street, northerly and southerly of East Ocean Front, on the west
side of Main Street on the Balboa Peninsula, more commonly known
as the Balboa Inn Property.
2. owner is the successor in interest under an offsite
parking agreement between the City of Newport Beach and
Richard H. Rice and Audrey W. Rice, dated May 23, 1963, providing
for the use of sixty-six (66) offsite parking spaces on the
adjacent municipally owned Balboa Parking Lot, at an annual rate
of Thirty Dollars ($30) per parking space.
3. Said offsite parking agreement satisfied the
parking requirements for the existing uses of the
property.
4. owner proposes to refurbish the co C-1
/7 4ft-
t� 1 I2P IV; 805
and offices on the first floor and the residential apartments
on the second and third floors of the Balboa Inn. In addition,
Owner proposes the establishment of a restaurant on the first
floor of the Inn and conversion of the former Pavilion Room
into a detached cocktail lounge.
5. On October 4, 1973, the Newport Beach Planning
Commission approved Use Permit No. 1690 allowing for the proposed
new uses of the Balboa Inn, subject to the condition that an
additional thirty-five (35) parking spaces for the cocktail
lounge must be provided.
6. The Southern California Regional Coastal Zone
Conservation Commission has approved the remodeling of the
Balboa Inn subject to the condition that an additional sixteen
(16) parking spaces be provided.
7. Section 20.38.040 of the Newport Beach Municipal
Code provides for off-street parking on a separate lot, provided
certain conditions are satisfied.
8. Section 12.44.125(B) of the Newport Beach
Municipal Code provides that a commercial business may provide
its required off-street parking in a municipal fee -owned lot,
under certain circumstances, by paying an annual fee as required
pursuant to Section 12.44.120 of the Newport Beach Municipal
Code.
9. On February 11, 1974, the Newport Beach City
Council approved an amendment to the aforementioned offsite
parking agreement to increase the number of parking spaces by
-2-
fifty-one (51) for a total of one hundred and seventeen (117)
spaces.
10. At said meeting, the City Council found and
determined that the proposed use of the Balboa Inn was not
being extended to occupy a greater area, than that originally
occupied, and that Owner could provide all of his required
parking in the adjacent municipal Balboa Parking Lot by paying
an annual fee of thirty dollars ($30) per parking space.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION of the approval by
the City of Owner's intended use of the Balboa. Inn property,
the parties hereto agree as follows:
A. The offsite parking agreement between the City
of Newport Beach and Richard H. Rice and Audrey W. Rice, dated
May 23, 1963, is hereby amended to provide for an additional
fifty (50) parking spaces, to be provided in the municipally -
owned Balboa Parking Lot. All other terms and conditions of
said agreement shall remain in effect and are binding on Owner.
B. City agrees to permit Owner to use the Balboa
Parking Lot, as herein provided, to the extent parking space
is available therein at the time use is sought, for the
compensation hereinafter stated, so long as said lot is main-
tained as a public parking lot by City.
C. Owner agrees to pay City an annual fee of Thirty
Dollars ($30) per parking space for the use of one hundred and
seventeen (117) off-street parking spaces required under this
Agreement.
D. If City in subsequent years increases the annual
-3-
" 1120 1 P& 807
fee charged generally for parking in City parking lots, the
City may increase the annual fee charged Owner by an equivalent
percentage.
E. This Amendment to Agreement shall run with the
real property described in Paragraph l hereinabove, and shall
bind the heirs, successors and assigns of the parties hereto.
F. Upon execution by the parties, this Amendment to
Agreement shall be recorded in the Office of the Orange County
Recorder, in the chain of title of the Balboa Inn property.
IN WITNESS WHEREOF, the parties hereto have executed
this Amendment to Agreement as of the day and year first above
written. �n
pOTY OF NEWPORT BEACH
APPROVED AS TO FO Mayor
ATTES
1411
City Attorney
City lerk
CITY
BALBOA INN, A LIMIT D P RTNERSHIP
By:
By:
OWNER
DDO:mh
5/24/74 -4-
STATE OF CALIFORNIA)
) SS
County of Orange )
On 1: -Lu �- �( / 0 , 1974, before me, the undersigned,
a Notary Public in and for said State, personally appeared
DONALD A. McINNIS, known to me to be the Mayor, and LAURA LAGIOS,
known to me to be the City Clerk of the municipal corporation that
executed the within instrument, known to me to be the persons who
executed the within instrument on behalf of the corporation therein
named, and acknowledged to me that such corporation executed the
within instrument pursuant to a resolution of its City Council.
WITNESS my hand and official seal.
STATE OF CALIFORNIA)
) SS
County of Orange )
No ary ublic in and for aid State
On �fp ,r , 1974, before me, the undersigned,
a Notary Public in and for said State, personally appeared
THOMAS M. LINDEN, General Partner, known to me to be the person
whose name is subscribed to the within instrument and acknowledged
that he executed the same.
WITNESS my hand and official seal.
Yr MARGARET L. HARPED,
Notary public - California
Orange County y�
r
iy 8dComission Expires SSIfi 6
„y MymAugust 25, 1976
Not ary P lic in and for said State
;�. .
MARGARET L. HARPER
3� ; ' i
Notary Pub88t - California
1_.
n
Oraw County
My Commission Expires
August 25, 1976
STATE OF CALIFORNIA)
) SS
County of Orange )
No ary ublic in and for aid State
On �fp ,r , 1974, before me, the undersigned,
a Notary Public in and for said State, personally appeared
THOMAS M. LINDEN, General Partner, known to me to be the person
whose name is subscribed to the within instrument and acknowledged
that he executed the same.
WITNESS my hand and official seal.
Yr MARGARET L. HARPED,
Notary public - California
Orange County y�
r
iy 8dComission Expires SSIfi 6
„y MymAugust 25, 1976
Not ary P lic in and for said State
FEB 11 1974
By the CITY COUNCIL
CITY OF NGWPAOT AFACH RESOLUTION NO. 8194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
AN AMENDED OFF -SITE PARKING AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND ROLLY PULASKI
AND ASSOCIATES, INC., FOR THE BALBOA INN
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain amended off -site parking
agreement between the City of Newport Beach and Rally Pulaski
and Associates, Inc., to provide the required parking for the
Balboa Inn in the adjacent municipal lot; and
WHEREAS, the City Council has considered the terms
and conditions of said amended off -site parking agreement and
found them to be fair and equitable, and in the best interests
of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said amended off -site parking
agreement is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the
City of Newport Beach.
ADOPTED this 11th day of February, 1974.
ATTEST:
ty Cle
Mayor
DDO :mh
2/12/74
a CITY OF NEWPORT BEACH
�s CALIFORNIA
City Hall
July 19, 1974 3300 W. Newport Blvd.
Area Code 714
673 -2110
Mr. J. Wylie Carlyle, County Recorder
P. 0. Box 238
Santa Ana, CA 92702
Attached for recordation is Off -Site parking Agreement
from
for parkin¢ purposes.
:Z Authorized by Resolution No. 9194.
City Manager authorized by Resolution No. 6773 to accept
easement deeds.
x - 4
Laura Lagios
City Clerk
LL:swk
enc.
:U 7
CITY OF NEWPORT BEACH
CALIFORNIA nuo
City Hall
3300 Newport Blvd.
(714) 973 -2110
February 18, 1974
Mr. Rolly Pulaski
877 Production Place
Newport Beach, California 92660
Dear Rolly:
Enclosed herein are the original and two copies of
the Amendment to Off -Site Parking Agreement, relating
to the Balboa Inn, which was approved by the City
Council on February 11, 1974.
Please execute the original and both copies and return
to this office. I will obtain the signatures of the
Mayor and City Clerk and have a fully executed copy of
the agreement forwarded to you after recordation.
DDO:mh
Encl.
CC: City Clerk 4—
Yours very truly,
DENNIS D. O`NEIL
City Attorney
CITY OF NEWPORT BEACH
FEB 1 1 1974 OFFICE OF THE CITY MANAGER
By km CITY COUNCIL
CITY %`F kdrSWwaaT BRACH February 11, 1974
AGENDA ITEM NO. G -6
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
aw..�.
SUBJECT: REQUEST TO INCREASE �t INN
Rolly Pulaski and Associates are in the final stages of closing escrow on the
Balboa Inn. When escrow closes, it is proposed that the Inn be restored to
its original use and appearance. The Planning Commission, on October 4, 1973,
considered this request and approved of the necessary zoning considerations to
permit this restoration. Subsequent to the Planning Commission action, the
project was considered by the South Coast Regional Coastal Conservation Commis-
sion, after which the Coastal Commission also granted approval. However, both
the Planning Commission and the Coastal Commission imposed additional parking
requirements on the project.
On May 23, 1963, the City Council approved of an offsite parking agreement with
the former owners of the Balboa Inn, providing for sixty -six offsite parking
spaces in the adjoining Balboa lot. The subject agreement remains in full force
and effect and is binding on the current owners of the property. The owners of
the Inn now wish to amend the subject agreement to provide for the additional
fifty -one offsite parking spaces required by the Coastal Commission and the
Planning Commission.
Section 12.44.125 of the Municipal Code requires a payment of $250 per parking
space for those persons providing off - street commercial parking on a municipal
lot. Pursuant to the above section, the $250 fee may not apply if the commercial
operations are in existence on the effective date of the Council amendment impos-
ing the $250 fee. The previous fee and that imposed upon the subject offsite
parking agreement is $30. It appears, therefore, that the City has the option
of imposing the $250 fee or of finding that it is an "existing use" and is
required only to pay $30 per space. Attached,members of the Council will find
a copy of Section 12.144.125, and the staff is asking the City Council for a
determination of Section B. If the Council determines that the subject use
is an existing use, then the current parking agreement providing for $30 can
be expanded. If the Council finds that it is not an existing use, then the
applicant will be required to obtain the fifty -one parking spaces at $250 per
space per year.
ROBERT L. WYNN
RLW:pg
Attachment
12.44.125 Commercial in Lieu Parking Fees. A. PERMIT REQUIRED.
In lieu of providing the required off - street parking on -site pursuant to
Section 20.08.191 of the Newport Beach Municipal Code, a commercial
business may provide all or a portion of its required commercial off -street
parking in a municipal fee owned lot by paying an annual fee of $250 per
parking space. Said municipal parking lot must be so located within
reasonable proximity to the commercial business as to be useful to said
business.
B. EXISTING USES. The requirements set forth in subsection A above
shall not apply to those business establishments already in existence on the
effective date of this ordinance; said businesses may be continued or changed
to a use of the same or a more restricted nature without compliance with
said requirements, provided that said use or building is not enlarged or
extended to occupy a greater area than that occupied by such building or use
on the effective date of this ordinance; and further provided that said
businesses shall continue to be subject to the parking requirements under
which they were established; and shall continue to pay the parking fees as
required pursuant to Section 12.44.120 of the Newport Beach Municipal
Code, where such fees are applicable. (Ord. 1433 § 1, 1972).
FEB I .1 1974
By the ';i i ; G: )UiNICIL
February 5, 1974
City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Dear Gentlemen:
We are rapidly coming to a closing date on the
escrow of the Balboa Inn. One item that we
are anxious to resolve is the parking agreement
with the City for additional spaces in the ad-
joining municipal lot. As you know, because
of our intended use, we were required by the
planning commission to add additional parking
beyond the 66 spaces now provided in a parking
agreement presently applying to this property.
The fee under this agreement is $30.00 per
year per space. In addition to the City's
additional requirements, the Coastal Zone Comm-
ission, through their formulas, created the
need for 16 more spaces as a condition of
approval.
We hereby request that the parking agreement
presently in effect on this property be amended
to accommodate the additional required parking
at the same rate of $30.00 per space per year.
This, we feel, is a fair and realistic rate com-
patible with the annual permits now available
for purchase in Newport Beach. The most
important justification for the amended rate is
1S �
0
'L
City Council
City of Newport Beach
February 5, 1974
page 2
to realize that we are taking an old, terribly run-
down property in an older section of the community
and are intending to restore and rehabilitate what
we consider a basically worthwhile structure.
We feel that this effort will have significant positive
impact on the revitalization of the surrounding area.
Thank you for your attention to this matter.
Very truly ours,
Y lly laski
Rolly P laski and Assoc., Inc.
RR :a;
:ec 25153
4r 24/63 (7) RECORDED AT REQUEST OF
CM OF NEWPORT BEACM
11V OFFiGi�iL riCtpF US CSF'
ORANGE GOUNI-V, G�t.iFo
FREE 9005 AM MAY 20 1963
1 OFF-STREET PARKING AGREEMENT RUBY McFARLAND, County Recorder
2
3 THIS AGREEMENT, made and entered into this day of
4 , 1963, by and between the CITY OF NEWPORT BEACH, hereinafter
5 referred to as "City", and. RICHARD H. R10E and AUDREY W. RICE,
6 hereirnafter referred, to as "Owners"
7 WITNESSETH.
8 WHEREAS, owners own all of the real property described as
9 Lots 12 through 16, inclusive, of Block 10 of Balboa Tract, as shoe
10 on a map recorded in Book 4, page 11, of Miscellaneous Maps, Records
ll of Orange County, California, and that portion of Block D of said
12 Balboa Tract described as follows.
13 Commencing at the most Easterly corner of said Block D,
thence Southwesterly along the Southeasterly line of
14 said. Block D, and its Southwesterly prolongation., to
an intersection with a line lying Southwesterly of,
15 parallel to, and. distant 55.00 feet, measured at right
angles from the Northeasterly line of said Block D,
16 thence Northwesterly along said parallel line a
distance of 135.00 feet, more or less, to an inter -
17 section, with the Southwesterly prolongation of the
Northwesterly lime of Lot 12, Block 10 of said. Balboa
18 Tract, thence Northeasterly along said. Southwesterly
prolongation to an intersection with the aforementioned
19 Northeasterly line of Bloch. D, thence Southeasterly
along said Northeasterly line a distance of 1.35.00
20 feet, more or less, to the point of beginning,
21 hereinafter collectively referred to as the Balboa Inn. property;
22 and
23 WMXEAS, the Balboa Inn Property is zoned C -1-Z, with
24 the exception of the portion of Block D described above which. is
25 in an Unclassified zone; and
26 WHEREAS, rots 12 through 16 of said property are improved.
27 with, a hotel. building ',mown as the Balboa Inn; and
28 WHEREAS, owners intend to redevelop said property by
29 -'Lng structural alterations to the Balboa Inn and by constructing
30 additional improvements on said property pursuant to Variance No.
31 734 and. Use Permit 931 which were approved by the Planning Commis -
32 sion of the City of Newport Beach at its regular meeting On March
11
2
3
41
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28�
29�
30
31
32�
rox 6567 964
21, 1963; and
WHEREAS, Section 9104.31 of the Newport Beach Municipal
'Code sets forth off-street parking requirements which are appli-
cable to said property; and
WHEREAS, said section further provides that the City
Council may waive said off-street parking requirements when a
municipal parking lot is located so as to be useful in cou_-kection
wit -lb, the proposed use on the building site; and
WHEREAS, the City Council at its meeting of April 22,
1963, did waive such parking requirement on condition that a
contract between City and owners be executed which would authorize
and. require owners to provide off-street parking on the municipal
parking lot known as the Balboa Lot which is adjacent to the
0
1111=M
11� 11111 1
M
MEMO M.
City Council in waiving the off-street parking requirements as
hereinbefore stated and the mutual covenants of the parties hereto,
it is agreed as follows:
Owners agree to provide thirty-four (34) off-street
parking spaces on the Balboa Lot for the use of the occupants of
the apartments to be constructed on the Balboa Inn Property. In
addition, owners agree to provide thirty-two (32) off-street park-
ing spaces for use by employees whose place of employment is on the
Balboa Inin Property.
2. City agrees to permit owners to use Balboa Lot as
at the time use is sought for the compensation hereinafter stated
so long as said lot is maintained as a public parking lot by City
or its successors or assigns up to the full term of this agreement.
3. owners agree to pay City an annual fee of Fifteen.
1ollars ($15) for the use of each off-street parking space M
required under this agreement. For the calendar year 1963, c1l
2.
ii
2�
3
4
5
6
7
8
9 �
10
11
12
13
14
15
16
I,/ �
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32i
.BooK6567 Lf,L,�965
amount of said fee will be Seven Dollars and fifty cents ($7.50)
for each off-street parking space. If the City in subsequent
years raises the annual fee charged generally for parking on City
parking lots, the City may increase the annual fee charged. owners
by an equivalent percentage. The annual fee for the calendar year
1963 shall be payable on July 1, 1963, and for years subsequent to
1963 the fee shall be payable on December I of each preceding year
commencing December 1, 1963.
4. For the calendar year 1963, the City will issue to
owners a transferable parking pass for each required parking space
which will entitle the possessor thereof to occupy one parking
space on the Balboa Lot without charge to the extent that parking
s-aace is available at the time use of the parking space is sought.
Should City in years subsequent to 1963 discontinue the issuance of
pt
arking passes for the use of said lo,
.I. owners will continue to pay
the annual fee for the privilege of occupying the required parking
spaces so long as City shall continue to make said spaces available
5. To the extent that owners provide the required off -I
street parking spaces or portion of them at a location approved, by
the City Council other than on the Balboa Lot, the obligation
hereby imposed to use the Balboa Lot and to pay an annual fee f]
such use shall be extinguished, or proportionately reduced.
6. By entering into this agreement, City does not
become obligated to continue to maintain the Balboa Lot as a park-
ing lot and reserves the right to alter the present size, shape, or
method of operation of sa 4 d lot; provided, however, that should
City -ease to make off-street parking spaces available to owner on
the Balboa Lot, owner has no further obligation for payment or
obligation to provide alternate off-street parking spaces.
by City only after preliminary building plans have been submitted
to and approved by the C113ty Co,=cil. Owners agree to make no
3.
ii
8
9
10
11
12
13
14
15
16�
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
BnK6567
material deviation from said plans without obtaining prior approval
from the City Council or such person to whom the City Council may
delegate such power of approval. The right of owners to obtain
parking space in the Balboa Lot shall not become binding and
eZfective until completion of construction in accordance with the
building plans submitted to and approved by the City Council.
Construction shall be deemed complete upon final inspection by the
8. The term of this contract shall begin upon the date
of execution by City and end on April 15, 1988.
9. This agreement shall be binding upon the successors
of City and owners; provided, however, that it is not transferable
without the consent of the City Council until it has become effect-
ive as provided in Paragraph 7 hereof.
10. Upon execution by the parties, this agreement shall
be recorded at the office of the Recorder of Orange County in the
chain of title of the Balboa Inn Property.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
CITY: OF N PORT BEACH
By
�may
Attest:
city Cerk
4.
RICHARD H. RICE
C JA
AUDREY) W. RICE
CITY
FA
10
11
12
13
14
15
16
-17
19
20
21
22
23
24
25
26
27
28
29
30
31
32
STATE OF CALIFORNIA ) BOOK 6567 Fr,GE 967
'
COUNTY OF ORANGE §s
On 1963, before me, the undersigned, a
Notary Public in an or said County and State, personally appeared
CHARLES E. HART and MARGERY SCHROUDER, known to me to be the Mayor
and City Clerk, respectively, of the CITY OF NEWPORT BEACH and to
be the persons whose names are subscribed to the within instrument
and acknowledged that they executed the same on behalf of the City
04.Newport Beach.
WITNESS my hand and official seal.
Notary Public in and for
said County and State
I)AI co=ission January 9, 19a
STATE OF CALIFORNIA )
ss
COUNTY OF ORAI�GE
On. 1963, before me, the undersigned, a
Notary Public in nor said County and State, personally appeared
RICHARD H. RICE and AUDREY W. RICE, known"to me to be the persons
whose names are subscribed to the within instrument and acknowledge(
"'tom t:,they executed the same.
WITNESS my hand and official seal.
Notary Public in and for
said County and State
my CQ=Ission r'<Pites January 9, 1965
THSemec tP so
4/23/63
RESATION NO. 5766
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE EXECUTION OF A
CONTRACT WITH RICHARD H. RICE AND AUDREY W. RICE
FOR THE PROVISION OF OFF- STREET PAIRING ON THE
BALBOA LOT
WHEREAS, Richard H. Rice and Audrey W. Rice are the owners
of that certain real property described as Lots 12 through 16, inclu-
sive, of Block 10, and a portion of Block 'b'; of the Balboa Tract as
shown on a map recorded in Book 4, page 11, of Miscellaneous Maps,
Records of Orange County, as more fully described in the contract
hereinafter mentioned, on which a building known as the Balboa Inn
is located; and
WHEREAS, the owners of said property intend to redevelop
said property by making structural alterations-to the Balboa Inn and
by constructing additional improvements on said property; and
WHEREAS, Section 9104.31 of the Municipal Code contains
off- street parking requirements which are applicable to said property;
and
WHEREAS, the City Council has waived the requirement that
off - street parking be provided on the building site on condition that
the owners enter into a contract with the City to provide off - street
parking on the Balboa Lot which is owned by the City; and
WHEREAS, the City Council has reviewed the contract providing
for the use of the Balboa Lot as above stated and finds the same to be
fair and equitable;
NOW, THEREFORE, BE IT RESOLVED that said contract between
the City and Richard H. Rice and Audrey W. Rice be and hereby is
approved and the Mayor and City Clerk are hereby authorized and
directed to sign said contract after the preliminary building plans
for the proposed construction are submitted to and approved by the
City Council.
ADOPTED this 22nd day of April, 1963.
r f /
TEST-
mayor
City Clerk
.
VV
�F
LOAN
260 OCEAN AVENUE ,.':=•
P. O. BOX 1067 • ^`'
t'r
May 15, 1967
`T. 1llC/ ?
ASSOCIATION
LAGUNA BEACH. CALIFORNIA 82652
TELEPHONE 494.7561
City of Newport Beach
3300 West Newport Boulevard
Newport Beach, California 92660
Attention: Mrs. Macdonald
Re: Our Real Estate Owned Parcel
No. 158
Your Contract No. C 846
The Balboa Inn
105 Main Street
Newport Beach, California
Gentlemen:
Enclosed is our check No. C 87110 for $990.00 in payment
of 66 parking spaces at $15.00 at the above captioned
address as per your statement dated May 11, 1967.
It is requested by this Association that you send to us
a copy of the contract. Please send it to.my attention.
Thank you for your cooperation in this matter.
Yours very truly,
Lyxdi P. Cherry, Manager
Property Management Department
LPC:ag
Enclosure
ft
Mr. and Mrs. Richard H. Rice
P. O. Box 1121
Newport Beach, California
Dear Mr. and Mrs. Rice:
44
June 10, 1963
Enclosed is a duly executed copy of the encroachment agreement
between the City of Newport Beach and Richard H. Rice and Audrey
W. Rice. The encroachment agreement was recorded in the Official
Records of Orange County on May 29, 1963 as Document Now 25152
in Book 6567, commencing at Page 957 to and including Page 962.
I am also enclosing a duly executed copy of the off - street parking
agreement between the City of Newport Beach and Richard H. Riee
and Audrey W. Rice. The off - street parking agreement was re-
corded in the Official Records of Orange County on May 29, 1963
as Document No. 25153 in Book 6567, commencing at Page 963 to
and including Page 967.
Copies of Resolutionr- numbered 5767 and 5766, authorizing the
execution of the above contracts, are also enclosed. Said Resolutions
were adopted on April 22, 1963.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS:mv
Ence.
cc: City Attorney
•
City Clerk
w
dnae 190 1963
Public Works Director Dnnald Simpson
$aildiy and Safety Director R. A. Glenn
Finance Director Freak Johasoa
City Clerk Margery Sebroudes
Enclosed are copies of the off -strut parking agreement
and the entroaehrneat agreement between the City of
Newport Beach awl Rici3ard K. Rice. at al.. which war*
autheriaed reape.::ivei- 'by the Mdoiation of Rosalutiona
numbovesi 5766 and 3757 on Aprii 22. 2963.
I.1Q:mv
Lacs.
R
dD
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
Contract No. C -846
Date June 10, 1963
Authorized by Resolution No. 5766 , adopted on April 22. 1963
Date Mayor and City Clerk executed Contract May 23. 1963
Effective date of Contract May 23, 1963
Contract with Riehard H. Rice and Audrey W. Rice
Address P. O. Box 1121
Newport Beach. California
Brief description of Contract Off - street parking agreement - Balboa Inn
Amount of Contract
y Clerk
0
May 28, 1963
Mrs. Ruby McFarland
County Recorder
Box 238
Santa Ana, California
Dear Mrs. McFarland:
Attached for recordation is an off-street parking
agreement between the City of Newport Beach and
Richard H. Rice and Audrey W. Rice, execution of
which was authorized by the Council of the City of
Newport Beach on April 22, 1963 by the adoption of
Resolution No. 5766.
1 am also enclosing an encroachment agreement for
recordation, by and between the same parties, exe.
cution of which was authorized by the Council of the
City of Newport Beach by the adoption of Resolution
No. 5767 on April 22, 1963.
Very truly yours,
MS:mv
Ence.
Margery Schrouder
City Clerk
City of Newport Beach
40 db
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENTT
April 24, 1963
To: City Clerk
t
From: City Attorney
Subject: Balboa Inn Property
% A� r"'X
410
�FNaoRry op 196�a►
Transmitted are the original and three copies of the Off -
Street Parking Agreement between the City and Richard H.
Rice and wife pertaining to the subject property, together
with Resolution No. 5766 authorizing execution thereof
which was adopted by the City Council on April 22, 1963.
The attached agreement and the Encroachment Agreement pre-
viously handed you are in order for execution by the parties.
Note that paragraph 7 of the Off- Street Parking Agreement and
Resolution No. 5766 provide for execution of rha agreement by
the City,2nly after prelimina
posed construc ,,,,lon ....,ayeTe „eA
CifV Con:j p,,. Furthermore, t
their execution they shall be
County Recorder of Orange oc
THS :mec
Encs.
offi
Walter W. Charamza
City Attorney (�
By
y k/K. Seyrour
Assistant City Attorney
cc - City Manager
Planning Director
Finance Director
Building and Safety Director