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HomeMy WebLinkAboutC-7441-1 - Off-Site Parking Agreement for 1718 Monrovia Ave, Costa Mesa and 866 West 16th StDocument -3658114 -Page -1 Page 1 of 1 Recorded in Official Records, Orange County RECORDING REQUESTED BY AND Hugh Nguyen, Clerk -Recorder WHEN RECORDED RETURN TO: 1111111111111111111111111111111111111111111111111111111111111 II NO FEE *$ 8 0 0 0 9 4 3 8 0 6 3$* CITY OF NEWPORT BEACH 201700030520111:55 am 07/25117 Attn: Community Development Department 105 406 Al2 7 100 Civic Center Drive 0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00 Newport Beach, CA 92660 EXEMPT FROM FILING FEE PER CA GOVT. CODE § 1-11A3 [SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY] OFF-SITE PARKING AGREEMENT THIS OFF-SITE PARKING AGREEMENT ('Agreement") is made and entered into this 17th day of July, 2017, between VIEWPOINT CHURCH, a California corporation ("Applicant" or "Lessee"), and GRISWOLD INDUSTRIES, a California corporation ("Owner" or "Lessor"), referred to collectively as "The Parties" and made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the Parties hereto: Lessor is the fee owner of, or duly authorized to operate, that certain parcel of real property located at 1718 Monrovia Avenue, in the City of Costa Mesa, County of Orange, and State of California, Assessor's Parcel Number 424-071-05, which is commonly known as Viewpoint Church, and is more particularly described as: LOT 908 OF NEWPORT MESA TRACT, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. Said property is hereinafter referred to as "Property" or "Parking Area" and is depicted in Exhibit "A" attached hereto and incorporated herein by this reference. II. Applicant operates an existing church located at 866 W 16th Street, City of Newport Beach, County of Orange, State of California, Assessor's Parcel Number 424-111-05, which is commonly known as Viewpoint Church, and is more particularly described as: PARCEL 1: THE EASTERLY 176.00 FEET OF THE SOUTHERLY 165.00 FEET OF LOT 912 OF NEWPORT MESA TRACT IN TEH [sic] CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 5, PAGE 1 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Viewpoint Church Access and Parking Agreement Page 1 about:blank 07/25/2017 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH Attn: Community Development Department 100 Civic Center Drive Newport Beach, CA 92660 EXEMPT FROM FILING FEE PER CA GOVT. CODE § 7-1113 [SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY] OFF-SITE PARKING AGREEMENT THIS OFF-SITE PARKING AGREEMENT ("Agreement") is made and entered into this 17th day of July, 2017, between VIEWPOINT CHURCH, a California corporation ("Applicant" or "Lessee"), and GRISWOLD INDUSTRIES, a California corporation ("Owner" or "Lessor"), referred to collectively as "The Parties" and made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the Parties hereto: Lessor is the fee owner of, or duly authorized to operate, that certain parcel of real property located at 1718 Monrovia Avenue, in the City of Costa Mesa, County of Orange, and State of California, Assessor's Parcel Number 424-071-05, which is commonly known as Viewpoint Church, and is more particularly described as: LOT 908 OF NEWPORT MESA TRACT, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. Said property is hereinafter referred to as "Property" or "Parking Area" and is depicted in Exhibit "A" attached hereto and incorporated herein by this reference. II. Applicant operates an existing church located at 866 W 16t" Street, City of Newport Beach, County of Orange, State of California, Assessor's Parcel Number 424-111-05, which is commonly known as Viewpoint Church, and is more particularly described as: PARCEL 1: THE EASTERLY 176.00 FEET OF THE SOUTHERLY 165.00 FEET OF LOT 912 OF NEWPORT MESA TRACT IN TEH [sic] CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 5, PAGE 1 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Viewpoint Church Access and Parking Agreement Page 1 PARCEL 2: AN EASEMENT FOR INGRESS, EGRESS AND DRIVEWAY PURPOSES TO BE USED IN COMMON WITH OTHERS OVER THE WESTERLY 8.00 FEET OF THE EASTERLY 184.00 FEET OF THE SOUTHERLY 165.00 FEET OF LOT 912 OF NEWPORT MESA TRACT, IN THE CITY OF NEWPORT BEACH, COUNTY OR [sic] ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 1 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. The Voorhees Family Trust, dated March 14, 2014, is the fee title owner of said property. III. On November 17, 2016, the Newport Beach Planning Commission approved Conditional Use Permit No. UP2016-039 by adopting Resolution No. 2037. Said approval was a request by the Applicant for approval of a parking management plan and an off-site agreement. The Property address was incorrectly identified as 1701 Placentia Avenue, Costa Mesa. IV. On June 8, 2017, the Newport Beach Planning Commission amended UP2016-039 and issued Resolution No. 2056 to correctly identify the Property as 1718 Monrovia, Costa Mesa. NOW, THEREFORE, the parties hereto acknowledge and agree that: 1. The CITY OF NEWPORT BEACH, a municipal corporation and charter city ("City") is an express third -party beneficiary under this Agreement, and as such, this Agreement shall inure to the benefit of City. Applicant and Lessor further acknowledge and agree that the City, and its respective successors and assigns, shall have the right to enforce this Agreement directly against Applicant and/or Lessor. 2. This Agreement may not be supplemented, amended, terminated or modified without the express written consent and approval of City. 3. Pursuant to Conditional Use Permit No. UP2016-039, Applicant and Lessor agree as follows: (a) Applicant shall immediately notify the City's Community Development Director ("Director") of any change of ownership or use of the property where the required off-site parking is located, or changes in the use or availability of the required off-site parking, or of any termination or default of the Parking Agreement between the parties. Viewpoint Church Access and Parking Agreement Page 2 (b) The Agreement between the subject property and 1718 Monrovia Avenue shall be reviewed and approved as to form only by the City Attorney and recorded at the County of Orange. (c) Upon notification that the Agreement for the required off-site parking has terminated or access to those spaces is no longer available, the Director shall establish a reasonable time in which one of the following shall occur: i. Substitute parking is provided that is acceptable to the Director; or ii. The size or capacity of church assembly use is reduced in proportion to the parking spaces lost. (d) The church shall include the City of Costa Mesa as an additionally insured in its insurance policy, which is relevant to use of the off-site parking area at 1718 Monrovia Avenue, Costa Mesa. 5. Applicant shall fully perform all of the conditions of approval imposed by the Planning Commission in conjunction with the approval of this Agreement and Conditional Use Permit No. UP2016-039. 7. This Agreement shall not amend the rights and obligations of Lessor under the Parking Agreement. This Agreement shall automatically terminate and be of no further force or effect upon the expiration or earlier termination of the Parking Agreement, except as to the obligations of the Applicant to the City. Notwithstanding the above, upon receipt of written notice to City and Applicant from Lessor, or any interested party, that the Parking Agreement has expired or has been otherwise terminated, Lessor and Applicant, with the consent and approval of the City, shall execute and deliver documents in recordable form as may be necessary to remove this Agreement from such properties in the Official Records of Orange County. Approval of Applicant or the Owner shall not be required to remove the effect of this Agreement from the Parking Area. 9. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees, from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever arising under this Agreement. [SIGNATURES ON NEXT PAGE] Viewpoint Church Access and Parking Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. LESSOR: GRISWOLD INDUSTRIES, a California corporation By: Martin W. Pickett Chief Executive Officer 1 !i_t_�_ ►�r► Ton— David .-.Secretary APPLICANT: VIEWPOINT CHURCH, a California corporation By: Ti �; �� �- - Roger rabassi Chief Executive Officer----_, mas Bass retary APPROVEDA TO FORM: CITY AT S OFFICE By: Aaro H rp3 City Attorney [END OF SIGNATURES] Attachments: Exhibit A - Depiction of Property Viewpoint Church Access and Parking Agreement Page 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ©f'mV1 e ss. �1 ,r n �a %��„ L -r On J- -L>14t15co 20 l r7 before me, Notary Public, personally appeared V, o R P4 10 ASS 1 who proved to me on the basis of satisfactoryibvidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. a m ATHENA CHRISTY WIT h fficial seal. COMM.# 2074024 m In NOTARY PUBLIC •CALIFORNIA r oa a° ORANGE COUNTY My Gomm. F.xeires j8iy to; PEN Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 0 r0. V10 ss. Ono 20 1 V7 before me `e�Q C�C/IIRi S Notary P � lic, personally appeared _ a X1'1 A -S E3 u4 SS proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SEPI OF l a •°"`" tiF• ATHENA CHRISTY WITNES nd d cial seal. X ,� "�, COMM.# 2074024 'n NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY cq�RNP My Comm. Expires July 10; 2018 � Signa r (seal) Viewpoint Church Access and Parking Agreement Page 5 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ Clac-41, } ss. On I�� :lit , 20 1 before me, l 4 G �.2 �� Notary P blic, personally appeared � ,,v�� M'�_ , who proved to me on the basis of satisfactory evidence to be the personN whose name() is/afe subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/hefi4#eir authorized capacity(ies%), and that by his/"�r�r tei;- signatures( on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. &—,� �- Z� Signature RAQUEL CHAVEI COMM. 02073152 z Z ,� t �� Oran a County rnia c S Com ires June 29, 2018 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of YC; q ss. On 20 n before e, Notary Public, personally appeared ', proved to me on the basis of satisfactory evidence to be the person% whose name(s) is/af-s, subscribed to the within instrument and acknowledged to me that he/sheAhe executed the same in histlierfte+- authorized capacity' i"), and that by his/4ad1aeir signatures on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature RAQUEL CHAVEZ COMM. #2073152 z Z NolaanCalifornia pOrge County Conor ires June 29, 2018 (seal) Viewpoint Church Access and Parking Agreement Page 6 EXHIBIT A DEPICTION OF PROPERTY LOCATED AT 1718 MONROVIA AVENUE, COSTA MESA Viewpoint Church Access and Parking Agreement Page A-1