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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