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HomeMy WebLinkAboutC-1195 - Off-Street Parking AgreementCity Attorney City Clerk Off-site Parking Agreement • L i D SMerprirss. limiered for execution are the odgfnsl and three copies 09 tks agreement wRk L a D Raterprimw regsrdag on -sib parking. As authorised by Resolution 6890 the Delayer and t bave esecubd the sgreemmd as of silo - date. Sobs Resolution 6894 regarding off -mite. Parking fer The lrvbw CeMasr and subject resolution Mate that the City Clerk is authorised and directed to record said agreement sad execute any certMeabs necessary to oceon*ish said recording. Will you please give me more detailed instructions. leaMa Isgia. LLsdg Eml. (4) acs planning Mrseter I `j �j a i 2{ 3`i 41 5li 6 7j 8� 91 10 111 12 13 14 15 16 17 18 19 20 21 221 231 24 25 26 27 28 29 30 31 32 ` kilt* AVitLa iL'r+T made and entered into this ,, day of d 1908, between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter called "city ") and L AND D ENURFRISLS, a California corporation, dba Dry Dock Restaurant O- Creisutfter called "'D-i y Jack ") FECITM S L and 0 Enterprises ::r "he long ve.rm lessee of chat certain real prvpc:rLy located at 2bJi West Coast Highway, Newport Beach, as is more particularly shown on the plot map attached hereto markcd L- Xhibi.- "A ". 2. L and J L<tarprises, dba Dry Dock Res UP? rant, operates e. r,:.;.:_: a : it =? , _ n" A ,at ZG'A West Coast Highway. Dry i)7L1r4 is c�_3 i' i_ Fits a.AU'i E'i::'t of 10 slips SCr the storage of vessels or. the property immediately bayward of 2601 West coast H1.64day. . 3. Dry Du::u p: oN?sce tc epera,te a restaurau-t with a seating capacity for 80 persons. 4. Lus Li�wport Bt;acii iunieipal Co6E url.Li equire a Lvl:al CL .?.;. ,- :.: "."l` ='. Lt--', ,;pui:�„ LC V;:C_- kL CU C!_ tG seacir = -r eapae-. c.y or 60 percers p1 -s the use cf 10 Slip spaces to be leased out. 5. The total combined parking spaces Ares v.Lly existing on that parcel of properly at 2601 West Coast Highway is 22. 6. Beachcombers Shops, laic_ is Lhe oirr<rr of .hat certain, real property located at 2633 West Coast H1*&hwa , Newport Beach, California. 7. An agreement has been entered into by and between L and D Enterprises and Beachcombers Shops, Inc. whereby Beachcombers will prcvire earl rzz for the occupants, customers, employees and business invitees of Dry Dock for a term of the same �I I) 1' :�, ration as Dry Dock holds the property at 2601 `west Cost Highway 2� as lessee. ail 8. The Planning' Commission of the City of Newporc Breach 411 on October 3, 1968, approved the petition of Lary Dock to provide 5i a seating.capaeity of 80 personas, whereby the Number of code 6+I requireQ_rm -site parking spaces.-was waived provided that Dry Dock 7i obtain sufficient off site parking spaces pursuant to agreement 8 sari. =;factory 4c the :.ity ai :d apprcve�- :,y the City .:.aucil. 91 NOtd, T&REFOREO in consideration of the approval Ly 10 City of .Dry Dock's intended use of the improvements on the property 4oasc Ai�iaaay and in consideration of the above 11 at 2601 tdLst 12 premises, the partie:5 hereco agree: as follows: 13 z' b, i iding located an tae property 14 at 260i Wesc Coast Highway, and more particularly shown on the 15 attached Exhibit "A ", is occupied by the Dry Dock Restaurant, there 16 will be no reduction i:. Lau 1 reLe :.ti , existin g 22 parking spaces 17 located on the pareel at 2(,01 west Coast Highway. 18 2. For so long as the building located on the property 19 at 2601 best Coast Highway eontifaucs zo be operated b =., the Dry 20 Dock kestauras:c, .h(; irtpriaves, llr parkis:g spaces located 21 an the at i &SL Vuast Highway, as shown on the 22 attached Exhibit "A ", may be used by the occupants, customers, 23I employees and business invite es of the tiny Dock. 24 1 1, =vent, the agreeivienr executed on September 25, 251 1966, between Dry flock and Beachcombers Shops, Inc., should be I 2611 cerminated for any reason, Dry Dock will :nimediac€ly thereafter 27 I j obtain additional oft site parking spaces satisfactory to and 28 approved by the City of Newport Beach in order to meet the Code 29 requirements existing at that time. 30 j 4. It the event Dry Dock is unable to acquire and 31 maintain satisfactory o:L siLe parking at an approved location, 32 Dry Dock will, at the option of the City, reduce the seating -2- I� y 11 capaelEy to that number that corresponds with .:-he, number of 2! approved on -site parking spacaa: 31 5. This t he rusc re*i property 41 described above_ and more particularly shown in Exhibit "A" 11 5;' attacitoci heroic a d shall bind the heirs, successors and assigns 6 cif the parties heretc arid i4 shall be recorded in the office of 7 the Coucity Recorder of Orange County. 8 IN WITKSS tiOMREOF, the parties hereto Dave executed gr 9 his agreement as of the day and year first above written. 10 11 L AND D h"TERRISES.,' dba Dry Dock 12 Restaurant 13 by 14 15 CITY OF NEWPORT BEACH by 16 C_3 mayor �G�G 17 18 Attest: 20 ! } erk 21 22 23 24 251 27 it 28 29 I 30 31 32 -3- 1 RESOLUTION NO. 6895 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH L AND D ENTERPRISES REGARDING OFF SITE PARKING WHEREAS, L and D Enterprises is the long term lessee of that certain real property located at 2601 West Coast Highway, Newport Beach; and WHEREAS, L and D Enterprises, dba Dry Dock Restaurant, operates a restaurant business at 2601 West Coast Highway. Dry Dock is also the lessee and sub - lessor of 10 slips for the storage of vessels on the property immediately bayward of 2601 West Coast Highway; and WHEREAS, Dry Dock proposes to operate a restaurant with a seating capacity for 80 persons; and WHEREAS, the Newport Beach Municipal Code will require a total of 32 parking spaces be provided on site to accommodate seating capacity of 80 persons plus the use of 10 slip spaces to be leased out; and WHEREAS, the total combined parking spaces presently existing on that parcel of property at 2601 West Coast Highway is 22; and WHEREAS, Beachcombers Shops, Inc. is the owner of that certain real property located at 2633 West Coast Highway, Newport Beach, California; and WHEREAS, an agreement has been entered into by and between L and D Enterprises and Beachcombers Shops, Inc. whereby Beachcombers will provide parking for the occupants, customers, employees and business invitees of Dry Dock for a term of the same duration as Dry Dock holds the property at 2601 West Coast Highway as lessee; and WHEREAS, the Planning Commission of the City of Newport Beach on October 3, 1968, approved the petition of Dry Dock to provide a seating capacity of 80 persons, whereby the number of code required on -site parking spaces was waived provided that Dry Dock obtain sufficient off site parking spaces pursuant to agreement satisfactory to the City and approved by the City Council; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said lease agreement between Dry Dock and Beachcombers Shops, Inc., whereby Dry Dock will have the exclusive use of ten (10) parking spaces at 2633 West Coast Highway, Newport Beach; BE IT FURTHER RESOLVED that City shall retain the option to order Dry Dock to reduce the seating capacity of the restaurant to such number as corresponds with the number of approved on -site parking spaces, in the event Dry Dock fails to maintain satisfactory off site spaces approved by City; BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to record said agreement and execute any certificate necessary to accomplish said recording. ADOPTED this a$_ day of pe,Tobe-a , 1968. ATTEST. i City er TLW.aj r -2- October 28, 1968 TO: FROM: BY: SUBJECT: APPLICANT: CITY OF NEWPORT BEACH Honorable Mayor and Members of the City Council Planning Commission Planning Director Off -Site Parking Request L & D Enterprises BUSINESS NAME: The Dry Dock Restaurant LOCATION: 2601 West Coast Highway ADDlication G4 The request is for approval of providing part of the required off - street parking for a new restaurant on a nearby parking lot. The Municipal Code (Section 20.40.040) requires approval by the Plann- ing Commission and City Council. Procedure followed by the Planning Commission The request was considered by the Planning Commission at a hearing on October 3, 1968. Findings and Recommendations of the Planning Commission The following outline summarizes the information germane to con- sideration of this application. Restaurant Seats 80 Boat Slips 9 A. Rental Slips 4 Guest Slips 5 Restaurant required parking at one space for each 3 seats 27 Boat Slip required parking at 3/4 of a space per slip 3 Total required on site parking 30 TO: City Council - 2. On site parking provided 21 On site parking deficiency g Parking provided by contract on nearby parking lot within 120 feet 10 The applicants in addition to providing for the minimum requirement have made arrangements (not required or officially a part of this consideration) for the use of 30 parking spaces behind the United California Bank across Coast Highway to the west and for 12 parking spaces behind Mr. 00's restaurant directly across Coast Highway. The Planning Commission, after careful analysis, determined that under the conditions stipulated below the proposal as presented was reasonable, consistent with sound planning practice and in the best interests of the overall economic health of Newport Beach. Therefore it is recommended for approval subject to compliance with the following conditions: 1. A maximum seating of 80 persons shall be permitted. 2. The applicant shall immediately remove 20 restau- rant seats if, for any reason, the 10 parking stallscontracted for should become unavailable. 3. There shall be valet service provided in order to assure the use of the contracted parking spaces. 4. The 10 contracted parking spaces shall be signed identifying them as required for the Dry Dock Restaurant use. 5. An agreement between the applicant and the City, in a form acceptable to and approved by the City Attorney's office, shall be required as part of this Planning Commission approval. 6. This approval shall be for one year and the Plann- ing Commission reserves the right to revoke this permit if for any reason it is determined that the agreement is not being observed or if safety hazards develop as a result of this agreement. . TO: City Council - 3, Results of Roll Call Vote: AYES: Curtis, Jakosky, Clemence, Copelin, Dosh NOES: None ABSENT: Watson ABSTAIN: Adkinson By order of the Chairman David W. Curtis I hereby certify that the above is a true and correct report of the proceedings and action of the Planning Commission, City of Newport Beach. Respectfully submitted, Ray Y. Co elin Secretary Newport Beach City Planning Commission By U" t Ernes Mayer, Ji Planning Directo1 EM:hh Attachments: Vicinity Map Copy of letter request Copy of Contract for required additional parking spaces. Copy of valet parking service contract Copy of agreements for non required parking in United California Bank and Mr. 00's parking lots. Note: Plans will be on display and explained at the City Council meeting. 'o 0 .0 Ri Rq R: P-1 R-1 6 R-1 1 E ED T 01 CIASr A-r4 IV A% yj CAz DRY jv SAY euiri PoRr - cw LIDO 100 A51 V,A Ae GA sz DRY DOCK RESTAURANT OFF. SITE PARKIWC. W. CoAST Awy N L & D ENTERPRISES 2601 West Coast Highway Newport Beach, California October 1, 1968 Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660'. Subject: Dry Dock Restaurant - Off -site. Parking Request.. Attention: Ernest.Mayer, Jr., Planning Director Gentlemen: Pursuant to the Planning Commission's request for a plan showing exactly where additional off - street parking is to be available' in order to permit the installation of additional seats.in. the above referenced restaurant, I am providing the following: (1) 15 prints of a plot plan showing our site and the site where we have contracted for 10. additional parking stalls.. (2) 5 copies of an agreement between. Mr. Sam Graves. of Beachcomber Shops, .Inc. and the principals involved with the Dry Dock Restaurant assuming the use of 10 .parking spaces. We would respectfully request your favorable consideration of our desire to.accommodate a maximum seating in our restau- rant of 80 persons (permitted by ordinance on the basis of one parking space for each three seats, counting both bar and table seats). We have provided a total of 32 parking spaces, 21 of which are located approximately 120 feet to the west in back of the Beachcomber Shops and Restaurant Complex. These businesses.. do not operate at night and, therefore; the spaces we have leased are not in demand. We shared the Planning Commission's concern about the first off -site parking we were able to secure and, therefore, sought. parking. in a location that would make it more convenient for all parties concerned. The subject location appears to.be..in.close enough proximity. to permit its use, particularly since'it.is :our .in.tention to. utilize the valet parking service.. Planning Commission - Page. 2. We have appreciated your patience in this matter and now that we are about to commence doing.business,.we are certain that.you will be pleased with the quality of our operation. Very truly yours, i OHN W. DRIVER.. L & D Enterprises Dry Dock Restaurant.. Attachments.: Plot Plans Parking Agreements w October 24, 1968 Pacific Valet Service Newport Beach, Calif. Dear Sir: This is to inform all parties of interest that ALL parking is handled by Pacific Valet Service for the Dry Dock Restau- rant, 2601 Coast Highway, Newport Beach, California, and in . addition Pacific Valet Service provides maximum insurance and does supply all uniformed and experienced attendents in order to provide the best possible service to their customers. The Dry Dock lot sites, with parking by attendants ONLY does meet with Pacific Valet Services requirements and is satis- factory to both parties concerned, according to their Agree- ments. Sincerely, PACI IC VALET_SERVICE Don L. Brakeman DLB:bb TO WHOM IT MAY CONCERN: TELEPHON[ LIBERTY 8-7766 I am the attorney for Newport Foods, Inc.: Newport Foods, Inc., is the owner of M'Goos Restaurant located at 2600 West Coast Highway, Newport Beach, California (said restaurant has recently changed its name to Mr. Oo's). My client is the lessee under a written lease for the restaurant premises and the parking lot located in the rear thereof. The lessors under said written lease are several in number, but the lessor in charge of managing the property in question is Alfred V. Jorgensen. I have been instructed to prepare a sub -lease on the following terms and conditions: (1) Sub - lessor -- Newport Foods, Inc. (2) Sub - lessee -- L & D Enterprises doing business as the Dry Dock. (3) Property to be sub - leased -- 12 parking spaces located in the back of M'Goos Restaurant. (4) Term of Sub -base -- month to month. (5) Rental to be paid -- $60.00 per'month. (6) Consent of Lessor under master lease -- Mr. Jorgensen, according to my client, has agreed to the afore- mentioned sub - lease. LIPPOLD, HENDERSON AND DINSMOOR ASSOCIATES ROD EARL LIPPOLD ATTORNEYS AT LAW THOMAS W.HENOERSON,JR. 350 EAST 17TH STREET, SUITE III R.REITH OINSMOOR EARL O. LIPPOLO COSTA MESA,CALIFORNIA 92627 FRED M.CROSS October 23, 1968 . TO WHOM IT MAY CONCERN: TELEPHON[ LIBERTY 8-7766 I am the attorney for Newport Foods, Inc.: Newport Foods, Inc., is the owner of M'Goos Restaurant located at 2600 West Coast Highway, Newport Beach, California (said restaurant has recently changed its name to Mr. Oo's). My client is the lessee under a written lease for the restaurant premises and the parking lot located in the rear thereof. The lessors under said written lease are several in number, but the lessor in charge of managing the property in question is Alfred V. Jorgensen. I have been instructed to prepare a sub -lease on the following terms and conditions: (1) Sub - lessor -- Newport Foods, Inc. (2) Sub - lessee -- L & D Enterprises doing business as the Dry Dock. (3) Property to be sub - leased -- 12 parking spaces located in the back of M'Goos Restaurant. (4) Term of Sub -base -- month to month. (5) Rental to be paid -- $60.00 per'month. (6) Consent of Lessor under master lease -- Mr. Jorgensen, according to my client, has agreed to the afore- mentioned sub - lease. N 40 * ' The aforementioned lease should be prepared and executed within the next ten (10) days. Sincerely, Thomas W. Henderson, Jr. -2- -r C '. of U N I T E D C A L I PORN 1A BAN K MARINERS OFFICE • 2712 WEST COAST HIGHWAY • NEWPORT BEACH, CALIFORNIA 92663 • TEL. 6462431 October 22, 1968 Dry Dock Restaurant 2601 W. Coast Highway Newport Beach, California 92660 Gentlemen: In accordance with our conversation of October 21, 1968, we will be happy to make available to you our Bank parking lot consisting of 30 parking spaces located at 2712 W. Coast Highway (rear) for the purpose of over- flow parking for patrons of your restaurant after normal banking hours and on week -ends. Any use you wish to make of these facilities for parking purposes will be in accordance with the provisions of the attached agreement. Sincerely 14 R. C. Kimball Vice .President and Manager N .. .. 40 United California Bank 2712 W. Coast Highway Newport Beach, California Gentlemen: w October 22, 1968 The undersigned, in consideration of the use of your bank parking lot located at 2712 W. Coast Highway (rear) on and after October 4, 1968, for the purpose of overflow parking, hereby agrees to indemnify and save you harmless from any and all liability and loss which you may suffer by reason of use of said premises, and agrees to defend you against the claims of all persons in connection therewith and to pay any expenses, including attorney's fees, incurred by you in defending such claims in the enforcement of this contract of indemnity. It is also understood and agreed that the undersigned will furnish the bank evidence of liability insurance with limits of $100/$300,000 Bodily Injury and $100,000 Property Damage, with a notation in such evidence that the liability assumed by the undersigned is covered by the insurance. It is further understood that this agreement is revocable on 30 days notice by either party. Very truly yours THE DRY DOCK RESTAURANT BY (Title)