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.
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` 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
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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
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Dock kestauras:c, .h(; irtpriaves, llr parkis:g spaces located
21 an the at i &SL Vuast Highway, as shown on the
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attached Exhibit "A ", may be used by the occupants, customers,
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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
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2611 cerminated for any reason, Dry Dock will :nimediac€ly thereafter
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j obtain additional oft site parking spaces satisfactory to and
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approved by the City of Newport Beach in order to meet the Code
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requirements existing at that time.
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4. It the event Dry Dock is unable to acquire and
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maintain satisfactory o:L siLe parking at an approved location,
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Dry Dock will, at the option of the City, reduce the seating
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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.
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11 L AND D h"TERRISES.,' dba Dry Dock
12 Restaurant
13 by
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15 CITY OF NEWPORT BEACH
by
16 C_3 mayor �G�G
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18 Attest:
20 ! } erk
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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
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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.
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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.
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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
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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)