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Home My WebLink AboutC-1204 - Off-Street Parking Agreement for Edwards Cinema Theatre CircuitTLW1:aj r 101 j 81/68 (9) C!W CLERK -V,7GUBEACH POULEVARD 9266T 20 82 NO TAX DUE, AGREEMENT B'00K8837 FAu 204 FEC0 0 _R0 E D _-Tr -rl-,---Q-u _F_ 8-T OF �N 0�7A8%IC'I'E C3UNTY, jAN 46 1969 FF R E THIS AGREEMC0T, made and entered into thisday Cc 2 2 Of I -`,V , //,q �7- 1965, between the CITY GFTEWPORT BEACH, a municipal corporation, (hereinafter called "City") and THE IRVINE COMPANY, a West Virginia corporation (hereinafter called "Irvine") 1. Irvine is the owner of that certain real property located at the southeast corner of Newport Center Drive East and San Miguel Drive, in the City of Newport Beach, County of Orange, State of California, more particularly known as a portion of Block 93, Irvine's Subdivision as said property is more particularly depicted on the Flat Map attached hereto entitled "sketch to accompany legal description" and marked Exhibit "A". 2. Edward's Theatres Circuit, Inc. (hereinafter called "Edwards") is the lessee under agreement dated June 7, 1967, of a portion of that certain real property described in paragraph -number 1 above and shown on attached Exhibit "A". Said leased portion fronts on Newport Center Drive East southerly of San Fiiguel Drive which is set forth and more particularly described as Parcel No. 1 and Parcel No. 2 on a Parcel Map approved by the City of Newport Beach and recorded in the office of the County Recorder on May 31, 1968, in Book 15, Page 14 of Miscellaneous Maps. 3. Parcel No. 2 is presently zoned C -O -H -UL and is to be developed for a theatre with a seating capacity of.1200 persons. Section 20.38.030 of the Newport Beach Municipal Code requires on-site parking for two hundred forty (240) vehicles, based on its contemplated use as a theatre. 4. Parcel No. 1 is presently zoned C -O -H -UL and is to be developed and used for the sole purpose of providing access BooK8837 FAGE 205 from Newport Center Drive East to Parcel No. 2 and to the vehicle parking area located northerly of Parcels No. I and 2 and southerly of San Miguel Drive, hereinafter referred to as the "primary parking license" area. 5. The terms of the ground lease agreement dated June 7, 1967, by and between Irvine as lessor and Edwards as lessee reserve to Irvine, its successors and assigns, a Pon - exclusive easement for pedestrian and vehicular ingress and egress over and across the driveways and sidewalks on Parcel No. 1 and reserve to Edwards a non-exclusive easement for pedestrian and vehicular access to the primary parking license area from Parcel No. 1. 6. The terms of the ground lease agreement dated June 7, 1967, by and between Irvine as lessor and Edwards as lessee, provide that Irvine licenses to Edwards that certain area northerly of Parcels No. 1 and 2 known as the primary parking license area for the use of the occupants, customers, employees and business invitees of Edwards. 7. Edward's Theatres Circuit, Inc. was granted a Use Permit, No. UP 1347, by the Planning Commission of the City of Newport Beach on March 21, 1968, provided Edwards could obtain approved off-street parking for vehicles on a separate lot from the building site. 8. Section 20.38.040 of the Newport Beach Municipal Code allows off-street parking to be provided on a site other than the building site on condition that an agreement between the property owner and the City is executed and recorded, setting forth that the off-street parking shall be provided and maintained as a,designated parcel of land for the duration of the proposed use or uses on the building site or sites. -2- 600K8837 pAcE20$ NOW THEREFORE in consideration of the approval by City of Use Permit No. 1347 and approval by City of the access and parking agreement between Irvine and Edwards and in consideration of the above premises, the parties hereto agree as follows: 1. For so long as the theatre building to be constructed by Edwards continues to exist on Parcel No. 2 as shown on the attached Exhibit "Aft, the area described as Parcel No. I shall be used for access to Parcel No. 2 and to the adjacent primary parking license area by -the occupants, customers, employees and business invitees of Edwards. 2. For so long as the theatre building to be constructed by Edwards continues to exist on Parcel No. 2 as shown on the attached Exhibit "Alt,, that parcel of real property located at the southeast corner of Newport Center Drive East and Sari. Miguel Drive, known as the primary parking license area, as shown on the attached Exhibit "A". or such other alternate site designated by the parties pursuant to lease dated June 7, 1967, and approved by City, will be maintained as a parking area for the use of the occupants, customers, employees and business invitees of Edwards. 3. That any change in the access or parking provisions of the ground lease executed by and between Irvine and Edwards on June 7, 1967, and recorded in the office of the County Recorder of the County of Orange will be subject to the approval of the City of Newport Beach. 4. This agreement shall run with the real property described in Exhibit "A" attached hereto, and shall bind the heirs, successors and assigns of the parties hereto and it shall be recorded in the office of the County Recorder of Orange County. ATTEST',"' City' Clerk THE 1, CONWFA� Y Go Y C, Vico, Prt ', n 4tv % By 3 S ecrela-4y S E A CITY F NEWPORT BEACH Vl By iJ U U "m i Mayor 4u 0 S A N booKS837 rAuE207. Misom PARGEE-L) I PARCEL 2 - IG XISTi IL rE-XISTiNG BUILDING L7 Y4 411 LEASE LINE ,j t Sketch to accompany legal description EXHIBIT A Page 1 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On DEC 23 -800K8837 FA612og 1968, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Frank S.Hughes , known to me to be the Vice President and R. S. Hetzel , known to me to be the Assistant Secretary of the 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 its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. q,,,,qq ggA,n,qA,AA„qq„ �giAgiqAnAn� g P`qo A OFFICIAL. SEAL. rr' s� b CAROLE J. ZIMER MAN NOTARY PUBLIC • CALIFORNIA _ Notary Public/in O d for said PRINCIPAL OFFICE 4N Count and State F " ORANGE COUNTY Y MlMpN111A4iAtANIAAAIAINI..........Min,nggglltqqMql+IqP,qi,xgglgM,epgq,gnmxig4Nq,11nAqq...... STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On December 31 CAROLE J. ZIMERMAN My Commission Expires April 4, 1970 , 1968, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Doreen Marshall Mayor of the City of Newport Beach, and Laura Lagios , City Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. LaI..,my hand and- offi�sal seal. r N 1)�R�?Tli L. PALEN NOTARY t�jB[u„ • CALIIQRNIA IN OWjGr. COUCdTi' ...................... _... ....... _.... ............ ..... -,.-,,., Notary Publ-f in and for sE County and State *y Com M- 1sSlon E,c irc�s . r, RESOLUTION N0. 6 91 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE IRVINE COMPANY REGARDING OFF -SITE PARKING IN CONNECTION WITH USE PERMIT 1347 WHEREAS, Irvine is the owner and developer of that certain real property in the City of Newport Beach located at the southeast corner of Newport Center Drive East and San Miguel Drive, in the City of Newport Beach, more particularly known as a portion of Block 93, Irvine's Subdivision; and WHEREAS, Edward's Theatres Circuit, Inc. is leasing from the Irvine Company that certain real property described as Parcel 1 and Parcel 2 as shown on the sketch to accompany legal description attached hereto as Exhibit "A "; and WHEREAS, Edward's Theatres Circuit, Inc., under the terms of Use Permit 1347, is constructing a theatre with a seating capacity of 1200 persons with a requirement of 240 parking spaces to be provided; and WHEREAS, the required number of on -site parking spaces as set forth in the provisions of the zoning ordinance and the terms of approval of Use Permit 1347, are not available on site to the Edward's Theatres Circuit, Inc.; and WHEREAS, the Newport Beach Municipal Code allows off- street parking to be provided on a site other than the building site on condition that an agreement between the property owner and the City is executed and recorded setting forth that the off - street parking shall be provided and maintained as a designated parcel of land for the duration of the proposed use or uses on the building site or sites; and WHEREAS, an agreement has been prepared under which it is agreed that Irvine Company, as owner of certain property being leased to Edward's Theatres Circuit, Inc., will provide parking spaces for the use of the occupants, customers, employees and business invitees of Edward's Theatres Circuit, Inc. for so long as the theatre building to be constructed continues to exist; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said agreement and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the 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 23rd day of December , 1968. ATTEST: i y Clerk -2- �.� t .► o 1 11 1. �►1 TLW:ajr 12/11/68 W U ' O Q I 15' - 5' — - -- Q _ _G Lv -- - 41 G& F< 18' 'Q Mh.h h N . PAR O I 9, r -- PARCEL 2 -- –_ —_ EXISTING BUILDING - – LEASE LINE_ � G P 0 L1` ----------- Sketch to accompany legal description EXHIBIT "A" Page gam_ till(. 9 Q1`av E� r fat 9'AO 016,5 � 14 �7 1� J� ly W ti.. tJ M �t �1 Ni 1, , L.-� A a � Q .y N � , ,o•` 05v S3a. �W 0 s \P2 ` 92� / / gE ,9 °3�� o �e q 4 csy FA�L52A6 cQo ns� W �. F0a �QbO 4Ep0 tp �3 U j d. O � Z 2 51D•Dt5 � FA . tR. 0009 tADO. 0,4 bDt5 to �0 2 4fAG 0. �ep0 s �so. aO S `r? 2 czc, 01 EXHIBIT "A" Pam Y a \ 0 � � J. WYLIE CARLY LE U NTY O F pLC COUNTY RECORDER G1, CIL TELEPHONE: 83{ 2800 AREA C06E 714 I -10 FLANGE �J -1 HALL OF RECORDS 212 WEST EIGHTH STREET P. O. BOX 238 SANTA ANA. CALIFORNIA 9270: OFFICE OF THE CO Y, RE `ER Laura Lagios - City Clerk 3300 Newport Blvd. LNEWPORT BEACH, Calif. 92660 December 27, 1968 We are returning UNRECORDED AGREEMENT - CITY & IRVINE Cash together with your remittance of $NONE Check I.O. for the reason indicated below.. Voucher Check or voucher not signed. Name (s) of omitted in Property not located in Orange County. Forward document to Recorder, County, , California. Not signed XXX Not acknowledged by the Irvine Company and by the City of Newport Beach. om County and /or State omitted in venue of certificate of acknowledgment. Signature and /or seal of notary public omitted. Insufficient recording fee. Statutory charge is $2.00 for first page (82 x 14 ") and 80¢ for each additional page. CORRECT FEE FOR RECORDING THE DOCUMENT (S) WILL BE $ Please send proper amount to avoid the necessity of making a refund. NOTICE: SHOW NAME AND ADDRESS ON EACH DOCUMENT FOR RETURN BY MAIL J. Wylie Carlyle, County Recorder � Ltic L c Fes( c Peputy Sherrill A. Garcia Ate, 1968 r Mr. J. Wylis i'�ar2yle .. :... P. 0. Bon 236 Santa Ana, Califon" 42702 Dear Mr. Carlyle: Attached for reoordatiot in the e3aecuted orl&a1 agreement between the City of Newport Beach and Ma 1yP1i41sjia, ftmpNW, regarding Edward's 1lteatres Circuit. Inc., o� parking. Said agiowent was autmtasd by the City Qmo3' . of the City of Newport Beach on December 23, 1968 by the adoptic n of Resolution No. 6914. {lery truly yowl Iet City City of Newport Beach LL:ih Eno. BCC: City Manager Planning Director Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Mr. Carlylei Attached for recordation is the executed orioxAl aVV=*Mt between the City of Newport Beach and the Irdro-Ompany regarding Edward's Theatres Circuit, Inc., off-site ;alng- Please note acknowledgment by the City of Newport Beach and The Irvine Company on last page. Said agreement was authorized by the City Council of the City of Newport Beach on December 23, 1968 by the adoption of Resolution No.'6914. Ildh Encl. Very truly yours P Laura lagios City Mark City of Newport Beach '7/ 0 December 31, 1968 Mr. ft w* S. Hughes Vice President The Irvine Company Irvine, California 92664 Dear Mr. Hughes, I am returning the agreement between the City of Newport Beach and She Irvine Company in connection with off -site parking for the Edwards Theatres Circuit, Inc. Please have the attached acknowledgment notarized and return the agreament and adaiwledg- ment to me for recordation with the County Recorder. Very truly your", Laura Lagios City Clerk City of Newport Beacom LLsih Enc. (2) c U 5� LIFORNIA C_1.24 ma aty Rau 8800 Newport BIv4 (714) 078 -2110 December 31, 1968 Mr. Frank S. Hughes Vice President ,A 21969 The Irvine Company Irvine, California 9 64 �iHE IRVINE 10� �." �O�i pEyELOP«1Fgf. Dear Mr. Hughes: I am returning the agreement between the City of Newport Beach and The Irvine Company in connection with off -site parking.for the Edwards Theatres Circuit, Inc. Please have the attached acknowledgment notarized and return the agreement and acknowledg- ment to me for recordation with the County Recorder: Very truly yours, Laura Lagios City Clerk .. City of Newport Beach LL:ih Enc. (2) t y CITY OF NEWPORT BEACH CITY ATTORNEY 1 a U y DEFARTMENT December 13, 1968 To: City Clerk From: City Attorney Subject: Off -site Parking Agreement - Edwards Cinema Use Permit 1347 Forwarded is a resolution which, if adopted by the City Council, will authorize the execution of an agreement with the Irvine Company to provide off -site parking for the Edwards Cinema Theatre. The original of this agreement has l been signed by all parties but not dated. Upon Council a� approval, please fill in the date and have e t i yrdu&. It is requested that this matter be placed on the agenda for the Council Meeting of December 23,. 1968. Tully R. Seymour City Attorney By. TLW:a''r Attachments cc - City Manager Planning Department Assistant City Attorney CITY OF NEWPORT BEACH December 23, 1968 TO: City Council FROM: Planning Department SUBJECT: Off -site Parking Agreement Edwards Cinema - Use Permit No. 1347 Backoround On March 21, 1968, the Planning Commission approved Resubdivision Application No. 251 creating two parcels of land in Block 300 of the Newport Center General Development Plan. The parcels were created to provide lease lot lines for the Edwards Theatre (Par- cel 2) and a parcel to be used for access to the Edwards Theatre (Parcel 1). Also on March 21, 1968, the Planning Commission approved Use Permit No. 1347 for the construction of a theatre in the C- O -H -UL District. Condition of Approval No. 2 of said use permit requires that an off -site parking agreement of the Irvine Company and Ed- wards Theatre Circuit, Inc. be submitted for approval. Request Use Permit No. 1347 approved a theatre with a seating capacity of 1200 persons. Section 20.38.030 of the Newport Beach Municipal Code stipulates that the off - street parking requirement for theatres be one parking space for each five.seats, or a total of 240 parking spaces for this theatre. Section 20.38.040 of the Newport Beach Municipal Code allows off - street parking to be provided on a site other than the building site on condition that an agreement between the property owner and the City is executed and recorded, subject to City Council approval. The terms of the agreement are as follow: 1. For so long as the theatre building to be constructed by Edwards continues to exist on Parcel No. 2, the area described as Parcel No. 1 shall be used for access to Parcel No. 2 and to the adjacent primary parking license area by the occupants, customers, employees and business invitees of Edwards. ik TO: City Council 2. For so long as the theatre building to be con- structed by Edwards continues to exist on Parcel No. 2, that parcel of real property located at the southeast corner of Newport Center Drive East and San Miguel Drive, known as the primary parking license area, as shown on the attached Exhibit "A ", or such other alternate site desig- nated by the parties pursuant to lease dated June 7, 1967, and approved by City, will be maintained as a parking area for the use of the occupants, customers, employees and business in- vitees of Edwards. 3. That any change in the access or parking provisions of the ground lease executed by and between Irvine and Edwards on June 7, 1967, and recorded in the office of the County Recorder of the County of Orange will be subject to the approval of the City of Newport Beach. This agreement shall run with the real property described in Exhibit "A" attached hereto, and shall bind the heirs, successors and assigns of the parties hereto acid it shall be recorded in the office of the County Recorder of Orange County. Recommendation It is recommended that the City Council approve the attached resolution authorizing the execution of an agreement with the Irvine Company regarding off -site parking in connection with Use Permit No. 1347. R pectfully bmitted, i1v DAREN A. G TH, Acting Pla ing Director DAG /kk Attachments: Parcel Map Parking Area Map 1. I Q S L./ O� MSG U F< 18' / PAR I PARCEL 2 EXISTING OUR. DING r LEASE LINE t— -- _- -•- "------ = - - - -- FM71 I. 1..' -L ti.. 01 -ter 'D N I -1 4 Sketch to accompany legal.description EXHIBIT "A" Page - -- W - -j -- Ld U QP-.: R -- I Q S L./ O� MSG U F< 18' / PAR I PARCEL 2 EXISTING OUR. DING r LEASE LINE t— -- _- -•- "------ = - - - -- FM71 I. 1..' -L ti.. 01 -ter 'D N I -1 4 Sketch to accompany legal.description EXHIBIT "A" Page of I EQy CD -a- i, . - - 9V 50 INA hod JP, tA_ dQ�Pjt� \ too. Oq t)� 01,AP9, �jq;r 0 cb I I/vl SI 4 all . v PAO too 001 0 sa Ye Opp 4fAc. , L-5. • I'd cze < 1CP 6 4� STATE OF CALIFORNIA s. COUNTY OF ORANGE n 1968, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Frank S.Hughes , )mown to me to be the Vice President and R. S. Hetzel , known to >re to be the Assistant Secretary of the 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 its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and for sai County and State STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On December 31 , 1968, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Doreen Marshall , Mayor of the City of Newport Beach, and Laura Lagios , City Clerk of the City of Newport Beach, known to Ina to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. _ 7 y- TiWd' and- -offi---i4l seal. f _ ) DOROTHY L. PALEN NOTARY P�; Ii, � CALIFORNIA i i ORw7Gt COUCTIY ! al�J�•O'LO't -EGG /� and State My Commission Expires Fcb. 9, 1769