HomeMy WebLinkAboutC-1212 - Reciprocal parking agreement in connection with Wu-Ben's & Islander Furniture4 i
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LAURA Lr G1�5, CITY
CITY OF NEWPO'P,T S:ACJi
3.300 NEWPORT BOULEVARD
NEWPORT BEACH, CALIF, 92660 NO jAX UU E
A G R E E M E N T
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THIS AGREEMENT, made and entered into this -24th day of
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3arkasrv' 1969, between the CITY OF NEWPORT BEACH, a
Municipal Corporation, (hereinafter called "City ") and THE IRVINE
COMPANY, a West Virginia Corporation, (hereinafter called "Irvine ")
RECITALS
1. Irvine is the sole owner of that certain real
property located southerly of East Coast Highway and westerly
of Bayside Drive in the City of Newport Beach, County of Orange,
State of California, known as Block 54,Irvine Subdivision, as is
more particularly depicted on the parcel map attached hereto
and marked Exhibit "A ".
2. On March 7, 1968, Irvine obtained approval for
resubdivision of Block 54, Irvine Subdivision, into three parcels
shown as Lot A, Lot B and Lot C on the parcel map attached hereto
and marked Exhibit "A ".
3. Islander Furniture Store (hereinafter called
"Islander ") is the lessee under agreement dated April 30, 1968,
from Irvine, of that certain real property described as Lot A
and shown on attached Exhibit "A"
4. Anderson and Anich (hereinafter called "Anderson ")
is the lessee under agreement dated September 21, 1967, from
Irvine of that certain real property described as Lot B and
shown on attached Exhibit "A ".
5. Lot A is presently zoned C -1 -H and is to be
occupied by Islander for a furniture store. Section 20.38.030
of the Newport Beach Municipal Code requires on -site parking for
thirty (30) vehicles based on its contemplated use as a furniture
store.
RECORDED AT REQUEST OF
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My OF NEWPopt BEAON
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ORANCB COUNTY, CALIF.
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>ly `iiC J. WYLIE CARLYLE, County Rom*
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6. Lot B is presently zoned C -1 -H and is to be
developed and occupied as a combination office building and
restaurant. Section 20.38.030 of the Newport Beach Municipal
Code requires on -site parking for fifty (50) vehicles based
on its contemplated use as a combination office building and
restaurant.
7. The total combined parking spaces presently
existing on Lot A and Lot B is Seventy (70).
8. An agreement has been entered into by and between
Irvine, as lessor, and Islander, as lessee, of Lot A and
Anderson, as lessee, of Lot B, whereby Irvine will provide
reciprocal on -site parking for the occupants, customers, employees
and business invitees of both Lot A and Lot B as a term of the
Amendments to ground leases between the parties dated
November 21 , 1968, attached hereto marked Exhibit "B -1 ",
and November 21 , 1968, attached hereto marked Exhibit
"B -2 ". This agreement further provides that access to each
parcel from the other parcel has been given to all persons
through a grant of cross easements by the lessees.
9. The Planning Commission of the City of Newport
Beach on May 16, 1968, granted Variance No. 941 to Irvine,
whereby the number of Code required parking spaces was reduced
from eighty (80) to seventy (70), provided that upon any change
of occupancy of the Islander's Furniture Store, such change
shall first be approved by the City Planning Commission as to
satisfying parking requirements.
NOW, THEREFORE, in consideration of the approval by
City of Irvine's intended construction and use of and improve-
ments upon the Irvine property through the granting of
Variance No. 941, and in consideration of the above premises,
the parties hereto agree as follows:
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1. For so
Block 54 of Irvine's
attached Exhibit "A"
Store, there will be
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long a ;ythe building located on Lot A of
Subdivision, more.particularly shown on
is occupied be Islander Furniture
no reduction in the presently existing
seventy (70) parking spaces located on Lots A and B.
2. For so long as the__building located on Lot A is
occupied by Islander Furnitu;,R Store, the seventy (70) parking
spaces located on Lots A and B may be used on a reciprocal
basis by the occupants, customers, employees and business
invitees of the owners and lessees of Lot A and Lot B.
3. Prior to any change of occupancy of the building
on Lot A, Irvine will obtain approval from the Planning Commission
of the City of Newport Beach as to satisfying the parking
requirements of City for the combined parcels. At no time
will City impose a requirement upon Irvine to provide more
spaces for the two lots, A and B, than are at that time set
forth in the Newport Beach Municipal Code, or more than seventy
(70) spaces, whichever is, greater.
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.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement as of the day and year first above written.
ATTEST:
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CITY �OF NEWPORT BEACF
By 1k
Mayor
CITY
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By
By
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(Corporation)
STATE OF CALIFORNIA
COUNTY OF Orange } ss.
BOOK 8993 ,a 788 Q
On before me, the undersigned, a Notary Public in and for said
State, personally appeared n iuei L J . nuci
known to me to be the Vice — President, and R. S. He tZe l ,
known to me to be Assistant Secretary of the
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.
Name (Typed or Printed)
corporation that executed the within Instrument,
�SHIRLEY
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" A JEN UNS
NOTARY CALIFORNIA
PR NCI AL OFFICE IN
ORANGE COUNTY
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SHIRLEY A. JENKINS
My Commission Expires July 21, 1929.
(This area for otlle1a1 notarial sear
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June 16, 1969
TO: CITY.CLERK
FROM: Public Works Department
SUBJECT: ON SITE PARKING AND INGRESS - EGRESS EASEMENT FOR WU -BEN'S AND THE ISLANDS
(Resub 249)
Please have the agreement between The Irvine Company and the City
dated February 10, 1969 covering the subject items recorded. Re-
cording V is available so, ..
that we may aupdate our atlas maps office when it
If there are any questions, please contact me.
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Hunter T. Cook
Subdivision Engineer
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June 17, 1969
Mr. J. Wylie Carlyle
amty Recorder
P. 0. BOX 238
Santa Ana, California 92702
Dear Mr. Carlyle:
Attached for r000rdation is the executed original agreement
between the City of Newport Beach and The Irvine Cropany,
regarding cn site parking and ingress-egress easement for
Wu-Ben's and The Islander.
Said agreement was authorized by the City Council of the City
of Newport Beach an February 10, 1969.
Very truly yours*
Laura Lagios
City Clark
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Encl.
cc: Public Works Dept.
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November
..9-13-68
AMENDMENT NO. 1 TO LEASE
THIS AMENDMENT NO. 1 TO LEASE made as of this 21st day of
1968, by and between THE IRVINE COMPANY, a West
Virginia corporation, hereinafter "Lessor ", and HAROLD E. CHRISTLER
and JULIA R. CHRISTLER, dba The Islanders, hereinafter collectively
referred to as "Lessee ".
RECITALS
1. The parties hereto are respectively Lessor and Lessee
under that certain Lease dated April 30, 1968, wherein Lessor leased
to Lessee certain real property situated in the County of Orange,
State of California, more particularly described in Exhibit "A"
and delineated on Exhibit "B" attached to said Lease. A Short Form
Memorandum of said Lease was recorded August 15, 1968 in Book 8692
Page 820 of Official Records of Orange County.
2. Paragraph 7 of said Lease provides for a reservation to
Lessor, its successors and assigns, of the right to use all areas
designated as ingress, egress and parking areas on the leased premises,
and provides that Lessee shall be granted parking, ingress and egress
rights over the lot to the North of the leased premises in the event
that Lessor assigns its reserved rights of parking, ingress and egress
over the leased.premises.
3. Lessor intends to assign its reserved parking, ingress and
egress rights over the leased premises to said lot to the North of the
leased premises, and the parties hereto desire to provide for a grant
to Lessee of reciprocal parking, ingress and egress rights over said
lot, and to designate the areas of the leased premises and of said lot
to the North thereof subject to reciprocal rights of parking, ingress
and egress.
EXHIBIT "B -1 ", page 1
0 0
W I T N E S S E T H:
1. The first subparagraph of Paragraph 7 of said Lease is
hereby deleted and the following is substituted in lieu thereof:
"7. Lessor hereby reserves to itself, its successors
and assigns, the right to use all areas designated as
ingress, egress and parking areas on the leased premises.
Lessee shall construct no physical barrier which would
impede traffic between the leased premises and the adja-
cent lot to the North thereof. Lessor hereby grants
to Lessee certain rights of parking, ingress and egress
over said adjacent lot to the North of the leased pre-
mises. The areas of ingress and egress over the leased
premises reserved to Lessor and granted to Lessee over
the lot North of and adjacent to the leased premises are
delineated on the plat entitled "Ingress and Egress
Easement" marked Exhibit "C" attached hereto and made a
part hereof. The parking areas on the leased premises and
on said lot North of and adjacent to the leased premises
are depicted on the plat entitled "Site and Parking Plan"
marked Exhibit "D" attached hereto and made a part hereof."
2. Except as herein amended, all the terms and conditions of
the aforesaid Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment No. 1 to Lease as of the day and year first above written.
THE IRVINE COMPANY
By /s/ Albert J. Auer.
Vice President
By /s/ R. S. Hetzel
Assistant Secretary
"Lessor"
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/s/ Harold E. Christler
HAROLD E. CHRISTLER
/s/ Julia R. Christler
JULIA R. CHRISTLER
"Lessee"
EXHIBIT "B -1 ", page 2
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AMENDMENT NO. 3 TO LEASE
THIS AMENDMENT NO. 3 TO LEASE made as of this 21st _day of
November , 1968, by and between THE IRVINE COMPANY, a West
Virginia corporation, hereinafter "Lessor ", and DONALD P. ANDERSON
and MARCO P. ANICH, as tenants in common, hereinafter collectively
"Lessee ".
RECITALS
1. The parties hereto are respectively Lessor and Lessee
under that certain Lease dated September 21, 1967, wherein Lessor
leased to Lessee and to FAR WEST SERVICES, INC., as tenants in common,
certain real property situated in the County of Orange, State of
California, more particularly described in Exhibit "A" and delineated
on Exhibit "B" attached to said Lease. Said Lease was amended by an
Amendment No. 1 thereto dated March 14, 1968, and the interest of Far
West Services, Inc., in said Lease as amended was assigned to Lessee
by an Assignment dated March 22, 1968. Said Lease was further amended
by an Amendment No. 2 thereto dated September 1, 1968.
2. Paragraph 8 of said Lease as amended reserves to Lessor,
its successors and assigns, the right to use all areas designated as
ingress, egress and parking areas on the leased premises, and, subject
to the terms and conditions set forth in said Paragraph 8, grants to
Lessee certain rights of parking, ingress and egress as to the lot
South of and adjacent to the leased premises. The terms and condi-
tions of said Paragraph 8 having been satisfied, and the areas granted
and reserved having been designated, the parties hereto desire to fur-
ther amend this Lease as hereinafter provided.
EXHIBIT "B -2 ", page 1
0
W I T N E S S E T H:
•
1. Paragraph 8 of said Lease as amended is hereby deleted
and the following is substituted in lieu thereof:
"8. Parking: Lessor hereby reserves to itself,
its successors and assigns, the right to use all areas
designated as ingress, egress and parking areas on the
leased premises. Lessee shall construct no physical
barricade which would impede traffic between the lots
adjacent to the leased premises to the North and South
thereof. Lessor hereby grants to Lessee Lessor's rights
of parking, ingress and egress over to the lot South of
and adjacent to the leased premises. The areas of
ingress and egress over the leased premises reserved
to Lessor and granted to Lessee over the lot South of
and adjacent to the leased premises are delineated on
the plat entitled "Ingress and Egress Easement" marked
Exhibit "C" attached hereto and made a part hereof. The
parking areas on the leased premises and on said lot
South of and adjacent to the leased premises are depicted
on the plat entitled "Site and Parking Plan" marked
Exhibit "D" attached hereto and made a part hereof."
2. Except as herein and heretofore amended, all the terms and
conditions of the aforesaid Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment No. 3 to Lease as of the day and year first above written.
THE IRVINE COMPANY
By /sl Albert J. Auer
Vice President
By /s/ R. S. Hetzel
Assistant Secretary
/s/ Donald D. Anderson
DONALD P. ANDERSON
/s/ Marco P. Anich
MARCO P. ANICH
"Lessor" "Lessee"
-2- EXHIBIT "B -2 ", page 2
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CITY OF NEWPORT
CITY ATTORNEY
DEPARTMENT
To: The Honorable Mayor and
Members of the City Council
From: City Attorney
Subject: Parking Agreement - Irvine Company
;E:
February 6, 1969
In March, 1968, the Irvine Company obtained approval for a re-
subdivision to adjust property lines of three parcels located at
the southwest corner of Pacific Coast Highway and Bayside Drive.
The three parcels were to be occupied by a Standard Oil Company
service station, Wu Bens and the Islander furniture store.
On May 16, 1968, the Planning Commission granted Variance No. 941
to the Irvine Company approving a reduction in the on -site parking
requirements for the two parcels occupied by Wu Bens and the
Islander. The Code requires 80 spaces but the variance approved
development with 70.
The primary motivation for this reduction in number was that the
30 spaces required of the furniture store were deemed to be far
in excess of that which was practical. In turn, the restaurant
really needed a number of spaces greater than that required by
the Code. Therefore, an agreement has been reached between the
City and the Irvine Company that as long as the two parcels
continue to be occupied by Wu Bens and the Islander, 70 spaces
will continue to exist. In the event the Islander building
has a change in occupancy, the Irvine Company must first obtain
approval from the City. At such time it may be necessary to
require some additional spaces.
The agreement has been executed by the Irvine Company and the
action on the Agenda today would be to authorize the Mayor to
sign the agreement on behalf of the City.
Tully H. Seymour
Citizz
By
T omas L. Woodrutt
TLW:ajr Assistant City Attorney
QC - City Manager
Planning Director
City Clerk