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Home My WebLink AboutC-1331 - Parking agreement TR 6947 for Park Newport ApartmentsDATE Damber 28, 1990 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C-1331 Description of Contract Fnn Pw* Nabgx& Apax , ODU Authorized by Resolution No. X43 , adopted on n„,o., qty ion Effective date of Contract ZOOMber 23, 1970 Contract with IrWne Compw ARw* MrAy= Ltd Address Amount of Contract 0 Decerrber 26, 1970 Park Newport Ltd. 900 San Joaquin Hills Road Newport Beach, CA 92660 The Irvine Company 550 !k'wport Center Drive Newport Reach, CA 92660 40 Subject: Parkins Agreement for Tract 6947 Enclosed are two duly executed copies of subject agreement between the City, The Irvine Company and Park Newport Ltd. to provide parking spaces required in connection with the development of an apartment project. The City Council authorized said agreement on Deoember 21, 1970 by the adop -tion of Resolution No. 7343. Laura Lagios City Clerk LL: -,wk enc. cc: City Attorney Planning Dept. i .CITY CLERK, PARKING AGREEMENT ORIGINAL' 6' -/ 33 THIS PARKING AGREEMENT is made on DEC 2 3 1910 1970, between the CITY OF NEWPORT BEACH, a municipal corporation . (the "City "), THE IRVINE COMPANY, a West Virginia corporation ( "Irvine "), and PARK NEWPORT LTD., a California Limited Partner- ship ( "Park Newport "). PREAMBLE: A. Irvine is the owner of certain real property located in the City of Newport Beach, County of Orange, State of California, known as a portion of Blocks 55 and 56 of Irvine Subdivision, as shown on a Map recorded in Book 1, page 88 of Miscellaneous Record Maps, Records of Orange County, California, and as described in Exhibit "A" which is attached and incor- porated herein by this reference (the "Subject Property "). B. Park Newport is the Lessee of the Subject Property under an Agreement with Irvine dated July 28, 1969. C.. The zoning of the Subject Property is unclassi- fied; however, the Subject Property is being developed by Park Newport with an Apartment project pursuant to a Use Permit. approved by City on December 5, 1969. Said Use Permit requires parking spaces at a ratio of 1.71 spaces per dwelling unit. IN CONSIDERATION of the approval by the City of the construction and use of improvements on the Subject Property through the approval of Tentative Map of Tract 6947 and in con- sideration of the mutual agreements contained herein, the parties agree as follows: 1. Maintenance of Parking Space Ratio. For so long as the buildings to be constructed by Park Newport are main- tained on the Subject Property, there will be no reduction in the presently planned ratio of parking spaces to dwelling units. 2. Right to Reciprocal Use. For so long as the buildings to be constructed by Park Newport are maintained on the Subject Property, all owners and lessees of lots within the Subject Property shall have reciprocal rights for access to and for use of parking spaces on the Subject Property; such rights shall be for the use and benefit of occupants of dwelling units on the Subject Property, their guests and invitees, and customers, sublessees, employees, guests, and business invitees of owners and lessees of lots within the Subject Property. 3. Standards to Remain Unchanged. At no time will the City impose a requirement on Irvine or Park Newport to provide more parking spaces for the buildings to be constructed by Park Newport than as presently required. 4. No Dedication. Nothing in this Agreement shall be deemed to constitute a gift or dedication of any portion of the Subject Property, or any rights therein to the City, to the general public, or for any public purpose. 5. Binding. This Agreement shall bind and run with the Subject Property; it shall bind the parties hereto and all of their successors -in- interest, and shall be recorded in the Office of the County Recorder of Orange County, California. -2- 6. Miscellaneous. This Agreement shall be con- strued according to its fair meaning and as if prepared by aI1 parties. The paragraph headings used in this Agreement are for convenience only and shall not be referred to for purposes of construction. This Agreement has been executed to become effec- tive on the. date first written above. CITY OF�NEWPORT BEACH / By (� . E.F. Hirth, Mayor By Cit1 Clerk ECG THE IRV NE COM Y CID O' By VICE PRE BY ASSISTANT SECRETARY PARK NEWPORT LTD. A California Limited Partnership BY: BAKAR NEWPORT AS40CIATES General Part e' By Gerson a ar -3- Is L� STATE OF CALIFORNIA ) CITY AND COUNTY OF ) ss. SAN FRANCISCO ft On this day of , 1970, before me, WINSTON C. BLACK, personally appeared GERSON BAKAR, known personally to me to be a General Partner in BAKAR NEWPORT ASSOCIATES, which is a General Partner in PARK NEWPORT LTD., which is a California Limited Partnership, and that he, as such General Partner, being authorized to do so, executed the foregoing instrument for the purposes therein set forth, by signing the name of the Partnership as such Partner. IN WITNESS WHEREOF I have hereunto set my hand and official seal. „! ViINSTON C. BLACK j NOTARY PUBLIC-CALIFORNIA ? CITY AND COUNTY OF SAN FRANCISCO My Commission Expires Feb. 10, 1974 Notary Public r ttEC:ril 11/17/70 :1 PARK NEWPORT APARTMENT SITE, That portion of Blocks 55 and 56, Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of Calif- ornia, as per man filed in Book 1, page 88, Miscellaneous Record Maps in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the centerline of Jamboree Road with the center line of San Joaquin Hills Road as shown on a map of Tract No. 6015, Recorded in Book 239, pages 28 through 41, inclusive, of Miscellaneous Maps, Records of said County, said center line of Jamboree Road being a curve, concave Northwesterly, having a radius of 6016.00 feet, a radial to said point bears South 50" 28' 41" East; thence North 62' 09' 29" West 121.39 feet to the beginning of a curve concave Southerly having a radius of 700.00 feet; thence Westerly 724.71 feet along said curve through an angle of 59' 19' 05" to the beginning of a reverse curve concave Northerly having a radius of 780.00 feet; thence Westerly 522.05 feet along said curve through an angle of 38' 20' 53" to the beginning of a compound curve concave Northerly having a radius of 826.00 feet; thence Westerly 77.80 feet along said curve through an angle of 5' 23' 47 "; thence non - tangent North 12 16' 06' East 211.50 feet along a radial to said curve; thence North 24' 50' 12" West 116.61 feet; thence North 12' 27' 46" East 510.16 feet; thence North 3' 01' 34" East 415.04 feet; thence North 36" 19' 07" West 362.34 feet; thence North 4' 44' 22" West 261.09 feet; thence North 66" 11' 48" East 31.89 feet; thence South 88" 47' 12" East 62.00 feet; thence North 47' 04' 48" East 100.00 feet; thence North 85" 59' 48" Last 66.00 feet; thence South 47' 52' 12" East 273.00 feet; thence South 77 20' 12" East 118.00 feet; thence North 74" 14' 48" East 414.01 feet; thence South 76" 08' 12" East 93.00 feet; thence South 49" 45' 12" East 102.00 feet; thence South 18" 53' 12" East 276.01 feet; thence South 47" 05' 12" East 230.01 feet; thence South 24' 52' 12" East 209.01 feet; thence South 42' 00' 12" East 238.01 feet; thence South 58" 45' 12" East 151.00 feet; thence South 5' 02' 12" East 13.5.00 feet; thence South 29' 25' 12" East 88.71 feet to a point on the Northwesterly right of way of said Jamboree Road, said point being on a curve EXHIBIT "A" y " r ,A 0 a Northeasterly having, a radius of 59510.00 fact, a radial to said point bears South 56" 27' '34" I:asL; thence South 56" 27' 34" Bast 66.00 feet Co a point hi the center line of said Jamboree Road, said noi.nt briny', on a curve con- cave Northwesterly having,, a rad.i.uS Of 601.0.00 feet, a radial. Co sa[(I point hears South 56" 27' 14" I'; +.1st; Chcncc Southwesterly 628.04 feel along said curve and center tine to the point of bcgIIIII TIg. s ff y STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On DEC '1 1970 , 1970, before me, the undersigned, a Notary Public in and for said State, per- sonally appeared nf.BERTJ.AUER , known to me to be the vne President, and R S HErm known to me to be the ASSISTANT Secretary, respectively, of THE IRVINE COMPANY, a corporation, known to me to be the persons who executed the within instru- ment on behalf of the corporation therein named, and acknow- ledged to me that such corporation executed the within instru- ment pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. t MARY P. WOOD .....� v ° t'`, a 3rr me Notary -Public in and for said t. 's of .3ldumia Q �mc.cai Officerri County and State . _ 6r•.< Caurry 3. i My Commission Expires March 3 19,3 .� 5 .................................... ............:... .I 1 1 -.i 7Z ft CITY OF NEWPORT BEACH wfU Office of By the CITY COUNCIL CITY ATTORNEY CITY LaR{ IJ0w'"RT NFACH To: The Honorable Mayor and Members of the City Council 113 December 16, 1970. From: City Attorney Subject: Parking Agreement, Park Newport Limited At their meeting of May 15, 1969, the Planning Commission recommended approval of the Tentative Map of Tract 6947, subject to the condition that off - street parking agreements between the developer, the property owner and the City shall be provided. This is to insure the availability of adequate off - street parking spaces for each of the lots containing dwelling units. This office has reviewed the agreement and finds it to be satisfactory. The agreement has been executed by The Irvine Company as owner of the property and the developer, Gerson Bakar. Adoption of the resolution would authorize the Mayor to sign the agreement on behalf of the City. TULLY H. SEYMOUR City Attorney By: AaIA;7 f ITei'iriis O'Neil — Assistant City Attorney DO'N:adw ftC%LUTI1: >`7 3 43 A MRIGUITICK fly T8Z C TY C(AMCIL Of TUB CITY A PAWIM AGR$NOT ZMWW THE CI'XY OF NMN*RT B MMO THE IRVISS 19WANY AND PARK. NSWPOMi LTD., IN Cx3MECTION WITH T11M DZVELC)PlMn OF M WM.Rk 4 there has beF�n presented to the Cites Council of thq dity of Newport Beach a certain agreement between the City Ot -';"eW art Zes*h, The Irvine Company and task Newport, Ltd.@ to provide parkins spaces required in connscti0n with Via development of as apartment projects and WHZ:M", the City Council has eo=idered the terms em3 conditions of said parking agreament and found them to be "fair an4 ernUtable6 14 Wo TWAWORZ, SN IT "SOLVED that said. perking agreement above descried is approved, and the Key= and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Dirt Beach. ADOPTED this 21st clay of 22SS b@:', 11M. ATTEST s City Cleric Mayor THS s adw 12/11/70 /0L/7 A