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HomeMy WebLinkAboutC-1337 - Beach Ball Bar & Restaurant offsite parking agreementCITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Ngwport Blvd. Area Cc4e 714 673 -2110. DATE Mummy 26, 1972 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C-1337 (amwvled) Description of Contract Amelldad Off-Site Parking AgrRo m at Authorized by Resolution No. 7599 , adopted on 1 -1U -77 Effective date of Contract Januaty 26, 1972 Contract with L• �' Address 2116 West Ocam FYnnt Beach, CA Amount of Contract _ 0 RECORDING DEQUESTED 6Y CF, CLERK NEV&OLT LEAC11, CALIF. 92 6479 O R I G I N A L flE5 AMENDED OFF-SITE PARKING AGREEMENT . " 9994 iDt-u 181 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:01, A.M. FEB 8 1912 J. WYL�E CARLYLE, County Recorder THIS AGREEMENT made and entered into this day of ,j, , . w, ,2 1 1972, between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter called "City") and GEORGE 'DT?(1 TT 2,T.0 WHEREAS, on January 27, 1971, the City of Newport Beach entered into a parking agreement with George L. Rager, owner of the restaurant -bar, the "Beach Ball" located at 2116 West Ocean Front, providing that 20 off-site parking spaces on property leased by George L. Rager located at 2000 West Balboa Boulevard would be .improved and maintained for the exclusive use of the customers and business invitees of the "Beach Ball and WHEREAS, on September 2, 1971, the Newport Beach Planning Commission approved a reduction of the required off-street parking for the "Beach Ball" restaurant and bar from 20 spaces to 11 spaces; �I WHEREAS, on October 12, 1971, the action of the Planning Commission in reducing the required number of off-street parking spaces was upheld by the Newport Beach City Council; and WHEREAS, based on the said respective actions of the Planning Commission and City Council, the parking agreement dated January 27, 1971 should be amended to reflect the reduction in the required off-street spaces needed for the "Beach Ball" restaurant and bar; NOW, THEREFORE, in consideration of the approval by the Planning Commission and the City Council of a reduction in the number of required parking spaces for the "Beach Ball" restaurant and bar, the parking agreement dated January 27, 1971 between the City and George L. Rager is hereby amended as follows: 1. For so long as the building located on the property at 2116 West Ocean Front is occupied by a restaurant and bar 9994 ?4ct 182 a seating capacity not to exceed 49 persons, 11 parking spaces will be provided on the lot located at 2000 West Balboa Boulevard for the exclusive use of the customers and business invitees of the bar and restaurant. 2. In the event the lease on the property located at 2000 West Balboa Boulevard should be terminated for any reason, George Lo Rager will immediately thereafter obtain additional off-site parking spaces satisfactory to and approved by the City in order to meet the code requirements existing at that time. If George Lo Rager is unable to obtain substitute parking for the restaurant and bar, he will close the establishment at 2116 West Ocean Front. 3, This agreement shall run with the real properties described above 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. -2- GEORGE L. RAGER CITY OF NEWPORT BEACH Mayor ATTEST: City Clerk DON dm 1/6/72 STATE OF CALIFORNIA ) ss County of 01Z14/ja67- T— On aA-A-)(JAR( li /%7 before me, the undersigned, a Notary Public in and for said,St te, personally appeared GEORGE L. RACER, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. r STATE OF CALIFORNIA ss Notaryublic in and or said S ate County of ) Onbefore me, the undersigned, a Notary Public in and for said State, personally appeared E. F. HIRTH, known to me to be the MAYOR, and LAURA LAGIOS, known to me to be the CITY CLERK of the municipal 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 a resolution of its City Council, WITNESS my hand and official seal. ...............................................I OR 0�0' Notary Puclhc State r` C;<:i,fornia F;inc�;�s; ,ttt��e In ilions'e? C"rwnty My Commission Expires Feb. 9, 3973..... n .................................................... Notary Pu clic in and for said State i# :�J� r.::T;�' J " . ... CGc � /��(.,4 it /ul / co 'C�l� l � �i_ �7 a JAN 101972 CITY OF NEWPORT BEACH By the CITY COUNCIL CITY f* "wwoelsx KACH Office of CITY ATTORNEY To: The Honorable Mayor and Members of the City Council From: City Attorney Subject: The Beach Ball Off -Site Parking Agreement Amendment N January 10, 1972 Use Permit No. 1460 allowing a bar and live entertainment in con- junction with the "Beach Ball" restaurant and bar located at 2116 West Ocean Front at McFaddin Square was approved by the Planning Commission on December 18, 1969 subject to the condition that the applicant provide 20 off -site parking spaces. The City Council subsequently approved an off -site parking agreement allowing the Beach Ball to provide its off -site parking at 2000 West Balboa Boulevard, the location of the beer bar "The Place." The Planning Commission at its meeting held on September 2, 1971, approved a reduction in the required off -site parking for the Beach Ball from 20 spaces to 11 spaces based on a reduction in the occupancy load of the Beach Ball and a credit allowance for the non - conforming status of the previous use of the building. The action of the Planning Commission was appealed to the City Council who at their meeting on October 12, 1971, upheld the ac- tion of the Planning Commission in permitting a reduction in the required off -site parking spaces from 20 to 11 spaces for the Beach Ball restaurant and bar. The parking reduction i n Adoption of the Mayor t half of the /04 agreement has accordingly been amended to provide for a the required off -site parking spaces for the Beach Ball. the resolution on this evening's agenda would authorize o execute the amended off -site parking agreement on be- City. 0 r D NNIS O'NEIL DON dm CC: City Clerk City Manager N N : February 25, 1972 George L. Pager Beach Ball Restaurant ; 3 2116 west Ocean Frcnt Newport Beach, CA 92660 Attached is a copy of the amended off -site parking agreement between the City of Newport Beach and you. !his agreement has been recorded in the offical records of Orange County on February 8, and the book and page nunbers are typed cn your copy. "his amended agreement was authorized by the City Cmncil by the adoption of Resolution No. 7599 on January 10, 1972. :else Lagios City Clerk LL:swk enc. rc: City Attorney _ -Book 9994, page 181. • • February 1, :972 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is an amended off -site parking agreement between the City of Newport Beach and Georre L. Rager, owner of the restaurant =bar called "?he Mach Ball." This agreement was authorized by Resolution No. 7599 adopted on January 10, 1972. After recordation,. -lease return tie agreement to my office. Laura Lagios City Clerk swk enc. cc: George L. Rager - A copy of the agreement with the recording informa- City Attorney r .,,ticn will be sent to you when it is received. . CITY CLERK February 11, 1971 CITY AT4ORNEY's omm, Attention: Dennis o'Neil CITY CLERK PARKING AGREEMEW FOR BEACH BALL BAR AND RESTAURANT C -1337 Attached are two copies of subject agreement. one is for your files and the other for transmittal to George L. Rager, owner of the Beach Ball bar and restaurant. The recording information is listed in the upper right hand corner of the agreement. Laura Lagios City Clerk LL:swk enc. 2 O• January 28, 1971 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is an alleewmt between the City of Newport Beach and George L. Rager for parking in connection with Use Permit No. 1460. he City Council of the City of Newport Beach authorized the agreement by the adoption of Resolution No. 7360 on January 25, 1971. Laura Lagios City Clerk LL:swk enc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 10 9532 rafZ9 _ �� � ������� ���. 1693 RECORDED AT REQUEST OF � IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIF. ., fr4=REED M JAN 29 1971 AGREEMENT J. WYLIE CARLYLE, County Recorder THIS AGREEMENT made and entered into this 7 7._l day of 12 , 1971, between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter called "City") and GEORGE L. RECITALS 1. George L. Rager proposes to operate a bar and restaurant business at 2116 West Ocean Front, Newport Beach, to be known as the Beach Ball. 2. George L. Rager proposes to operate the bar and restaurant with a seating capacity for 49 persons. 3. The Newport Beach Municipal Code will require a total of 14 parking spaces be provided on site to accommodate seating capacity of 49 persons, plus an additional 6 spaces for employees of the bar and restaurant for a total of 20 spaces. 4. There are presently no parking spaces existing on that parcel of property at 2116 West Ocean Front. 5. George L. Rager is the long term lessee of that I certain real property described as Block 162, Lots 6, 7, 8, 9, and 10, more commonly known as 2000 West Balboa Boulevard, Newport Beach. 6. There are presently 24 parking spaces existing on the property at 2000 West Balboa Boulevard as depicted on the attached diagram marked Exhibit "A". 7. The Planning Commission of the City of Newport Beach on December 18, 1969, approved the petition of George L. Rager to provide a seating capacity of 49 persons, whereby the number of code required on-site parking spaces was waived provided that George L. Rager obtain sufficient off-site parking spaces pursuant to agreement satisfactory to the City and approved by the City Council. NOW, THEREFORE, in consideration of the approval by City ac 9 10 11 12 13 14 15 16 17 M 19 20 21 22 23 24 25 26 27 28 29 30 31 32 a� a 9532 P46 07. of George L. Rager's intended use of the improvements on the property at 2116 West Ocean Front and in consideration of the above premises, the parties hereto agree as follows: 1. For so long as the building located on the property at 2116 West Ocean Front is occupied by the proposed bar and restaurant, 14 parking spaces will be provided on the lot located at 2000 West Balboa Boulevard for the exclusive use of the customers and business invitees of the bar and restaurant. In addition, 6 spaces will be set aside and marked for the use of the employees of the bar and restaurant, for a total of 20 spaces. 2. In the event the long term lease on the property located at 2000 West Balboa Boulevard should be terminated for any reason, George L. Rager will immediately thereafter obtain additional off-site parking spaces satisfactory to and approved by the City of Newport Beach in order to meet the Code requirements existing at that time. If George L. Rager is unable to obtain substitute parking facilities, he will close the bar and restaurant at 2116 West Ocean Front. 3.. This agreement shall run with the real properties described above and shall bind the heirs, successors and assigns of the parties hereto and it shall be recorded in the office of County Recorder of Orange County. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. GEORGE L. RACER -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 M 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DO'N: adw 1/12/71 32 �, 6Y 9 532 pm 298 STATE OF CALIFORNIA ) ss County of Orange On before me, the undersigned, a Notary Public iand for'said State, personally appeared GEORGE L. RACER, known tote to be the personiwhose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. T I I otiMARGARET L. HARPER Notary P my Au r "IpiS es V gM25,?972- ) ss County of Orange On iQ before me, the undersigned, a Notary ubli—c—Mi-afid for said State-, personally appeared E. F. H RTH, known to me to be the Mayor, and LAURA LAGIOS, known to me to be City Clerk of the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. WN-4.04*40 . . . well, . . . . . . . . . . . . &-C"",� !per P ')OROTHY L. PALEN T Notary pvhjic State ct (811tornia POncipaiort,e orange Cou" ty Corr my Comission Expires Feb9, 7973 ..................... -3- zap L -J � � m \� ;{,m \� «® � �* � � °<y w �xp ~°\/\ � � \\� ® � ?: � � \:/-» . j p \ ? .� � � \\ / z� € � ! � J v #� m\ /` � ��� Em2 . »» Z . ° ©z � /!� �\ i JAN 5 1971 By the CITY COUNCIL CITY " laF-wnuaw.7 REACH CITY OF NEWPORT BEACH Office of CITY ATTORNEY January 25, 1971. To: The Honorable Mayor and Members of the City Council From: City Attorney Subject: Off -site Parking Agreement At their meeting of December 18, 1969, the Planning Commission approved Use Permit application No. 1460 subject to the condition that the applicant execute an agreement providing for satisfactory off -site parking. The applicant proposes to operate a restaurant and bar at 2116 West Ocean Front in the area of McFadden Square. The proposed parking lot is located between 20th Street and 21st Street, facing the north side of Balboa Boulevard. Our office has approved the agreement as to form and content. The adoption of the resolution on the agenda would authorize the Mayor to sign the agreement on behalf of the City. TULLY H. SEYMOUR City Attorney � r By: DLrhn-is_O_'N'eil Assistant City Attorney DO'N:adw G2 40 i rM .VltJjd 13A l / e� 6O.. A. ilOOLUTICN CW TUL drat C+DUNCI.L or TM CITY A PA_ZiC:S3.vG AGRaW4NNT $WWM TUS CITY OF NEWPORT BEACH .ND G30P M .L, fcW=* IN wEU 'rrON k 1TH i'€M 0&& Ce3 BALL SAX mD RWTAUKUM, US" P ;ifd%'IT 146?, :IuMRM'r, therm hap to tha City Council Of the Ci.t *• of iiawpoxt Breach a C rt&in alrom ert betweezi the City of Newport fuiuch *ad George ". Ra-ler, to provide parking spaces required. rtnder the conditions of Ure P armit 1460j, in conneatiesa with the `! ztm%h Ball bar and r4mtauranti and WHXREJU* the3 City Council ha +s COnsiderad the terMS and conditiate of said pprk.ing aggement and found than► to be fair and equitablet , '1'F9ERM8, U IT z?.W,0LV,,WD that said parking agreeau &ant above described is approveA, and the b ayor and City Clerk are hereby authorized and directed to execute the sage on behalf of the City of Newport aeach. ADOPT= this 25th day of January , 1871. Vayor City, Clark AO'Nsadw 1/14/71