HomeMy WebLinkAboutC-1384 - Off-Street Parking AgreementBY
KEW: E 2' MtJ TO:
.0Ki. I3
C,`ILT. 926:0
15195
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
9:05 A.M. JUL 19 1971
FREE
C J. WYLIE CARLYLE, County Recorder
OFF-SITE PARKING AGREEMENT
/117 T/�TTT TT
9 '24 PAa 319
THIS AGREEMENT, made and entered into this 1 r'6Y day
of -.7 VL<r , 1971, between the CITY OF NEWPORT BEACH, a
municipal corporation (hereinafter sometimes referred to as
"City"), and HARRY ALEXON, (hereinafter sometimes referred to
as "Owner").
r)'Dtl 7M TT C
1. Harry Alexon is the owner of that certain real
property located in the City of Newport Beach referred to as
the southwesterly rectangular 35 feet of Lots 9, 10 and 11, of
Block 12, Balboa Tract, more commonly known as 100 Main Street,
Balboa.
2. Owner proposes to operate a restaurant business
with a seating,capacity not to exceed 81 persons on said property.
3.. The Newport Beach Municipal Code will require a
total of 27 parking spaces to be provided on site to accommodate
a seating capacity of 81 persons.
4. There are presently no parking spaces existing on
that parcel of property at 100 Main Street, Balboa.
5. Section 20.38.040 of the Newport Beach Municipal
Code provides for off-street parking on a separate lot, provided
certain conditions are satisfied.
6. Owner has entered into a five (5) year lease of
certain property located at the northeast corner of Washington
Avenue and Ocean Front Walk, more particularly known as Lots 9,
10, and 11, of Block 10 of the Balboa Tract. Owner proposes to
provide the required parking for the restaurant on said leased
property.
7. There are presently 27 parking spaces existing
on the leased property as shown on the attached diagram marked
Exhibit "A" and made a part herein by this reference.y'
A�
KJ � ; 9724 ?Au 320
8. At the meeting of the Planning Commission of the
City of Newport Beach held on October 1, 1970, a Use Permit
allowing a restaurant operation was approved on condition that
the City Council approve an off-site parking agreement prior to
the issuance of a business license for the restaurant.
NOW, THEREFORE, in consideration of the approval by
City of Owner's intended use of the property at 100 Main Street,
Balboa, as a restaurant and in consideration of approval of the
leased property described in paragraph 6 hereinabove as an off-
site parking lot to be used to provide the required parking
spaces for the proposed restaurant pursuant to Section 20.38.040
of the Newport Beach Municipal Code the parties hereto agree
as follows:
1. For so long as the building located on the property
at 100 Main Street, Balboa, is occupied by the proposed restaurant
27 parking spaces will be provided on the lot located at the
northeast corner of Washington Avenue and Ocean Front Walk,
described in paragraph 6 hereinabove, for the exclusive use of
the customers and business invitees of the restaurant.
2. In the event the five year lease on the property
described in paragraph 6 hereinabove should be terminated for
any reason, Owner 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 Owner is unable to obtain substitute parking facilities,
he will close the restaurant at 100 Main Street, Balboa.
3. This agreement shall run with the real property
described within the first paragraph of this agreement and
shall bind the heirs, successors and assigns of the parties
hereto, and it shall be recorded in the office of the County
-2-
k ; 9724'",'3211
Recorder of Orange County.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement as of the day and year first above written.
D ate:
HARRY ALEAN
STATE OF CALIFORNIA )
ss
County ofr"�r
On C'-"" 7 > before me, the undersigned, a Notary
Public in and for said State, personally appeared HARRY ALEXON,
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.
Appro ed as to form:
City At orney
STATE OF CALIFORNIA )
ss
County of Orange
Notary��a
State A�
C I TY O ;
�7
Attest:
A CELEs `'U.Ty
13, hD74
Mayor
On 1 (o(q i1 before me, the undersigned, a Notary
Public in d for said State, personally appeared E. F. HIRTH,
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 herein 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.
bYi9.iii.WR#.iiRii...Re.iRi..f Y..................iq..Yii�
:0
DOROTHY L. PALED!
aP` t a Notary Public #
gyp" State cr Galitarnia
-.,�;;, Principal Office in ;
orange catanty
: MY Commission Expires Feb, 9, 1973 '
.........#R......R...R..................................
Notary Public i and for said
State
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9724PAGE 32?
E; m E, �11�,-N-lc w V\1 \Vl\ C= -D V--\
EXHIBIT "A"
I
M
60
CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
To: The Honorable Mayor and
Members of the City Council
From: Acting City Attorney
Subject: Off -site Parking Agreement,
100 Main Street, Balboa.
i
1673
July 12, 1971.
This matter originally appeared on the City Council agenda
January 20, 1971, with a memorandum from the City Attorney and
a resolution authorizing the Mayor to execute the subject
agreement at such time when it was put into final form to the
satisfaction of the City Attorney. The City Council took no
action on January 20, and instead continued the matter to its
meeting of February 8, 1971.
At its meeting of February 8, the Council directed the City Clerk
to place the matter on the Council agenda for action at such time
as the applicant had furnished an executed parking agreement
satisfactory to the City Attorney and Planning Director.
An executed parking agreement has been approved by the Acting
City Attorney and Acting Community Development Director as to
form and substance. Adoption of the resolution on this evening's
agenda would authorize the Mayor and City Clerk to execute the
subject agreement on behalf of the City of Newport Beach.
I
L
DENNIS O'NEIL
Acting City Attorney
DO'N:adw
of
so 00
F -SITE PARKING AGREEMENT
THIS AGREEMENT, made and entered into this
day
, 1971, between the CITY OF NEWPORT BEACH, a
municipal corporation (hereinafter sometimes referred to as
"City "), and HARRY ALEXON, (hereinafter sometimes referred to
as "Owner ").
RECITALS
1. Harry Alexon is the owner of that certain real
property located in the City of Newport Beach referred to as
the southwesterly rectangular 35 feet of Lots 9, 10 and 11, of
Block 12, Balboa Tract, more commonly known as 100 Main Street,
Balboa.
2. Owner proposes to operate a restaurant business
with a seating capacity not to exceed 81 persons on said property.
3. The Newport Beach Municipal Code will require a
total of 27 parking spaces to be provided on site to accommodate
a seating capacity of 81 persons.
4. There are presently no parking spaces existing on
that parcel of property at 100 Main Street, Balboa.
5. Section 20.38.040 of the Newport Beach Municipal
Code provides for off - street parking on a separate lot, provided
certain conditions are satisfied.
6. Owner has entered into a five (5) year lease of
certain property located at the northeast corner of Washington
Avenue and Ocean Front Walk, more particularly known as Lots 9,
10, and 11, of Block 10 of the Balboa Tract. Owner proposes to
provide the required parking for the restaurant on said leased
property.
7. There are presently 27 parking spaces existing
on the leased property as shown on the attached diagram marked
Exhibit "A" and made a part herein by this reference.
-1-
T
M
8. At the meeting of the Planning Commission of the
City of Newport Beach held on October 1, 1970, a Use Permit
allowing a restaurant operation was approved on condition that
the City Council approve an off -site parking agreement prior to
the issuance of a business license for the restaurant.
NOW, THEREFORE, in consideration of the approval by
City of Owner's intended use of the property at 100 Main Street,
Balboa, as a restaurant and in consideration of approval of the
leased property described in paragraph 6 hereinabove as an off -
site parking lot to be used to provide the required parking
spaces for the proposed restaurant pursuant to Section 20.38.040
of the Newport Beach Municipal Code the parties hereto agree
as follows:
1. For so long as the building located on the property
at 100 Main Street, Balboa, is occupied by the proposed restaurant
27 parking spaces will be provided on the lot located at the
northeast corner of Washington Avenue and Ocean Front Walk,
described in paragraph 6 hereinabove, for the exclusive use of
the customers and business invitees of the restaurant.
2. In the event the five year lease on the property
described in paragraph 6 hereinabove should be terminated for
any reason, Owner 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 Owner is unable to obtain substitute parking facilities,
he will close the restaurant at 100 Main Street, Balboa.
3. This agreement shall run with the real property
described within the first paragraph of this agreement and
shall bind the heirs, successors and assigns of the parties
hereto, and it shall be recorded in the office of the County
-2-
40 09
Recorder of Orange County.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement as of the day and year first above written.
Date:
HARRY ALEXON
STATE OF CALIFORNIA )
ss
County of )
V
On before me, the undersigned, a Notary
Public in and for said State, personally appeared HARRY ALEXON,
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.
Notary Public in and for said
State
CITY OF NEWPORT BEACH
Approved as to form:
Attest:
City Attorney
STATE OF CALIFORNIA )
ss
County of Orange
City Clerk
On before 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
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 herein 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.
Notary Public in and for said
State
-3-
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EXHIBIT "A"
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July 16, 1971
Mr. J. Wylie Carlyle
County Reoorder
P. 0. Box 238
Santa Ana, CA 92702
r-'7-7
-.
Attached for recordation is an Off -Site Parking Agreement
between the City of Newport Beach and Harry Alexon.
This agreement was authorized by Resolution No. 7479
adopted on July 12, 1971 by the City Council.
Laura Lagios
City Clerk
LL:swk
enc.
0
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area God, 714
673 -2110
DATE fiagmt 10, 1971
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No.` 1384
Description of Contract ' Off -Site Parking Amreement
Authorized by Resolution No. 7478 , adopted on July 12, 1971
Effective date of Contract July 15, 1971
Contract with Harry Alexon
",acReraj. cN
Address 100 Zair. Street
Balboa, CA
Amount of Contract
city Cle c
August 10, 1971
Hamood, Wen F, A&inson
Attorneys at Law
550 Newport Center Drive, Suite 434
P. C. Box 1907
Newport Reach, CA 92563
Subject: Mackerel Flats Cye'hijovwe, Use Permit Tk>. 1476
Dr. Harry Mf,7, m, 1'10 Main Strr_et, Balboa
A copy of tflja Off -Sit!? Parking A(*Xp?If:a3nt was rent to yo on
July 16. The O"Winal a.,- reerent has een reecork -ke in Sool-
9724 P:i? 319 of the ^fficial ° ?rx,5.'s c f fJrgn ^e County at
9:05 a.m. , July 19, 1071. Ins- h-uxnt No. 15195 was
assigned.
oris M. (7eorve
?xevuty City Clork
M*
CC: r)r,. harry tlexon
City Attorney
Cea+ammity Developmnt "irector
17�
July 16, 1971
Hanaood, Soden 6 Adkinson
Attorneys at Law
550 Newport Center Drive, Suite 434
P. 0. fox 1507
Ne: urt Beach, CA 92663
Subj=_ct: Mackerel Flats Crabheirse
Dr. harry Alexon
100 ?lain Street
Balboa, C.311ifornia
Fsiclosed is a duly executed copy of an Off -Site Parking
Agreement between the City and Dr. Harry Alexon in
connection with Use Permit No. 1476.
,e have sent the original to the County Recorder. When
it is returned to this office, the recording information
will be sent to yeou.
Laura Lagios
City C1eri:
LL:.,--,w),
enc.
cc: Dr. Harry Alexon
City Attorney
Comm unity Development Director
10 76r
so
l�:CLLt';YIM 7i. 7479
A 02.ad TCIN or Cift .-IL O -Ka CITY
AND W. MRW A e RM-MARO dG Off-SITE
PAR ING, USIC PRO= 1476.
s RUS, Dr. Furry Alexon is the owner of that certain
real property 1ccated in the City Of Newport Beach described as
1!�O Bain Street, Salboasr amd
Dr. Al.wwn proposes to operate a reotauxint
with a :resting capacity
for Cl
parzons pan said
property)
asrd
wMWS, the
Newport
Mach, :qua,icipal
Coda will
r 4ire
a total of 27 purkine; spaces be provided on site to aCemmoodatae
a sass -ting cepaaei�t v of 61 personsp mid
u' ss, Dr. ;�Iexon has arx.3nged to lease certain
property locate?: In thv c cz$a+n F s:ant zxasa of the Balboa Penin"la
adjoining the p iblic paxking Lots the Balboa ;inn, and the forr nr'
site of tha" �,,an&szvrus b.xllra4x;> for the purposes of pxovidin, off -
site parkin; in connection with the proposed restaurants nv4
+?3Sa& fir, the Planning CoofTdoasion of the City of Newport
Such on October 1, 1970, approved tho petition of Dr. Haxry
Alexon to operalts a restaurant at 1i5 +1; Main Street with a {<.�atinq
capacity of Rl +.persons. whereby the nur or of code requirp-d **-
site parating ep kces was srraivf-sl proviGaad that Jr. Harry ;aexon
obtain suffic -Ae;st riff -cite parkin spaces pmarsuant to agreement
satisfactory to ths= city and �pprov l by the City C:ouncila
IM, 'TEiBisii>?OR9, :3Z IT RtW-O VW that the City Council
agr.rovas said loans arranges -ent betweer, Zr. Harry Un man and tho
owners of the property icy ^et in 2.h0 Ocean Front ar;°a of the
Balboa n=rninsula adjoini". the publia gnashing lot, the Balboa Inn,
.a,_
and the- former site of ti„r : ena�iVps�� sallroa . v4wrea ,,f r, 3ai y.
dlexon will pnwide 27 parking "ces theraon fog, the exclusivw
ue0 of the prci oned restaurentf
BS IT VIURTMA R304OLVXD thAt the mayor and City Me&
are hereby authoiAzed ;,M directad to exemits the oft -ifte
parking anroen"it an behaai,f of the City of iaacwport Basch.
A8Jf1FYS) this 1.:. >!> day of
AnT FST i
v"asyor
-2-
DO' S t aft
7/6/71
DONALD O. HARWOOD
MARK A. SODEN
DON R. ADKINSON
DENNIS W. HARWOOD
THOMAS A. BERNAUER
0,
HARWOOD, SODEN & ADKINSON
ATTORNEYS AT LAW
550 NEWPORT CENTER DRIVE -SUITE 434
POST OFFICE BOX 1907
NEWPORT BEACH, CALI FORN IA 92663
June 30, 1971
Dennis O'Neil, Esq.
Assistant City Attorney
3300 Newport Blvd.
Newport Beach, California
OF COUNSEL
JAMES P. DEVINE
TELEPHONE (114) 644 -1313
CABLE- HARSODAW
Re: Dr. Harry Alexon, 100 Main Street Property
Dear Dennis:
I enclose the original of the Off - Street Parking Agreement
executed by my client, Dr. Harry Alexon, I would appreciate
your advising me when such agreement has been executed by the
City of Newport Beach and recorded.
DWH /mr
Encl.
Very truly yours,
Dennis W. Harwood
<c�v 41
�. u $1971
1971 By the CITY COUNCIL
CITY Or, NGWO TRT U
By the CITY COUNCIL CITY OF NEW BEACH
CITY °'t M ""p °RT YFACH
Office of
CITY ATTORNEY
To: The Honorable Mayor and
Members of the City Council
From: City Attorney ^4,reAe1x
Subject: Off -Site Parking Agreement --
100 Main Street, Balboa.
January 20, 1971.
.4 T adf E
e2A13
The Planning Commission at their meeting held on October 1, 1970,
approved Use Permit No. 1476, an.appl.ication.by Dr. Harry Alexon,
requesting a waiver of the off - street parking requirements for a
91 seat restaurant located at 100 Main Street, Balboa, and to permit
alcoholic beverages to be served within 200 feet of a residential
area. The Use Permit was approved subject to the condition that an
off -site parking agreement providing the required number of parking
spaces for the establishment as proposed be approved by the City
Council prior to the issuance of a business license for the
restaurant.
The Newport Beach Municipal Code requires.31. parking spaces for
a 91 seat restaurant. Mr. Dennis Harwood, Dr. Alexon's attorney,
has arranged to lease a parcel of real property.located in the
Ocean Front area of the Balboa Peninsula, adjoining the public
parking lot, the Balboa Inn, and the former site of the Rendezvous
Ballroom for the purpose of providing a parking lot for the proposed
restaurant. The lease would continue for a period of five years.
In the event the lease should be terminated for any reason, Dr.
Alexon will immediately thereafter be required to obtain substitute
off -site parking spaces satisfactory to and approved by the City of
Newport Beach. If Dr. Alexon is unable to obtain substitute parking
facilities his business license will be revoked and he would be
required to close the restaurant facility.
The staff has had several meetings with Mr. Harwood and has reached
the conclusion that due to lack of adequate parking in the area, the
off -site parking arrangement as proposed would be the most feasible
way to allow Dr. Alexon to develop his property as a restaurant.
Our office as well as the Planning.Department will be working with
Mr. Harwood in preparing the formal off -site parking agreement.
-1-
/�I
N
The adoption of the resolution on the agenda would authorize the
Mayor to execute the agreement on behalf of.the City when it is
put into final form to the satisfaction of the City Attorney and
Planning Director.
TULLY H. SEYMOUR
City Attorney
i
By: MMZI�O haJ)
nnis O'Neil
Assistant City Attorney
DO'N:adw
HARWOOD, SODEN & ADKINSON
DONALD D. HARWOOD
MARK A. SODEN ATTORNEYS AT LAW
DON R. ADKINSON $50 NEWPORT CENTER DRIVE -SUITE 434
/)EI;fJ IS . HARWOOD POST OFFICE BOX 1907
B / A JL
M ¢ NEWPORT BEACH, CALIFORNIA 82663
JAN I 1 1971
December 24, 1970
By the CITY COUNCIL
CITY Aw " "w" !T REACH
City Council
City of Newport Beach
3300 Newport Blvd.
Newport Beach, California
Re: Dr. Harry Alexon - Use Permit No. 1476 -
100 Main Street, Balboa, California
Gentlemen:
OF COUNSEL
JAMES P. DEVINE
TELEPHONE (714) 644 -1313
CABLE *NARSODAD'
ti
� Cpl <c� �•.r �
This office represents Dr. Harry Alexon, applicant for Use Permit
No. 1476. It is the intention of our client to develope and
operate a high quality restaurant operation upon property owned
by the applicant at 100 Main Street, Balboa, California.
107(
At the Planning Commission meeting of October 1, 1970, a Use Per-
mit allowing a restaurant operation was partially approved, con-
ditioned upon the City Council approving a parking agreement between
the City and the applicant. This office has had extensive meetings
and discussions with the City staff attempting to work out a satis-
factory solution to the parking problem. My client has recently
been successful in negotiating an agreement which will allow him
to use a nearby parcel for purposes of providing off - street parking
under conditions which appear acceptable to the City staff. A copy
of a letter from this office to the property owner setting out the
terms of said agreement is enclosed herewith..
Applicant, Dr. Harry Alexon, does hereby request that this matter
be placed on the earliest forthcoming agenda of the City Council
for purposes of approving the lease of the nearby property to
satisfy off - street requirements imposed by the Planning Commission.
Upon approval of the City Council, this office is prepared to work
out the formal conditions of a parking agreement with the City
Attorney's office. Thank you for your prompt attention to this
matter.
DWH /mr
Encl.
Very truly yours,
naB /: -;2-
HARWOOD, SODEN & ADKINSON COPiES SENT T� .
D A yor
Altorn:
Dennis W. Harwood
cc: Dennis O'Neil, Asstant City Attorney
City of Newport Beach
Mr. Larry:Wllson, Planning Director
" x
lJ V:•...:. ucaor
D
❑ ;.oNOCifmp, (i
❑� gr f
Mrs. Ludie Lindeman
2073 Wallace, Apt. A
Costa Mesa, California
Dear Mrs. Lindeman:
40
December LL, 1970
Following our telephone conference of this week, it is my under-
standing that you, along.with some other relatives, are the owners
of a parcel of real property located in the ocean front area of the
Balboa Peninsula ajoining the public parking lot, the forrier Balboa
Inn, and the former site of the Rendezvous Ballroom. It is further
my understanding that the present property is not improved.
This letter will confirm that a tentative arrangement has been reached
by an between a client of this office, Dr. Harry Aie:con, ani1. you
and tI:® other owners of your property by which each of you :could
agree to enter into a lease providing that Dr. Alexon is successful
in obtaining the approval from the City of Newport Beach that said
property may be used as a parking area in conjunction with a restaurant
he plans to open at 100 Main Street, Balboa, California. The general
terms of the lease would be as follows:
1. The lease would continue for a period of
five years subject to termination in the event the
City of Newport Beach shall concel business license
and Use Permit issued to Dr. Alexor, and /or his
successors in interest, cr shall be subject to ter. -
mination in the event you or any subsequent buyer
of the subject property shall apply for and receive
from the City of ?7csrport --,each a building permit to
construct any other form of improvement upon all or
any portion of the subject property.
2. Shortly after execution of said lease, Dr.
Alexon shall, at his expense, improve and blacktop
tll•.� subject property creating a use of said property
satisfactory for a parking area. Dr. Alexon shall
further agree during the term of said lease to pay
all real property taxes and assessments which shall
be assessed tenon the subject property (including any
increase tares which may result from blacktopping of
the subject property).
r'
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Page 2_
3. In the event the lease shall be terminated
during a five year period by reason of you or any
successors in interest t ..... ting said lease by
obtaining a building permit, Dr. Alexon shall be
entitled to a pro rata reimbursement for the black -
topping costs but not for any other costs or expenses
he may have paid under the terms of the lease (by
way of example only, under a fiva year lease, in the
event the lease shall be terminated after four years
of the lease term, Dr. Alexon shall be entitled to a
return of 1 /5th of the blacktopping costs).
4. Dr. Alexon shall provide at his expense public
liability insurance for the benefit of the property
owners provi0ing for a minimum $100 - $300,000 public
liability coverage.
5. During the term of said lease, Dr. Alexon shall
be advised as to the listing price which may be estab-
lished by you and the other oomers of the property and
shall be, from time to time, afforded a reasonable
opportunity to purchase said property.
I believe the foregoing establishes the basic terms of the lease
whica we have agreed upon. Execution of the lease is, of course,
subject to the City of Newport Beach approving this form of lease
for a 17arkin7 arrangement and I have, thorefore, dispensed with
thn d -- .fti.rr:; o:` the formal document until the City's approval has
been O ^taine:.:. However, if the foregoing sets cut the basic terms
and intent of the agresm:3 t u,hich we nave previously discussed, I
would appreclate you and the O'u or owners initialing a coTY7 of the
docu: -,ent and returning immediately to this office. My e.:ecution
of t'lis letter constitutes my client's agreement to the foregoing
terms.
Very truly yours,
HARWOOD , SODEN & ADKINSO I
Dennis W. Harwood