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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 -3- 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- DLO uCu 0 mZZ 0 0"� oca .10 Y GS V o f U' `LI FYI 0� O a Oy Ooc��y� ul c =( iQ EXHIBIT "A" r!1 o, 0 Y- n M 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' db 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