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HomeMy WebLinkAboutC-1385 - Off-Street Parking AgreementTO: FROM: SUBJECT FINANCE DIRECTOR City Clerk Contract No. 1385 CITY OF NEWPORT BEACH >' , CALIFORNIA 117AC2 City Hall 330D W. Newport Blvd. Area Code 714 673 -2110 C2n /P Authorized by Resolution No. 7479 , adopted on uIX 17- 1471 Effective date of Contract July 16, 1971 Contract with Paul 17wr7k and Associates Address 3732 East Cloast Highway Amount of Contract Cbrma del Mar, CA 92625 cityCe c , ft so Aikgust 10, 1971 Paul 7"oryk and Associates 3732 Fast Coast Highway Corona del Mar, CA 92.x,25 Subject: Off -Site Parl -inP A?reement, Use Permit No. 1518 A copy o: the Off -Site Parkins; Agree - 4 �tween you and the City was sent to you on July 1.6. Sfie ori?inal agreement has I recorde -0 in ?ook 9724 Parse 323 of the Official RecorIs of Orame County at 9:05 a.m., Juiv 1.9, 1971. Tnstru.Tent No 15196 was assigped. Doris M. Ceorr± Deputy City Clem swk enc. cc: City Attorney roma.mity Devel.o7,-mnt Director to 11�v July 16, 1971 Paul Thoryk and Associates 3732 East Coast ldq�way Corona del t;:ar, CA 52625 Enclosed is a duly executed copy of an Off -Site Parking Agrewnent between the City and you in connection with Use Perrdt No. 1518. ,e have sent the original to the County P.ecorder. When it is returned to this office, the recording informatican will be sent to you. Laura Lagios City Cleric LL: wk enc. cc: City Attorney Comity Development Director ft July 16, 1971 Mr. J. Wylie Carlyle 0 County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is an Off Site Parking Agreement between the City of Newport Beach and Paul Thoryk and Associates. Ihi.s agreement was authorized by Resolution No. 7478 adopted on July 12, 1971 by the City Council. Laura Lag os City Clerk LL:swk enc. RECO RD3NG REQUESTED BY Tl 1.5 19 6 C-4 9724P4-cE323 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA FRC 9:05 A.M. .AUL 19 1971 L WYLIE CARLYLE County Recorder OFF SITE PARKING AGREEMENT THIS AGREEMENT, made and entered into this /* rN day of -1 1971, between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter called "City"), and PAUL THORYK AND ASSOCIATES (hereinafter called "Thoryk"), RECITALS: 1. Thoryk proposes to convert an existing building located at 2815 Villa Way into a professional office building. 2. Thoryk proposes to utilize approximately 1700 square feet of office and design space on the second floor of the building, and approximately 216 square feet on the ground floor as a reception and waiting room, for a total of 1916 square feet. 3. The Planning Commission of the City of Newport Beach on March 18, 1971, approved the Use Permit application of Thoryk to permit a professional office building in an M-1 District on condition that the applicant enter into an agreement with the City guaranteeing to provide off site parking satisfactory to the staff. 4. The Department of Community Development has determined that Thoryk will need a total of nine either on or off site parking spaces for the proposed use of the building located at 2815 Villa Way as a professional office building. There are presently three parking spaces existing on that parcel of property at 2815 Villa Way, Newport Beach, J Q5Z �-'J 9124 paE324 as shown on the attached drawing marked Exhibit "A" and made a part herein by this reference. 6. Thoryk has entered into a four-year lease with the owner of that certain property located at 3012 Newport Boulevard, beginning July 15, 1971 and ending July 15, 1975, to provide six off site parking spaces on the property located at 3012 Newport Boulevard, Newport Beach, as shown on the attached drawing marked Exhibit "B" and made a part herein by this reference. NOW, THEREFORE, in consideration of the approval by City of Thoryk's intended use of the building located on the property located at 2815 Villa Way 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 2815 Villa Way is occupied by Thoryk and used as a professional office building, three parking spaces will be provided on site and six parking spaces will be provided on the property located at 3012 Newport Boulevard for the exclusive use of the employees, clients and business invitees of the professional office building. 2. In the event the four-year lease on the property located at 3012 Newport Boulevard should be terminated for any reason, and upon the termination of the term of the lease, Thoryk will immediately thereafter obtain additional off site parking spaces satisfactory to and approved by City in order to meet the Municipal Code requirements existing at that time. If Thoryk is unable -2- FJ 9724 FaE325 to obtain suitable parking facilities, he will close the professional office building located at 2815 Villa Way. 3. This agreement shall run with the 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. PAUL THORYK AND ASSOCIATES By'. "41�4 ��� MIC,H4EL MOYER, S3f=C-4� M4fiager By: roj ect -Manager STATE OF CALIFORNIA ) L-,-- ("/ ss County of Orange ) On 9 %1 before me, the undersigned, a Nota Publ' in'ana for said State, personally appeared MIC L MOYER, known to me to be the Office Manager, and GREGORY PITCHER, known to me to be Project Manager of the 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 its by-laws or a resolution of its board of directors. WITNESS my hand and official ......................■............................... MARGARET L. HARPER J.' Notary Public A State or Calitornia Pnncipai Office in �•l��'OPN�P Grange County My Commission Expires August 25, 1972 ........................................................� seal. e Not4ary flublic in and for #aid State. -3- STATE OF CALIFORNIA ss County of Orange 9724 pat 32 On 's 1 (D 191 ) before me, the undersigned, a Notary Public in qnd for said State, personally appeared E. F. HIRTH, knot/Tn 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. M....M//►.N►►M►4►►i►WN'YM►ow. M►/..►►►..►i...►....... i//: 4 Tti DC?ccQTHY L. PALEN wP Notary Public State cf California Principal Office In NP Orange County My Commission Expires Feb. 9, 397$ sl..• my M....M.MMM../............................../.■//�. Notary Publ c in and for said State. 9724F.-a32T A -'35 7H,:�A I I � 0 a,75 3 9. EXHIBIT "All till o Al nar FEDERAL EQUI -POISE PROPELLED BJ RUBBER BEARINGS . . . MONEL 8 TOBIN ft . . . HI-J RACING PROPELLERS HAROLD 1. JOHNSON PROPELLER ENGINEERING 2811 VILLA WAY (714) 673 -6770 NEWPORT BEACH, CALIFORNIA 92660 7s CITY OF NEWPORT BEACH, t' PUBLIC WORKS DEPARTMENT, ATTL JOE DEVLIN, ,`g LAURA LAGIOS, CITY CLERIC. JUNE 28, 1971 SIR: THERE IS A DANGEROUS PRECEDENT BEING ESTABLISHED ON THE ALLOWING OF A BUILDING TO BE EXTENDED OUT ON THE SET BACK ON THE SOUTH SIDE OF VILLA WAY BETWEEN 28TH AND 29TH STREETS. IN 19.0 WHEN CLARENCE MCCULLOCH BUILT HIS BUIL WAY THE CITY ORDERED A SET BACK WHICH HAS BEEN AND EVERY BLDG. TO BE ERECTED SINCE THAT TIME. OWNERS FEEL THAT A SIDEWALK SHOULD BE BUILT ON VILLA WAY ON THIS SET BACK FOR THE CONVENIENCE BUSINESS ALIKE. SING AT 2807 VILLA FOLLOWED BY EACH ALSO WE PROPERTY THE SOUTHSIDE OF OF CUSTOMERS AND WE ALSO FEEL THAT PARKING FOR A BUSINESS THAT IS HALF A BLOCK AWAY WILL NOT BE USED BY THE CUSTOMERS OF THAT BMNESS AND THAT BECAUSE OF THE TYPE OF BUSINESS THAT MR. THORYCK IS IN INVOLVING LONG CONFERENCES THAT THE STREET WILL BE SATURATED WITH CARS STAYING FOR LONG PERIODS OF TIME BRINGING GREAT FINANCIAL HARM TO THE OTHER BUSINESSES ON THE STREET AS THE PEOPLE WILL GO ELSE WHERE TO DO THERE BUSINESS.. IN OTHER WORDS WE FEEL THAT IN THE INTEREST OF OLD ESTABLISHED BUSINESSESS THAT A GOOD SERIOUS LOOK AT THIS SITUATION WOULD BE IN THE PUBLIC INTEREST. WE UNDERSTAND THAT THEY WERE TOLD TO STOP CONSTRUCTION AT ONE TIME AND THAT THEY HAD THERE BLDG PERMIT STOPPED YET THEY WENT RIGHT ON BLDG. ISN'T THIS OPEN DEFIANCE OF THE CITY? ALSO THE PEOPLE THAT WERE GOING TO OPEN BUSINESSESS THERE BEFORE HAD TP POST AND GET USE PERMITS. WHEN DID THESE PEOPLE GET A USE PERMIT AND WHBNWERE THE PUBLIC NOTICES OF A HEARING FOR THE USE PERMIT STED. NONE OF US WERE GIVEN A CHANCE TO AIR OUR VIEWS ON A E PERMIT BY THE PRESENT TENANTS. ...............� C"'N -cs SENT T0: YO TRULY, E . RYAN 'jJ 'LUi uing UiroolOS PRESIDENT, j I inI'rr H. 1. JOHNSON INC., 2811 VILLA WAY, ID L NEWPORT BEACH, CALIF. �� / CENTER I Sportfishing Equipment 2817 VILLA WAY PI NEWPORT BEAyM:(}]ALIFORNIA 92660 PHONE 17141 6]3 -]091 v - June 28, 197 N.. ?..0...Wl City of Newport Beach, ; Public Works Department, Att= Joe Devlin, ` u Laura lagios, City Clerk. Dear Sirs I request yours and the gentlemen of the Planning Commissons serious consideration of the problems surrounding the request for a use and Building Permit at 2815 Villa Way, in this City. Because of the following reasons I believe these permits should be denied. 1 At the present time construction has begun on an addition to the front of the building which encroaches into five feet of the setback as observed by the other buildings on the west side of Villa Way; This setback was established prior to the year 1940 and has been respected by all new construction since that time. At present this setback is used for parking in front of the var- ious businesses and we hope that someday the city will see fit to put a sidewalk in this area. There has also been talk of making Layfayette and Villa Way eaoh a one way street to aleviate the traffic problem now existing. I feel that if the preser$Lt setback is not observed now that. the other businesses on Villa Way will also one day build into this setback which would virtually turn Villa Clay into an Alley with no parking. As you know, at this time we have a very serious parking problem in this area and the Building at 2815 Villa Way has parking for two cars behind the building only. I understand that they have leased some parking spaces but these spaces are approximately 250 ft. from their building and obvioksly will be used by the employees and not by their clients. I respgctfully request that you and the gentlemen of the plan- ning Commission give this problem serious consideration b4fore issuing a permit for Construction and a Use Permit. 4 Cespectfully s, BERRT E.ELLSWORTH Most Complete Saltwater Tackle :,, Source on the West Co..ast y" i l ft CITY OF NEWPORT BEACH 1971 Office of Ry 4h. r): ., CITY ATTORNEY To: The Honorable Mayor and Members of the City Council From: Acting City Attorney Subject: Off site parking ft July 12, 1971 - Paul Thoryk At its meeting held March 18, 1971, the Planning Commission approved Use Permit application No. 1518, a request to permit a professional office building in an M -1 District. The approval was subject to the condition that the applicant enter into an agreement with the City guaranteeing to provide off site parking satisfactory to the staff. The subject property is located at 2815 Villa Way on the west side of Villa Way between 28th Street and 29th Street. Paul Thoryk and Associates propose to utilize the building on the property for their architectural offices. The Newport Beach Municipal Code requires a total of nine spaces for the intended use. There are three spaces on the site. Paul Thoryk and Associates have entered into a four -year lease with the owner of Le Saint Tropez restaurant, 3012 Newport Boulevard, for the use of six parking spaces between the hours of 8:00 a.m. and 6:00 p.m. In the event the lease should be terminated for any reason, Paul Thoryk and Associates would immediately thereafter be required to obtain substitute off site parking spaces satis- factory to and approved by the City of Newport Beach. If Paul Thoryk and Associates were unable to obtain.substitute parking for the professional office building they would be required to close their offices at 2815 Villa Way. The professional offices will be open during the hours of 8:30 a.m. to 5:30 p.m. The restaurant opens at 6:00 p.m. and therefore no conflict in the joint use of the off site parking is anticipated. The proposed off site parking is located a distance of approxi- mately two and one -half blocks away from the professional offices, as shown on the attached site location plan. Because of the critical situation with regard to parking in this area, the off site parking arrangement as proposed would be the most feasible way to allow Paul Thoryk and Associates to carry on their business at 2815 Villa Way. G7 //9V, `. ft M ` July 12, 1971. re: Off site parking agreement - Paul Thoryk and Associates, 2815 Villa Way, Newport Beach This office has prepared the necessary parking agreement which has been executed by an authorized agent for Paul Thoryk and Associates. Adoption of the Resolution on this evening's agenda would authorize the Mayor and City Clerk to execute the subject parking agreement on behalf of the City of Newport Beach. I /EN O'NEIL Acting City Attorney DO'N:adw Attachment. cc: City Manager City Clerk Traffic Engineer Director of Community Development 1� c x 78 A Ib=OLUTI(x CF TM CITY CX;UR!rnj OF TIM CIVY c':bf S i�RT M A ti lm, nah y��4i+Ya�ygw�V� 1 L.`km'�yr " irr . sYin PAi'� Tay. 3�Sr12<(f'n�'uiY ary?w cwy of xzmm $EACH p'ND F't`s(`i.ii Tiz a:m" Am WOCIN7`i O USE 1?7.RN ' S0. 1516 pa*l Theryk and 3000-- iaataes are t1U1..1" seen Of that certr.in.. real property locaated In Vile city of Newport Beach deseribc-�l ms 3Si.3 Villa ways ana WMAi-A,A , ianisl 11%oryk aaxa3 A mooiaataas propose- to apotaato is professional of Liao baildlnt; on the amio jact propertyt .anti , the B'a!wport F4ea�c2i F.a:�is:ipa °:"e� rd.il r+sc7ax3.r<r a tatal of niAo parking spa *a to be provided on sits :.e accook- aecdate the intsanded uoe: of til* professional office bruildirt9i and Nf AZX5, Paul Thotyk aatid Associates. hmve arranged to leas eetrtain property located at 10+12 lteragaort bMlevar8 .tor the purpose of provi4ing off sit* parking in mitiaections with the proposed offi m buildings and ti ;Vm' the Planning cor misasia n of the City of N- .wport Beef -!t an march 19, 197?„ approved the use of the property locat�cs at 26-5 Villa tray for a professional office, building in aA 1e•1 District,, wh*treby the numewr of m,4e ra gwired on site parking spaces was waived provided that fain. TN ryrk and As"Ciatea Obtain suffiaivat, off site par'kinj spaces pursuant to agreement asaatia- 103ctory to the City, and approved by thy# City Camcilt Y a TRUSFOAiE, BE IT RWMVSD 0%ast EhMe City CalUncil approves said lea** arraangoment betwoom Paul Tboryrk and Associates and the ocean =ors of the property boat at 3022 Newport Bo*sievsrci, wet -reeby Paaul Thoryk a nd hasociates will provide Six paxi LAV #pnaaea thereon betw*an the boors of StOO a.m. mid GsOO p.m. Monday through Friday for n, �wxclaumive use of the proposed professional offices building. . 1. e B2 1 ;t °! AMCIVW that the Mayar and CityV`L r% Jb -t %1rX B+U,iC31UZ.'z- ^tea arA WX0QU4 to 4M+ai:'7A0 t2li Off t "ixi .83?: 1:bi9 i2th zy of IgIlA I 71. V� &Yor RTTMT; City ®r.