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HomeMy WebLinkAboutC-1425 - Off-Street Parking Agreement0 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. r,1425 0 !33� CITY OF NEWPORT BEACH CALIFORNIA DATE March 2. 1972 Description of Contractpgg_Site Paiidn¢�axnt Authorized by Resolution No. 7624 , adopted on 2_14-72 Effective date of Contract Febnlary 15- 1972 City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Address 2614 Lafayette Avenue Newport Beach, CA 92660 Pmount of Contract City Cle c , 0 4 March 3, 1972 LaFayette Waterfront Properties 2814 LaFayetts Avenue Newport Beach, CA 92660 Enclosed is a copy of the Off -Site Parking Agreement in which you guarantee to provide six off -site parking spaces at 3012 Newport Boulevard in correction with your office building at 2814 LaPayette Avenue. This agreement will be in effect during the period of your 4 -year lease with the acier of the property at 3012 Newport Boulevard beginning May 5, 1972 and ending May 5, 1976. In the event the lease should be terminated for any ream, you will be immediately required to obtain additional off -site parking spaces in order to mast the Newport Beach Municipal Code. Laura Lagios City Clark LL:awk am. cc: Cam mimity Development Department /330 0 February 17, 1972 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, CA 92702 Enclosed is an off -site parking agreement between the City of Newport Beach and the Lafayette Waterfront Properties for recordation. This agreement was approved by the City Council by the adoption of Resolution No. 7624 on February 14, 1972. Laura Lagios City Clerk LL:swk enc. 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 161 17111 18'1 19 20 21 22 23 24 25 26 27 10008 PAGE 85 PLEASE R T,FRN TO: eT f €`' S CLMK RECORDED IN OFFICIAL RECORDSCITY f: 8EACH r ; OF ORANGE COUNTY, CALIFORNIA 7�0:,T 'E' ULEVARI) F 9:05 A.M. FEB 1$ 191 Pv�'w'✓PORJ BEACH, CALF. 92660 C3 J. WYLIE CARLYLE, County Recorder OFF-SITE PARKING AGREEMENT-—- THIS GREE ""— THIS AGREEMENT, made and entered into this J�E day of ��py4kj, , 1972, between the CITY OF NEWPORT BEACH,, a municipal corporation (hereinafter called "City"), and LAFAYETTE WATERFRONT PROPERTIES (hereinafter called "LaFayette"), I 1. RECITALS: LaFayette proposes to convert an existing building located at 2814 LaFayette Avenue into an office building. 2. LaFayette proposes to utilize approximately 1400 square feet of office space on the second floor of the building 3. The Planning Commission of the City of Newport Beach on January 6, 1972, approved the Use Permit application of LaFayette to permit an office building in an N-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 LaFayette will need a total of six either on or off-site parking spaces for the proposed use of the building located at 2814 LaFayette Avenue as an office building, 5. There are presently no parking spaces existing on that parcel of property at 2814 LaFayette Avenue, Newport Beach. 6. LaFayette has entered into a four-year lease with the �2- 9�,�, 30� ` 3132 owner of that certain property located at 3012 Newport Boulevard, beginning May 5, 1972 and ending May 5, 1976, 1 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 "A" and A -1- i :Ow !�U PAGE 86 i 1 made a part herein by this reference. A copy of the 2 lease for the property located at 3012 Newport Boule- 3i yard is attached hereto marked as Exhibit "B" and made 4 a part herein by this reference. 5 NOW, THEREFORE, in consideration of the approval by City 6 of LaFayette2s intended use of the building located on the propert, 7 located at 2814 LaFayette Avenue and in consideration of the above 8 premises, the parties hereto agree as follows: 9 1. For so long as the building located on the property at 10 2814 LaFayette Avenue is occupied by LaFayette ans used 11 as an office building, six parking spaces will be pro - 12 vided on the property located at 3012 Newport Boulevard 13 for the exclusive use of the employees, clients and 14 business invitees of the office building. 15 2,. In the event the four-year lease on the property located 16 at 3012 Newport Boulevard should be terminated for any 17 reason, and upon the termination of the term of the 18 lease, LaFayette will immediately thereafter obtain ad - 19 ditional off-site parking spaces satisfactory to and ap- 20 proved by City in order to meet the Municipal Code re - 21 quirements existing at that time. If LaFayette is 22 unable to obtain suitable parking facilities, it will 23 close the office building located at 2814 LaFayette 24 Avenue. 25 3. This agreement shall run with the properties described 26 above and shall bind the heirs, successors and assigns 27 of the parties hereto and it shall be recorded in the 2$ office of the County Recorder of Orange County. 29 IT WITNESS WHEREOF the parties hereto have executed this 30 agreement as of the day and year first above written. 31 LAFAYETTE WA E 1RO0 PROPRRTIES 32 By: !! RMRT G. CLOUG o Ge eral Partner By. GENE V.CHRISTENSEN,General Partner -2 1t 2 3 4 5 6 7 8 i 9 I 10 11 12 13 14 15! 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Bll� 10008 PAGE 8T; I STATE OF CALIFORNIA ) ,r� ) ss County of oe-6W C ) On - JSI% 2 ----before me, the undersigned, a Notary Public in and fo said State, personally appeared ROBERT Ga CLOUGH, known to me to be the General Partner, and GENE Vo CHRISTENSEN, known to me to be the General Partner of the partnership that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the partnership therein named, and acknowledged to me that such partnership executed the within Instrument pursuant to its by-laws. WITNESS My hand and official seal. 1, }67( Notary ublic in and for said S ate STATE OF CALIFORNIA ss County of CITY OF NEWPORT BEACH By: Mayor By: a"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 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 municipal corporation therein names, and acknowledged to me that such municipal corpora- tion executed the within Instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. ®..........................................«.... DOIROTHY L. PALEN �a Notary Public ,ca State cf California 1? Principal Office in P OranF,e. County My : e Y Commission Expires Feb. 9, 197• P'Nakoa...i...................................N Notary Public'in`and for said State M919 _."MMY/���SONNNOMMIMM . LEASE GENERAL THIS LEASE, Made this.._ first day of February --,19--42 BETWEEN Mr. Ron* A. bargee to Saint Tropes Restaurant 3012 Newport glvd. Newport Basith, Calif. 92660 AND Lafayette Waterfront Properties 14 Lafayette Avenue Newport Besot Calif. 92660 Lessor (whether one or more) Lessee (whether one or more) The Lessor does hereby lease to the Lessee, and the Lessee does hereby hire and take of and from the Lessor, ftso premises described as: Sins of the waisting parking spaces in the parking lot at 3612 Newport Slvd. Newport beach. California with the appurtenances, for the term of Four Years , commencing on the ', May day of , 19 72, and ending 76 on the nth day Of May , 19 at the total rent or sum of $1440.00 Dollars, payable In cash in advance on the ---5th _ day of each and every calendar month of said term in equal monthly () payments of Th I rty Dollars, The** spaces to be used only between the yrs of 8 A.M. and 6 P.M. on weekdays ( ndawy-Fr I doy ) Less** agrees to "hold harmless" Lessor from all responsibility for cars parked In the six spaces between the hours of 8 AM and 6 PM. . on weekdays Monday thru Friday. Should claim be made Lessee agrees to pursue settlement In a business like manner and provide a copy of the written release to Lessor. The Lessee hereby covenants to pay the Lessor the rent, herein reserved in the manner herein specified, and not to make or suffer any alteration to be made therein without the written consent of the Lessor. It is agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein con- tained, then it shall be lawful for the Lessor to re-enter the said premises and to remove all persons therefrom. LEASE-GENERA L-WOLCOTTS FORM 982 -REVISED 8-60 10,04 10 i At the expiration of the term or any sooner termination of this lease, the Lessee will quit and surrender the premises` hereby leased, in as good order and condition as reasonable use and wear thereof will permit, damages by the elements excepted. Es If the Lessee shall hold over the term with the consent expressed or implied, of the Lessor, such holding shall be construed to be a tenancy only from month to month.00 c -i f�rn k.i.✓ C) IN WITNESS WHEREOF, the d parties have,hereuntose eir hands and seals the day and year first above written. Gene V. Christensen 6758230 Latayetto water rant rr rtras covers most usual prowems m isle nela malcarea. netore you sign, read it, nu m all bianks. proper to your transaction. Consult a lawyer if you doubt the form's fitness for your purpose. F • S V a 0 c� F.XRTR TT nn u (nj _, C, A /J 6— �i a C, 9 V Nnr�ln S V a 0 c� F.XRTR TT nn u (nj _, w C7d6 1'o 7fi24 to kaBWITZI '; 02' `S`4," !'v 1C C.t. W Tom. CT :DW Ali N,�+.�A,! ����.,,�'��gyiE��ZyAy��C��"tyyi ;;l:,yyt ;;TT � :?i2; I (y3p�°i'�fpm s�{ >liRya:3y_ .fz; <: Y OF a< )RT DUV3 Am iar"YXI41'TTit 1"b r aw" 6 ,: "4: -t-'ays0tt.a ilatMOXV at DMOA—rti M is tlVx OWA'1131- of that ce--t:as n real proTxtrV,, sn.,,stod in the cjmy ,: rev port UO&Ch described at 261-4 :� <a �:�t��� e?ys.3 Mme, Larayatte 'IlaccnL fro;-1t . '*rgx+&rti s faro "I�-Z 'CO operate an '>Ilfice b"ldinj on ",it m s? ?Jtct. proam n,; Nv_"Et"AA+S,, thca Newport 740'?cll a3 total of six parkLnq spaces to be p -axw- .mod : ^'a sits:, to a :e a- mdatte the intemuo use of the of icy vwaams,. LaTayotte 'Waterfront. z rq,,)erties has axrrangaad to least certain property located at 3m xew ,ort oulervard for he j�S:rpooe of �:rcmii�.}jK off-gi,te �Tai:,...ng it :.cnnection with the propost-d office builrlingy amA rfmloms„ tho Planniw? Cotraission of the city of Newport Booth on January 6. 1 =372 approved the use of the property loo %te.i at 2814 La5altatte for an office building in an N,-1 'Aetrict, u4iereby the number of code - required, ors -site parking spaces sq:aax uaivee +rsci sa3 t *mot a.a a�yette Waterf -mat Propertiva c taSn$ ,�uf ficiant off -site �r rkiaq apaces pursuas,,t to sqrsmant satisfactory to V City, and ae Pmr My C''18 City Councils '+TEM, VW:btMAL, SZE IT i3Wt3LVLL) th t than City Council mIrproves said leaasee arr"gm ent betwe4c, X.arayfatte :waterfront Proverties and thsa owners of the pr ocerty locatej at 3012 Newport Boulevard, whereby 14rayette Waterfr6ut. FroD4rtiesa will proviale six parking spacese, thereon between the hours, of as A.k,. -ard fi OC, P.V'. koaday t2ss"h .Pridaey for tem exclusive use of the proposed office building. -1 - are hei aby m*z bails" Rqavment on beh?At ofa X)OPUSZ tldl� RITESTv ukd dir*ctad to the City of Me day of t%e gayor and city Clark azeauts the oM-site packitq rt S"ch. Via JrB dw- 2/11.1112