The URL can be used to link to this page

Home My WebLink AboutC-1484 - Off-Street Parking Agreementto 46 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE Seoteaber 27, 1972 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C -1484 Authorized by Resolution No. 7792 , adopted on _AyMMt 28, 1972 Effective date of Contract _AyMat 28, 1972 Contract with TN m Strauss/7 e Galley Reetaurent Address 810 E, Balboa B1 3., Balboa Amount of Contract See attached lease with isomer M. Seth city le c ' Ob September 27, 1972 Mr. Lynn Strauss The Galley Restaurant 810 E. Balboa Blvd. Balboa, CA 92661 46 Enclosed is a copy of your agreement with the city for off -site parking. This agreement was sent to the county Reoarder and the recording informntic;n is listed in the upper right hand corner. the agreement was approved by the City 00uncil cn August 28, 1972 by the adoption of Resolution No.7792. Laura Lagios City Clerk LL:swk enc. CITY OF NEWPORT BEACH CALIFORNIA Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is 0Mg4te Parking Agrialnmt from 14mn gtrm.ae for parking purposes. Authorized by Resolution No. 7782 City Manager authorized by Resolution No. 6773 to accept easement deeds. Laura Lagios City Clerk LL:swk enc. City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 • PlEASE RETURN TOE _ l7.URA L, <.GIOS, CITY CLERIC CITY OF I jaVPO'RT BEACH $300 NEWPORT BOULEVARD NEWPORT BEACK CALIF, 92"D p '4 1 SO A G R E FREE 1..�. J E M E N T - Q N ED IN OFFICIAL RECORDS O NGE COUNTY, CALIFORNIA 9:05 A.M. SEP 6 1972 J. WYLIE CARLYLE, County Recorder THIS AGREEMENT, made and entered into this X7,8 fV- y D day of A drry5i , 1972 by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and LYNN STRAUSS, hereinafter referred to as " STRAUSS;" W I T N E S S: I WHEREAS, STRAUSS operates a restaurant on that certain real property located in the City of Newport Beach, referred to more particularly as Lot 10, Block 11 of Balboa Tract, and more commonly known as 810 East Balboa Boulevard, and WHEREAS, Dr. Robert Andrews is the owner of that real property referred to above; and WHEREAS, the Newport Beach Municipal Code requires that a total of 15 parking spaces be provided on that site to accomo- date the restaurant use; and WHEREAS, there are presently no parking spaces existing on that parcel of property at 810 East Balboa Boulevard; and WHEREAS, Section 20.38.040 of the Newport Beach Municipal Code provides for off - street parking on a separate lot provided certain conditions are satisfied; and WHEREAS, STRAUSS has entered into a lease (which is at- tached hereto as Exhibit "A ") of certain property located at 608 East Balboa Boulevard, and STRAUSS proposes to provide the re- quired parking for the restaurant use on said leased property; and WHEREAS, the location of the restaurant use and the proposed off -site parking lot are shown on a map, attached hereto as Exhibit "B" and by this reference made a part hereof; and WHEREAS, at the meeting of July 3, 1972 the Planning Commission of the City of Newport Beach amended the conditions of approval for Use Permit Application No. 1562 to allow o ,site \ parking for the restaurant use; ` 0i(.r. � � 12 PA[E7U0 NOW, THEREFORE, IN CONSIDERATION of the approval by CITY of STRAUSS' use of the property at 820 East Balboa Boule- vard, Newport Beach, as a restaurant, and in consideration of approval of the leased property described above as an off -site parking lot to be used to provide the required parking spaces for the 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 located at 810 East Balboa Boulevard, Newport Beach, is occupied by the restaurant, 15 parking spaces will be pro- vided on the lot located at 608 East Balboa Boulevard, Newport Beach, for the exclusive use of the customers and business in- vitees of the restaurant. 2. In the event the lease on the property at 608 East Balboa Boulevard should be terminated for any reason, STRAUSS will immediately thereafter obtain additional off -site parking spaces satisfactory to and approved by CITY in order to meet the Code requirements existing at that time. If STRAUSS is un- able to obtain substitute parking facilities he shall close the restaurant at 810 East Balboa Boulevard, Newport Beach. 04 and it shall be recorded in the office of the County Recorder of the County of Orange. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above writ APPROVED AS TO FORM: DR. ROBERT ANDREWS (OWNER) kssV. ity Attorney MAYOR i 1 / . DRB dm CITY 'CLERK 8/24/72 -2- CITY LEASE Uk, 10312 FaiT8.1, GENERAL THIS LEASE, Made this day of Z 19_zz BETWEEN Lessor (whether one or more) AND 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, those premises described as: &I - with the appurtenances, for the term of commencing on the day of 19--Z2, and ending on the /day of M� at the total rent or sum of__�� Dollars, payable S in advance on the day of each and every calendar month of said term in equal /7, L2 L payments of 1„ 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 th "ef pm', LEASE-GENERAL-WOLCOTTS FORM 982-REVISED 8-00 X H % IINIT 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. 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. W N ^d CCU N IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. Ibis standard loan coven most wait emblems m the field indicated. Belore you sf fin, read it, fill in all blame, and make changes proper to your tmnsachon. Cod.ult a lawyer if you doubt the form'. fitnes. for your purpose. 1 0312 ?a,1783 E)(H It rr `a" SEE MAP N0, /C !45 �� e� � 0 tla d' /o1 / o '�'q 19 r E p A A >n n -j I A F, ox . i . , 0 > rT m z ej (z b s4E MAP MJ. 1Z E)(H It rr `a" 103 1 Z rw« 784 STATE OF CALIFORNIA ) ss County of OnLbefore me, the undersigned, a Notabry Al.rto Public in anaid State, personally appeared A" known to me to be the person whose name is subscri]5EW to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. ........... .................................. .. •..... DOROTHY L. PALEN Notary Public ®R,' State rr California Pnnapai Office In Orange County S My Commission Expires Feb. 9, 1973 i • ... . ..r. STATE OF CALIFORNIA ) ss County of Orange ) Notary Puljlic in and for said State On August 28, 1972 before me, the undersigned, a Notary Public in and for said State, personally appeared Dr. Robert Andrewp 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. h JOSEPHliNE A TURNER NOTNP > >Li� CALIFOr "w AN ° COUNTY `IVCO a ,ys I Expires F.b.l4, 1976 ' STATE OF CALIFORNIA ) ss County of ORANGE ) On SEP 1 1912 before me, the undersigned, a Notary Public in and for said State, personally appeared DONALD MCINNIS, 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 named, and acknowledged to me that such municipal corporation exe- cuted the within instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. DONRLA D WEBS JR. Notary Public California { orenge County s My Commission Expires E4, October 2i, 1175 -3- DR13 dm 8/24/72 Notary Public in and for said State to r RES OLUT ION NO. 7 7 9 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND LYNN STRAUSS FOR OFF -SITE PARKING IN CONNECTION WITH USE PERMIT NO. 1562 WHEREAS, there has been presented to the City Council 1470 of the City of Newport Beach a certain agreement between the City of Newport Beach and Lynn Strauss for off -site parking in connection with the requirements of Use Permit No. 1562 for the Galley Restaurant; and WHEREAS, the City Council has considered the terms and conditions of said off -site parking agreement and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said off -site parking agrement above described is approved,' and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 28th day of August, 1972. Mayor ATTEST: City Clerk DON:mh 8/24/72