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HomeMy WebLinkAboutC-1638 - Off-Street Parking AgreementCITY OF NEWPORT, BEACH CALIFORNIA T)ATL July 17. 1974 TO: FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. Description of Contract Off-& Spaghetti Bender F40 b IS, Authorized by Resolution No. *091 adopted on S -24-74 Effective date of Contract Al b, 197a Contract with JOy�� rt I Un-anon F_ Pw�ini Amount of Contract G city fte City Han 7700 W. Newport Blvd. Area Code 714 677 -2110 —E 0 0 July 17, 1974 Joyoe Hoskbwon and Lorenzo E. Pa sini 9 Owners Spaghetti Bender Reateurent 6204 West Coast Highway Newport Beach, CA 92660 Subject: off - Street Parking Apes ent C-1638 Attached is a copy of the agreement with the City of Newport Beach for Off - Street Ps:rking with the recording iafaruatfan received from the County Recorder's office. This agreement was authorized by the City Council an June 24, 1974 by the adoption of Resolution No. 8295. Doris N. George Deputy City Clerk VA enc. cc: City Attorney t iILEASE RETURN 70, ' RF 0 [AURA L:.3108, CITY CLERK O CITY OF id" "; F- -_ifa` C:_ :3CH PUF�fB 9300 NE, ^?O::T GOULEVARD by 29829 NEWPO14 BEACH, CALIF. 92660 EXEMPT C8 OFF -SITE PARKING AGREEMENT BI(I 1183P6 1 833 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. SIN 28 1974 L. WYLIE CARLYLE, County Recorder THIS AGREEMENT is made and entered into this X r 7-H day of z4),yE , 1974, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and JOYCE HOSKINSON and LORENZO E. PASINI, hereinafter referred to as "OWNERS ": W I T N E S S E T H: WHEREAS, OWNERS hold title to that certain parcel of real property located in the City of Newport Beach referred to as portions of Lots 3, 4, and 5, Block 2, Seashore Colony Tract, more commonly referred to as 6204 West Coast Highway, Newport Beach, California; and WHEREAS, OWNERS operate a restaurant business on said property; and WHEREAS, on October 18, 1973, the Planning Commission of the City of Newport Beach granted to OWNERS Use Permit No. 1694 to permit the expansion of the existing restaurant; and WHEREAS, one of the conditions of said Use Permit approval was that there shall be no food or beverages served in the outdoor patio area unless additional parking sufficient to meet Municipal Code requirements is acquired to permit the use of this area for dining purposes; and WHEREAS, OWNERS desire to use the patio area for dining purposes pending the expansion of said restaurant; and WHEREAS, the Newport Beach Municipal Code will require a total of twenty -two (22) parking spaces to be provided to accommodate the seating capacity in the dining room and patio area restaurant; and y , gym° y n 4 • • 1111 83?G 1834 WHEREAS, there are presently six (6) parking spaces existing on the subject parcel of property at 6204 West Coast Highway; 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, OWNERS have entered into a lease of certain real property located immediately to the south of 6110 West Coast Highway, Newport Beach, California, more particularly known as a portion of Lot 14, Block 1, Seashore Colony Tract, and propose to provide a portion of the required parking for the restaurant on said leased property. A true copy of that lease is attached hereto marked Exhibit "A" and incorporated herein as if fully set forth; and WHEREAS, there are presently sixteen (16) parking spaces existing on the leased property as shown on the diagram attached hereto marked Exhibit "B" which is incorporated herein as if fully set forth; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. The term of this agreement shall be for a period of six (6) months from the date of its execution. Upon presentation 1 by OWNERS of proof of substantial compliance with the conditions of Use Permit No. 1694, the Community Development Director shall have the authority to extend the term of this agreement. 2. For so long as food and beverages are served in both the main dining room and adjacent patio area of the restaurant located at 6204 West Coast Highway, Newport Beach, six (6) parking spaces will be provided on site..and.sixteen (16) parking spaces will be provided on the lot located immediately to the south of 6110 West Coast Highway, Newport Beach for the exclusive use of customers and business invitees of the restaurant. -2- i 0 A 1 183PG 1835 3. In the event the lease on the property located imme- diately to the south of 6110 West Coast Highway, Newport Beach, California, should be terminated for any reason, OWNERS shall immediately thereafter obtain additional off -site parking spaces satisfactory to and approved by the City in order to meet the Municipal Code requirements existing at that time. If OWNERS are unable to obtain substitute parking facilities, they shall close those portions of the restaurant for which they do not have sufficient parking. 4. At such time as the proposed restaurant expansion occurs, the parties hereto shall execute an amended off -site parking agreement to provide for the increased parking which will become necessary because of the increased seating capacity of the proposed restaurant. 5. This agreement shall run with the real property described herein 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 the CoRp„of Orange, State of California. ATTEST: n ITY OF NEWPORT BEACH By: City Clerk Mayor CITY APPROVED AS TO FORM: JOY E 160SKINSON Assistant City Attorney LORENZO E ASINI J OWNERS -3- • 0 • • STATE OF CALIFORNIA ss County of ORANCE BK 11183PG 1836 On Jame 257 1974. before me, the undersigned, a Notary Public in.and for said State, personally appeared Donald A. - McIimis known to me to be the Mayor and Laura known to me to be City Clerk of t�— municlpa 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. DOROTHY L. PALL" _ NOTARY PUBLIC.CALIFORNIA PRINCIPAL OFFICE IN a ORANGE C0UNT1977 su.. Commission EXPlres STATE OF CALIFORNIA BB County of 02AAXG -t ) Notary Publi n and for said State On �U N L coy, before me, the undersigned, a Notary Pub c in and for dald State, personally appeared [ ('�Z�c ZCJ G known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official se MARGARF7 L HARPER Nofery Public . California 0 ormigo Count, My Commission Expiros August 25, 1976 ,YVVC - STATE OF CALIFORNIA /� ) ss County of OP R-A) E ) On � L)A) C before me, the undersigned, a Notary Pijblic in and fof said' State , personally appeared SO �/ C c= 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. =qMARGAR1,.T HARPER California uMV NO ry llc in an for ld Expires State 197b ME v • X H I B I T "A" GROUND LEASE 00 BK I 1 183PG 1837 This Lease, made this 13.6 day Of by and between JOHN 11ULLINS, JOANNE 'MULLINS. MADRIENNE, K. FLORANCE and JAMES J. FLORANCE, herein referred to as "Lessors" and JOYCE HOSKINSON and LORENZO E. PASINI, herein referred to as "Lessee." 1. LEASED LAND. For and in consideration of the payment of the rent and of the performance of all of the covenants and conditions of this lease by Lessee, Lessors hereby lease to Lessee that certain parcel of land situated in the City of Newport Beach, County of Orange, State of California, more particularly described as that vacant sixty feet by seventy -five feet parcel of land located immediately to the south of 6110 Pacific Coast Highway, Newport Beach, California, such being a portion of Lot 14, Block 1, Seashore Colony Tract. 2. TERM. The term of the said lease shall be for two years, commencing on the 15th day of May , 1974, and ending on the 15 th day of May , 1976, except that Lessors shall have the option to sooner terminate this lease on written notice at least sixty (60) days in advance of the earlier termination date, on the terms set forth hereinafter. 3. RENTAL. Lessee agrees to pay to Lessors as rental for the use and occupancy of the leased land under this lease,.the sum of $1,200.00.per year, payable in ad- vance. In addition thereto, Lessee shall pay all real property taxes and assessments ten days before the due date thereof. 4. USE. During the term hereof, Lessee shall use and occupy the premises only for the parking of automobiles and related uses. 5. EASEMENTS. Lessors shall have for ingress, egress and parking, to and.over 6. IMPROVEMENTS. Lessee shall mal on the leased land-without the prior written Lesson; except that Lessee shall, at its sole top and stripe said leased land. an easement the leased land. ce no improvements consent of expense, black- 7. REPAIRS AND UPKEEP. Lessors shall not be -required or obligated to make any changes, alterations, additions, improvements, or repairs in, on or about the leased land or any part thereof, during the term of this lec,se. At all times during said term, Lessee shall, at its cuss and expense, keep and maintain said leased land and all improvements thereon and all facilities appurtenant thereto, in good order and repair and safe condition, and shall keep all inprrovements thereto and landscaping thereon in a clean, sanitary, orderly and attractive condition; and Lessee shall make any and all additions to or alterations or repairs in and about said land and the improvements thereon which may be required by and shall otherwise observe and comply with all pudic Laws, ordinances and regulations from time to time applicable to said land; and Lessee shall not allow any debris or rubbish to accumulate on the leased land; and Lessee shall not store any hazardous materials or chemicals on the leased land; and Lessee shall indemnify and save harm - less Lessors against all actions, claims and damages by -1- .� ,; t 8K 11183PG 1838 reason of Lesse Alure to comply with a Oforn the provisions of this paragraph. S. LESSORS' NON- LIABILITY. Lessors shall not be liable for any loss, damage or injury of any kind or character to any person or property arising from any use of the leased land, or any part thereof, or caused by any defect in any building, structure or other improvement thereon, or any equipment or other facility thereon, or caused by or arising from any act or omission of Lessee, or any of its agents, employees, licensees, or invitees, or by or from any accident on said land or any fire or other casualty thereon, or oc- casioned by the failure of Lessee to maintain the premises in a safe condition, or arising from any other cause whatsoever; then Lessee, as a material part of the consideration of this lease, hereby waives on its behalf all claims and demands against Lessors for any such loss, damage or injury of Lessee, and hereby agrees to indemnify and hold Lessors entirely free and harmless from all liability for any such loss, . damage or injury of other persons, and from all costs.and expenses arising therefrom. 9. INSURANCE. Lessee shall, at its sole cost and expense, at all times during the term of this lease, maintain in force.for the joint benefit of Lessors and Lessee, a broad form comprehensive coverage policy of public liability insurance by the terms of which Lessors and Lessee are named as insured.and are indemnified against liability for damage or injury to the property or person (including death) of any Lessee or invitee of Lessee, or any other person entering upon or using the leased.land, or any structure thereon, or any part thereof, arising from the use and occupancy thereof. Such insurance policy or policies shall be maintained on the minimum basis of $25,000 to property and $100,000 for bodily injury to or death of one persons and $300,000.for bodily injury to or death in any one accident. Such insurance policy or policies shall be stated to be primary but non - contributing with any insurance which may be carried by Lessors and Lessee shall deliver to Lessors on demand the certificate of each insurance carrier as to each such insurance policy. Failure to deliver such certificate of insurance on demand.shall give the right to Lessors, at its option, to declare on three days' written notice, this lease null and void and of no further force and effect. 10. ASSIGN1,2NTS AND SUBLETTING. Lessee shall not en- cumber, assign or otherwise transfer this lease, or any right or interest hereunder,.or in or to any of the improvements that thereafter may be constructed or installed on the leased land, and Lessee shall not sublet said premises in whole or in part without the prior written consent and approval of Lessors. 11. HOLDING OVER. This lease shall terminate and become null and void without further notice upon the expiration of the term specified, and any holding over by Lessee after the expiration of said term shall not constitute a renewal hereof, or give Lessee any rights hereunder or in or to thr leased Land, except as otherwise herein provided, it bcin; understood Lad agreed that this lease cannot be renewed, extended or in any manner modified except in writing signed by both parties harato. 12. TERMINATION. In the event Lessors termi: ate this lease prior to the expiration thereof, they shall reiL : -burse Lessee a pro -rata portion of its actual cost of blacktopping . and striping the leased land. -2- 00 •! BK 1 1183P61839 13. ATTORNEY FEES. In the event either party re- tains an attorney at law to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney fees and costs. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed and effective as of the date and year first above written. JOHN MULLINS_ MADRIENNE K. FLORANCE JO <MULLINS, Her Attorney In Fact M JOANNE MULLINS JOHN MUL INS, Her Attorney In Fact JAMES J. FLORANCE By JOHN MULZLINS,His Attorney In Fact LESSORS BY JOYCE HOSKINSON LORENZO E. PASINI LESSEE -3- 1974. 00 FIRST AMENDMENT FIRST AMENDMENT TO LEASE dated •0 BK I I 183PG 1840 14. DAMAGE: Lessee shall be responsible to Lessors for additional damage caused to the appurtenant premises and/ or structures on account of Lessee's use of the leased premises, whether such damage is caused by Lessee or others. Dated: May 15 1 1974. JOANNE MULLINS B JOHN MULLINS JOHN MULLINS, Her Attorney In Fact MADRIENNE K. FLORANCE JAMES J. FLORANCE B B JOHN MULLINS, Her JOHN MULLINS, His Attorney In Fact Attorney In Fact LESSORS B -JOYCE HOSKINSON B LORENZOA E. PASINi LESSEE I I 83PG 1841. IX- I. , � . :, . - I I I I I - 1. .... . - I I - I 1 11 11 .-,. Ilk �� j� YMNG, OR P.-dNI N�: uivii. It" tz 0 0 CITY OF NEWPORT BEACH CALIFORNIA City Hall JMG 279 1974 3300 W. Newport Blvd. Area Code 714 673 -2110 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is 0!! -$ift PiHdig Amt from JWM MSWLr m and Ia mm E. Point for pwkiag purposes. —r Authorized by Resolution No. 6296. City Manager authorized by Resolution No. 6773 to accept easement deeds. x A.;~ Laura Lagios City Clerk LL:swk enc. 00: JWm Haddm o srd lmwm E. Pm4ni 62014 Nest Omt HI&W 8nadh. G 92660 0 9 RESOLUTION NO. 829 5 JUN 24 1974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF By fhs CITY COUNCIL AN OFF-SITE PARKING AGREEMENT BETWEEN THE CITY OP M"N"O R ITY OF NEWPORT BEACH AND JOYCE HOSKINSON AND ORENZO E. PASINI IN CONNECTION WITH THE SPAGHETTI BENDER RESTAURANT WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain off -site parking agreement between the City of Newport Beach and Joyce Hoskinson and Lorenzo E. Pasini, in connection with the Spaghetti Bender Restaurant; and WHEREAS, approval of said off -site parking agreement is one of the conditions attached to Use Permit No. 1694, which would allow for the ultimate expansion of the subject 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, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said off -site parking agreement 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 24th day of June , 1974. Mayor ATTEST: City Clerk DRB/bc 6/20/74 i i w ..: :... ....8.: a..