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
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city fte
City Han
7700 W. Newport Blvd.
Area Code 714
677 -2110
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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
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iILEASE RETURN 70, '
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[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
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• • 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
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• 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-
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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.
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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.
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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
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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
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