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HomeMy WebLinkAboutC-1651 - Off-site parking agreementf As of 2 -2 -75, the CA's office reported that Atlas Off -site ping agreenent is still limbo. Dm / 5 ��I 11r OFF -SITE PARKING AGREEMENT THIS AGREEMENT is made and entered into this day of . , 1974, by and between the CITY OF N04PORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and ATLAS HOTELS, INCORPORATED, hereinafter referred to as "ATLAS ": W I T N E S S E T H: WHEREAS, ATLAS proposes to operate a hotel facility, including restaurants, meeting rooms, retail shops, banquet rooms and recreational facilities on the following described real property: Parcel 1 of Resubdivision No. 457 as recorded in Book Page , Records of Orange County, California; and WHEREAS, on August 1, 1974, the Planning Commission of the City of Newport Beach granted to ATLAS Use Permit No. 1725 to permit the construction of said hotel facility; and WHEREAS, one of the conditions of said Use Permit approval was that ATLAS provide 130 off -site parking spaces in addition to the parking spaces to be provided on -site; 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 r WHEREAS, ATLAS has entered into a parking covenant with Koll Center Newport, a California limited partnership (KCN), whereby KCN agrees to lease to ATLAS 130 off -site parking spaces on Parcel 2 of Resubdivision No. 457 for so long as the hotel to be constructed by ATLAS is in existence. A true copy of that parking covenant is attached hereto marked Exhibit "A" and incorporated herein as if fully set forth; -l- II NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. For so long as the hotel to be constructed by ATLAS is in existence, 130 off -site parking spaces will be provided by it on Parcel 2 of Resubdivision No. 457 for the use of customers, employees and business invitees of said hotel. 2. In the event the parking covenant between KCN and ATLAS should be terminated for any reason,.ATLAS shall immediately thereafter obtain additional off -site parking spaces satisfactory to and approved by the City in order to meet the parking require- ments for said hotel. If ATLAS is unable to obtain substitute parking facilities, it shall close those portions of the hotel for which it does not have sufficient parking. 3. 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 County of Orange, State of California. ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney CITY OF NEWPORT BEACH By: Mayor ATLAS HOTELS, INCORPORATED By: a, t By: -2- STATE OF CALIFORNIA.) ss COUNTY OF ) On before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the Mayor and known to me to be City Clerk of the municipal corporation that 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. Notary Public in and for said State STATE OF CALIFORNIA ) ss COUNTY OF } On before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the President, and known to me to be 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 corpora- tion executed the within instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS.my hand and official seal. Notary Public in and for said State 4k , -3- E .X I3 I B I T "A" RECORDING REQUESTED BY AND 97HE S RECORDED RETURN. TO: KOLL CENTER NEWPORT A100 MacArthur Boulevard Ne�port Beach, California 92660. THIS AGREEMENT, made by and between KOLL CENTER NEW PORT, i a.California Limited Partnership, ( "KCN "), and ATLAS HOTELS, INC., . ( "ATLAS "), is predicated upon the following: . RECITALS 1:: On August 1, 1974, The Newport Beach Planning Com- mission-approved Use. Permit No. 1725 for Atlas Hotels, Inc. permit- ting::the construction of a thirteen story hotel facility.includi.ng restaurants,.meetirig rooms; retail shops, banquet rooms and recce - ational facilities on Parcel l of Resubdivision No. 457 ( "Parcel 1 "), located.in Koll Center Newport; as shown on the parcel map attached hereto as Exhibit A. 2. As a condition to approval of Use Permit No..1725 the Planning Commission required that an off -site parking agreement he executed between Atlas and the City of Newport Beach providing 1'30 additional parking spaces after 6:00.P.M.. for use b Atlas . P g P � Y patrons_; 3.. KCN hereby agrees to provide Atlas said additional parking spaces on Parcel 2 ( "Parcel 2 ") of,Resubdivi.sion No. 457, which Parcel is owned by KCN. For good and valuable consideration, receipt of which is hereby acknowledged, KCM hereby agrees and covenants as follo:rs: 1. on or before the date when Atlas co -Metes and commences operations of a hotel on Parcel 1 pursuant to Use Permit No. 1725, KCN agrees to construct or have constrliCted and provide at least 130 parking spaces on Parcel 2 in a location immediately adjacent to the Southwesterly boundary of Parcel 1 for use by patrons of Atlas on. Parcel 1 after 6:00 P.M. daily. Said parking spaces shall be maintained for as long as the hotel constructed by Atlas on Parcel 1 is in existence. 2. This agreement is for the benefit of Parcel 1 and shall. be binding on KCN and all its successors or assigns and shall be recorded in the office of the County Recorder of Orange County. Executed August 1974 ATLAS HOTELS; INC. KOLL CENTER NEWPORT, a California_ limited partnership By By Donald M.' Koll, a general partner STATE OF CONNECTICUT) ) COUNTY OF HARTFORD ) On , 1974 before me, the undersigned a Notary Public in and for said State, personally appeared known to me to be the of A E PROPERTIES, INC., the corpor- ation that executed the within instrument and. known to me to be the person who executed the within instrument on behalf of the corpor- ation, said corporation being known to me to be one of the General Partners of KOLL CENTER NEWPORT, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such General Partner and that such partnership executed the same. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA) ss. COUNTY OF ORANGE" ) On 1974 before me, the undersigned' a Notary Public in and for said State,.personally appeared Donald M. Koll, known to me to be one of the General Partners of KOLL CENTER. NEWPORT, the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Notary Public in and for said State t,. _ .: .:i i '•I -�� a� `�/ i:E5G30Fi{3i�i9 by A:: IiJ TL_ CITY 0.� M 'i7p :T b A H, COI: NTY OF 01L%:l 2, S TAT C Di: C „L IF0,1NIA DEUV'; LOT G A:;D A FOR TICS GF LOT S 3r TRACT lYS3, M.M. BOOK 3[0• j PAOEE 7-11, RECO�D5 OF CRANGE COUNTY,CALIFORFI!A. I; RAU}3 • CEiN • FROST AND ASSOCIATES - ? L'J'TY `PrG %/;'EER CERT /f /C, +TE SURVEMA"S CERTif /C;;TE ' J THI -S 11 AV LS ::BEN 'c X.R.tIN' -D TI!15 _OAr CF__ _ ,I9 }F, THIS NAP WAS PREPARED OY UE CE G::DEP. MY O4ECT:JN A30 15 CAtO i FCA C;n F0l 11AtiCE WITH THE RECUI."'.EMENT3 GF SECTION II'i75 OF UP;N A FIELD SW:VEY 64 MSFORLIANCE VIWA THC HflDU{NE FA<IaS OP ( TN_ S�UU:Vi SLO.4 MAP ACT. THE SD3DIViSICN 14A'JAGT AT III” REQUEST IF 7H_ KOLL C;NFER N_vi• 1 PORT IN FEFRUARY, Iv:4. 111: r;EDY CERTIFY TIIAT THIS LIAP TO THE APPROVED TENTATI'; F MIAP AN9 THE C:il!dlTION5 4 LIENJ�MIN D NOLnN, RC E.I2JJ5 TNEREOFI THAT ALL PAD'115I)NS OF APP ILABLC STATE LAW A4 LOCAL CITY ENGINEEl, CITY OJ NEs9>ORT 3EACH ORDINANCES HAVE BEEN COMPLIED WITH. A CERTIFICATE , R 1 EXA11iNED A40 APPROVED. DATED THIS—DAY DF ,1:74. WILLIAM J �OS'f,'L 5.3109' ^!:'n LL Z: gy ' C,V::1 Y DCPUTY Iro ]ID tm C: Few 0' L!4x 0 Hot. M1 ' t!'yUii NII) M! \\)!iA i.4G1 LIL1. M M.I IJjll 1) ��° 4 }Q•pY }5 � wlYilwV1Y]j YFTC A•Iwoea'� IvLL_' p' S•py +T ..y IL enrorrr ii nu �i•rA lr' ..za n•rl +x.1Y """)y���, ,`Ea SIttEE IEaPC�\-/ �' ;ymo L•]>ar of 1, DCZ. Alaw R vV 3S 359\ C` p •N7 --1 s MYIS' I -Y Ia'srlI3_1w e }re .6 PARCEL e s==y v �j 3 _Ik e_ °= a FXl O 51 + ^ 9 L ^,�iMH /� :: nom :n \. L'4 JM �` �� �i PARCEL 2� ••4Y5' 5.6L I� 1 a3 '� ((1 A•4 L•]' r ti: fi S y� a e z —D£iA1L (= c U v SgN££T 2 v^ e .44 zz- n. L / wry/• *''r,.� � \ 1 I I P 3 5. 11 N It PEACITY LNGIN EER'] LE DOaK Z,PAiE et. SC ])B OTY 6= N!wPoti iEACN W!: Enact Ps CTYEN];WI:NSTCH NARK i,P.GE E1v:n FE 0.'] TIE DOOR Y, PROF Bt. BASIS OF BEARINGS THE FE;RIN5S S ^COY HEP -e ON ARE BASED ON THE CENTERLINE OF MACAR THOR BOULEVARD BEING NS'59'31 -W, AS SHOWN ON TRACT 1953, MISCELLANECUS MAPS 310 /7 11(1X[1.), RECORDS OF ORANGE COUNTY, CALIFORNIA. 4' Iy, !� s w� t-- X60 CURVE DA: A - O Nb'S9'31'P' 1.1:1• OZ 6.10.1173• R•3WCO• L- 70.49f O3 N30.13T9'W 73.79' 4Q 6•!1.19'31• R•110.OD• L•E0.14• OS 6.94'FV31' R•M.00' L•111.S4• T•1661Y NOTE THE PURPOSE OF THIS PARCCL MAP IS TO COM6I41 TWO FXISTIND LOTS OR PORTIONS THEREOF INTO ONE MEW PARCEL. MONUMENT NOTES – AMDICATE3 F0.1•LP. 7AGGED•L.S.3!O9'PEA TR.7953. –13 INDICATES F0. Z -LY. TAGGED'L 5.311.9'PEA P.M bIll $ INDICATES TO STO CITYOFMENPORT BEACH MON.(YORASS CAPIMWEL.L) PER T.R. 7953. –9 INDICATES F0. SPIKE W(ORASS WASHER STAMPED 'L.S- 3:D4'PER TA TTS3, SET 1'IRTAGGED'L.5.L09 -ATALL PARCELCOANERS UNLESS OTHERWISE NOTED.