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,.
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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
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1 EXA11iNED A40 APPROVED. DATED THIS—DAY DF ,1:74. WILLIAM J
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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.
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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.