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HomeMy WebLinkAboutC-1672 - Off-Street Parking AgreementNovember 15, 1974 Green Medallion Nursery 600 West Coast Highway Newport Beach, CA 92660 Attached is a copy of the executed Off -Site Parking Agreement between the Gram Medallion Nursery and the City of Newport Beach. This agmmmt was recorded in the Oamty Peoorder's Office an November 41 1974 in Book 11279, Page 1844. Tha agat was authorized by the City Council on October, 29, 1974 by the adoption of Resolution No. 8375. ?sure Lagios, lqv City cleric LL:m* am. cc: Cxnmmity Development Departaient Wpn CITY OF NEWPORT BEACH CALIFORNIA City Mall 1300 W. Newport Blvd. Area Code 714 673-2110 DATE November 16 1974 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1672 Description of Gmtrect —Off-Site Puking Apvemvnt Authorized by Resolution No. 8375 adopted on October 29, 1974 Effective date of Contract October 31, 1974 Contract with Green mulalim NURSery Address 600 Wiest ODmt Highway Hmport Beach, CA 926* Pmount of Contract see agreement PLEASE PCTV N To,REQUt:S DI G RECORDED IN OFFICIAL RECU..JS LAURA !/�GIv, CITY CLERIC �� 15 A 6=EMT OF ORANGE COUNTY, CALIFORNIA "ry, or y.,.-..�,..O BEACH r 3300 NEy`v ila,T PiO LEVARD 9:05 A.M. NOV 4 1974 NEWPO"ff BEACH, CALIF. 92660 OFF-SITE PARKING AGREEMENT J. WYLlE CARl.YLE, COUl1$y REcOidEi' THIS AGREEMENT is made and entered into this day of cit. e T2 , 1974, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY", and GREEN MEDALLION NURSERY, INCORPORATED, a California corporation, hereinafter referred to as "GREEN MEDALLION". W I T N E S S E T H: WHEREAS, GREEN MEDALLION is the lessee of that certain par- cel of real property located in the City of Newport Beach, County of Orange, State of California, and described as Lots 14, 15, 16 and 17, Tract 1210, as recorded in Book 40, Pages 45 and 45, of the Miscellaneous Maps of the County of Orange, State of California, more commonly known as 600 West Coast Highway, Newport Beach, California. A copy of said lease is attached hereto, marked as "Exhibit "A" and incorporated herein by this reference; and WHEREAS, GREEN MEDALLION proposes to conduct a nursery business on said property; and WHEREAS, GREEN MEDALLION proposes to locate its structures on Lots 16, 17 and a portion of Lot 15 of said property, and to locate its parking on Lots 14 and 15 of said property; and WHEREAS, the Newport Beach Municipal Code requires that such an establishment maintain at least nine (9) parking spaces for the use of its employees and business invitees; and WHEREAS, on October 17, 1974, the Planning Commission voted unanimously to recommend to the City Council that an off-site parking agreement between the CITY and GREEN MEDALLION be approved which will guarantee that a minimum of nine (9) parking spaces be provided on Lots 14 and 15 of the subject property, NOW, THEREFORE, in consideration of the foregoing, it is agreed by and between the parties hereto as follows: w 1. For so long as the proposed nursery is located on the \4156ve-desc tained for, 1i1 �:531i tJ L:�j Vi F f bed real property, nine (9) parking spaces shall be main - t use of employees, customers and business invitees of -1- the nursery; 2. In the event the use of the parking spaces on Lots 14 and 15 of the subject real property should be terminated for any reason, GREEN MEDALLION will immediately thereafter obtain additional C" off-site parking spaces satisfactory to and approved by the CITY. If .00 substitute parking facilities are not obtained, GREEN MEDALLION shall -ph cease its business operations; 3. This agreement shall run with the real property described within and shall bind the heirs, successors in interest, 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date set forth above. ATTEST:) CITY OF NEWPORT BEACH C UY By: �� Cit Cl rk Mayor 4 APPROVED AS TO FORM: Assistant City Attorney STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) CITY GREEN MEDALLION NURSERY, INC. By: GREEN MEDALLION On October 31 , 1974, before me, the under- signed, a Notary Public in and for said State, personally appeared Donald A. 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 executed the within instrument pur- suant to a resolution of its City Council. WITNESS my hand and official seal. DOROTTfy LGA} ly d '1i' z �pJ;'j'YIN _ mmission=xoiras deb- 9, 197711 A-tez� aa -11,1_1 Notary Public 'n and for said State -2- STATE OF CALIFORNIA) SS COUNTY OF ORANGE ) ca On October 25 , 1974, before me, the under- signed, a Notary Public in and for said State, personally appeared Harold R. Hirsch , known to me to be the Vice President of the corporation that executed the within instrument, known to me -w to be the person who executed the within instrument on behalf of the Cr,', corporation therein named, and acknowledged to me that such corpora- �p tion executed the within instrument pursuant to its bylaws or a reso- lution of its board of directors. WITNESS my hand and official seal. ..,................. .............. P' w C` ^m!_ SFA L. LAGIOS JCTC,,,I.1- ORNIA {., IjNTY My COmmissiOn Exr.=i es f_;5rif 3, 1975 STATE OF CALIFORNIA) ) SS COUNTY OF ORANGE ) Nota y Public in a d fo said State On October 25 , 1974, before me, the under- signed, a Notary Public in and for said State, personally appeared Harold C. Hirsch , known to me to be the President of the corporation that executed the within instrument, known to me to be the person 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 bylaws or a reso- lution of its board of directors. WITNESS my hand and official seal. ci `s Notary Public in and Vr said State ^ITY MY,.,.._.a.....������ !� ..,1975.... Corrrn,iss�^r. -3- CALIFOR 3iA [ZEAL ESTATE ASSOCIATION STANDARD FO!Zbi EXHIBIT "A" E1)i5 3fi1bC11i rC2 made the ...._.._...14t -h . day af...September .._.....-.. ;�.. J. 74 between... J.. ___ ...... ------•..._....-..- ---------------------------•------------------------------- .._ ... ...... ..... and_....-••-Dlichael-H'--Hirsch.. ................... ---....... -----............................ ---------------- ....................... .._..._...--....... ........... ----------------------------------------------------•----------- --. � �t �, ...0 .iv.:, : u;?cd WITNESSETH, that the lessor does by these presents, lease Gnu dernise unto ii,..! t',, property situated in the ----- Newport Beach ..................... -----..._....._......__......--------•-----....------.....--- ........ ............. County of_.,_._�range___ Stafc of California, 600 W. Coast Highway, Newport Beach, California Lots 11f', 159 16 and 17 Tract 1210 three ears for the Term of__________ _________Y__,______ beginning.--Qj;:Ober... l9.7 - and er;din• Qct ober �,4 ........ 3 ...................................... ....- ............IY-77--- Thirt seven thousand. ei ht hundred and no//100 Y -77 --- for the total rent or sum oF. , ......................... ...... ----......-•----.....--..t...----..------- -------------------------------------------------------------•---------------•----•..__................... -- in lawful money of the United States of Americo, payable as follows, to wit: Lessee agrees to pay first and last months rent in advance which includes $300.00 to be applied to 'axes, Receipt of $1,050.00 is hereby acknowledged as deposit for First months rent on lease with balance of $1,050.00 to be paid on or before Gate of occupancy of said property for last mohhhs rent. Balance of rent includi taxes to be paid on the 15th day of each month until the entire sum of 37000.00 has been paid. ***See paragraph 21. Lessor agrees to grant Lessee an additional six year option with terms to be negotiated at time of exercising tamm option upon ninety day ._ written notice of desire to excercise option. All of said rent shall be paid at the office of ..... Jahn;actn... and..tS.on,..hincoln--_ Merc.ury. ..........:.... the agent of the less ar,__2626 Harbor Blvd. Street Costa P�tesa, California 82626 ............... •• ...... ..-....-- . California, or at such other place as may be designated by the lessor. IN ADDITION THERI-TO IT IS HEREBY AG '..:Ei) 'S FOLLOWS, TO Wil: First: That the lessee shall pay the lessor said rent in the ;r:: r;.ner her. u:L etor� i,� ,t,. 1, un -.l ,ii.:ii ,tint Icl Of underlet the whole or any part of said premises, nor self or as:,i Jrl this le.u:.e, ._;, r r •,ulunt.,c a .,r f.ti ruti:.n of law, nor allow said properly to be occupied by anyone contrary t.; the t,.rrns hereof, \,illu,ut the v.ritrei; ,:;,:; •rrt c.•f the ijsaor; Second: That should said rent be not paid when du,-- or should the I,�ssee default In u,:1 of lire ;rvenor,ts or conditions contained herein, the lessor, or his represeniclive. or ugant, rr,ey re-enter surd pe entfses cnd remove all persons Therefrom; Third: That the lessee shall occupy said demised pren;ises and shall kacp the some in (} )Ud canditioe, in,_lud;ng such improvements as may be mudu thereon hereafter, the usuci wear and tour ,.;nd ..:;nay, fry il,e eleu;enls cxcepted, and shall not make any alterations thereon without the ,i itten c..,>se;;l of the, le sur i-,nJ Shull nut curnnrit ;.,r suffer to bo committed any waste upon said premises; Fourth: Thut said premises sholl not be used by the lessee, nor unyone else, during ih,2 term he; cur cu any exten- sion thereof, for the sale of any intoxicating liquors, nor for any illegal or immoral purpose, +:nd thut possession of said premises by the lessee or his successors or assigns shall not b,-: con:,trued as conveying any Title thereto or ownership thereof; Fifth: That all Governmental laws and ordinances sholl,be complied with by the lessee; C� PRINTING Uh,,SA' ISFACTQRy fila CTC±CU444NI * Hzjj arrt��ll IN WITNESS WHEREOF, the les -or and the lw"e Ove executed Ns indenhue as I the day and year first above written. ._...._.... �� ------ -------- ........... ........... ............. ....... — ................. For Wm JW-, a L - WPFowa Ad EM" A"mMw,,. 520 So "rood A-- Lm Ao.40- (C.Py.r;g1,i 1928. Ly C.6t—,;. Racl EIWA,oci.h.n; Wil That the lessee waive, aH rights under Sedicir 1942 of the CWd Cam of CW 'n, %ssor frOITI any and all dot -no 9(is which imiy be sustained by the lcss,;e or uny other "rij two, n so, be if] panesonn of said premises; Seventh: That shoOd the occupancy of -,oij premise;, by be lessee, cause 10- present fire n -d %04y insurance roes opoicoble Werela, to be increased, the lessee shall pay the difference upon the U-T)aUr)j or fire orid hah,liti, insur- once now Why; carried by be lessor and' said diffemme shelf be in oddoon to We ama"t Wr react qmVed heroin and si,aii be;,cjid io thy!,��i5or upon demand; Pro QW, That should We lessor be compelved to commynce w sustain an action of lcN t,-; 11 r,r:tr pork a thereof or 1,D the lessee or to recover possession of saidprerriises. the lessee rr WlY st. 4sannection tl-.Pr ewith induding a rcasonao'le fee for the attorney of the ag --NM 103D WE That the woven by We imsoq Q -Y co—writ or cond;h,,o herek ccinUNed SO not vWYe the same or any other cu"nont or condlWon comladed herek, and that the lerns rind —dihon c=nVind hurem it oH apply to and Isind Mc lkwL SlAve"Ws and assign: of the r-spnKog with,:, hut ui,,; WAY V91 Jm%!j #be osee omuin %wj Wem;. , °s owr on yW,W,j, rjLjte consent o, the exptt:5sed or implied, such be :o,,j-wd w he a &nor,s, A,n, mo,k Wrn- rite ,d ,id jisss,e SON pay sad lessor for Wo niemkos In .., ati,950.00 .... PC nWIA for such P.Oud P5 s_. •d lessee may reniOn in possession thereof; DeierAh: fhat sold premikes shall .:nt be used by the �,see du,"y Q- trirm, •3f thiior other 'hen Nur sery .................. -- .. ........... ......... -- - ----- ------ ---------- ....purposes except with the written consent of the lessor; Twelfth! That at the expiration of surd to"n or We owner deter "Nution Mpreia.f. the lossee si:till pc-Occluily quit and surrender possession of said premises in ns rNod condithn as renwrv.,ble use coif r ee,r IhF-Irt-Of W!!j permit; Thirteenth: That oil words used heroin in the soguRit number shall include thY plurol and the tense shall include the future and the masculine gender shall WAS IN QmWe and neuter. IN WITNESS WHEREOF, the les -or and the lw"e Ove executed Ns indenhue as I the day and year first above written. ._...._.... �� ------ -------- ........... ........... ............. ....... — ................. For Wm JW-, a L - WPFowa Ad EM" A"mMw,,. 520 So "rood A-- Lm Ao.40- (C.Py.r;g1,i 1928. Ly C.6t—,;. Racl EIWA,oci.h.n; ADDEN TO LEASE DATED Se tel � � 14, 19''1% BETWEEN JOHNSON and SON and MICHAEL H. gI UC'i Fourteenth: All alterations to the leased premises shall be Lessee's sole cost � mar.:_ t t and expense. The Lessee has the rim- �; a., he interiors changes, necessary to ,ht t mar" conducting a nurser y upon aporovatl of` L_ ;or. Fifteenth: Lessee agrees to pay for all utilities sari;}.; tills lease. t�F-_ K) LO tE?•r, of cri Sixteenth: Lessee agrees to pay all faxes re sr, against subject al anrf per,, M property@ ,raZ, ass .-cer Seventeenth: The Lessee shall have the privilege of iliac attaching to the buildingand/or ise "n "' / ti} pre Mises when-; °� r: the � �,ased pre;r:�.: es � are located signs, without the Lessors approval, provided tK.e_ violate the laws and regulations of the city an,,, P do no, also agrees at the request of the Lessor that it will staterrcmhe Less<; such sign ox._signs ptly r trove after the expiration of this lease, Eighteenth: Lease subject to Lesseeobtaining a "Land U---, the cit of Newport 1'r. California, ageneses concerned. .Beach, and any or al_. ..oTer:,me�it;gl Nineteenth: The Lessee shall, at Lessee3s sole cost and expense, for the mutual benefit of Lessor and Lessee, maintain general public liability insurance against claims for personal Injury, death c� property damage occurring in, upon or about the demised premises, and on,, in or about the sidewalks directly adjoining the demised premises, The limitation of liability of such insurance shall be Fifty Thousand and no/100 ($50o000s00) Dollars for injury and One Hundred Thousand and no/100 y (or death) to any one person, (or cieat;fi ($100,000.00) Dollars for injury �rto-more than one person. and Five Thousand and no/x.00 (000.0(?): Dollars with .respect to. property damage. All such poli cies OF insurance shall be issued in the name of the Lessee, and Lessor and ,for the mutual and joint benefit and protection of the parti abe delivered to the es and such PO licies of insurance or copies thereof shall Lessai'; and 'as of as any such policy or policies shall expire or terminate,,:,renewal or,>=:additi.onal policies shall 'be procured and main tamer} by, Lessee ir_ yl;ike manner and to like extent. All such shall .contain a .Clause) or: endorsement to the effect that they may inots, be "tez�minated, ox' ,materially: amended except after ten (10) days' v.n wri-tt, notice :thereof to Lessor..:~ Lessee, agrees that all such pol ;;cies-..,of .insurance carried and maintained by it pursuant to the reciuireme-nts of; this -,article shall be issued by a so-called Board Company or Companies:,-> Twentieth: Lessor agrees;to have roof in good co for duration of lease. Lessor further agrees tondition rreplaceand anymand tall same broken or damaged windows as of this date. Lessee to be responsible for all windows thereafter. Lessor agrees to remove existing wall between Lots 16 and 17.;Lessee shall have the right to install any fencing necessary to conduct h1s business. Upon termination of lease Lessee shall remove said fencing. Twenty one: At the end of each tax .year, an accounting Will be rendered by sub -Lessor to sub -Lessee showing the actual amours„ of taxes assessed, the amount collected and �� be Promptly paid over, and the balance due, if any, shall paid by the sub -Lessee to sub -Lessor. If an overpayment has been made, proper credit will be given on the next m�-)r_th3s rent statement. premises by the lessee or his successors or assigns shall not be construed as conveying ung sm thereof; Fifth: That all Governmental laws and ordinances shall be cornplied with by the lessee; 0 CITY OF NEWPORT BEACH CALIFORNIA October 31, 1974 Mr. J. Wylie Carlyle, County Pecorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is off-Sit, Pwvirinn �erw.n iM for 1mddn6 purposes. _X_ Authorized by Fesolution No. 8375 . City Manager authorized by Resolution No. 6773 to accept easement deeds. �W � Laura Lagios City Clerk LL:swk enc. City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 RESOLUTION NO. 37 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE GREEN MEDALLION NURSERY WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the Green Medallion Nursery in connection with off -site parking; 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 29th day of October , 1974. ATTEST: City Clerk DDO/bc 10/22/74 OCT 2 9 1974 By the CITY COUNCIL CITY Ap 0r*W*QRT MACH October 23, 1974 City Council Meeting Agenda Item No CITY Of NEWPORT BEACH TO: City Council FROM: Department of Community Development SUBJECT: Off- ro i October 29, 1974 H -2(O LOCATION: Lots 14, 15, 16, and 17, Tract 1210, located at 600 West Coast Highway, on the northerly side of West Coast Highway, across West Coast Highway from Bayshores. ZONE: C -1 -H APPLICANT: Harold Hirsch, Oceanside Application This application requests approval of an off -site parking agreement in conjunction with a proposed nursery. In accordance with Section 20.38.040 of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off - street parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common owner- ship in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Depart- ment of Community Development. Planning Commission Recommendation At its meeting of October 17, 1974, the Planning Commission voted unanimously to recommend to the City Council that an Off -site Park- ing Agreement be approved which will guarantee a minimum of nine parking spaces to be provided on Lots 14 and 15 of Tract 1210 so long as the proposed nursery use exists on Lots 16 and 17. r TO: Background City Council - 2. The applicant proposes to establish located at 600 West.,.Coast.Highway, "Mr. Britches" clothing store. The 1,100 sq.ft., is situated on Lot 16 1210, with thirteen related parking building on Lots 14 and 15 of Tract C a nursery in a one -story building, that formerly wa'soccupied by the existing` structure, "Conta- intng­ and a portion of Lot 15, Tract spaces located to the east of the 1210 (see attached plot plan). The proposed development also includes the construction of a 1,000 sq.ft. lath house that will be constructed to the west of the exist- ing building, on Lot 17 of Tract 1210. The Municipal.Code requires a total of nine parking spaces for the proposed use (i.e., one space/ 250 sq.ft. of gross floor area). These spaces would have to be pro- vided on site unless an off- site.parking agreement is approved. The applicant is requesting that the required parking spaces be located on Lots 14 and 15, since there is. inadequate space for the parking of automobiles on Lots 16 and 17. All of the lots in question are under a single three -year lease. Suggested Action If desired, adopt resolution authorizing the execution of an off - site parking agreement between the City of Newport Beach and Harold Hirsch (Green Medallion Nursery). Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By Q. � _L PKS D. HEWICKER ssi tant Director - Planning JDH /kk Attachments for Council Only: Vicinity Map Plot Plan I \ UPPER 1 � BAY OX /IVA VJ 1 f?��'} W. j ' A ✓ x%411 � ,� t ' • � �. 114 1.4 A CIO Rd - .P•`: �� Zs. .q. lT'V_ '. Iw I.DT+VA� wTI R-1 Rai RI . NEWPORT BAY ~' - _ I 1' I• 1''•! °s _ R-1 R'I .. R.F 1 � 1 IY� ro_ _N_ _N• � - - �.S Q I. ' 1 jT_ra 1/ ._. T.. 1 I � I � s r ' i - Y. }' ." --^•a tMT` P G--NIAP 'mil � Y-- GF- -WEWPO T-- W}I-- CALIFORIM. 3A yiulc•JSUeat- aaDlDSenu aata of ra aao.aoa.aee eo•I.Faa+L Dlar}Itr Ila+«aFa«rl REVMM143 wc•rsN a•rF l� Ofy�iTlai�r••1.- _ r RMV! YLY.Y CIT•MCT C•O tWliIO CDYM(aaK- YYLTIRF R!}p61raL aDTIRT yyylN. M.MiY fW Ienlll •rM -1 .. �. LJf Y.Y,i tP Vlfr. V1 °N •.•,FrM�N� V w•. �DD.LA} aFa1DlNa�L D:S'IM1R CC� LIDMf CDYYLI4Y a]Talff Iv �nNM1A YNf MIr. rry�w _ 3 esr ..i °= iT!IET}D 1}iLTt°U V."JDlNT1Y. �� DiAIYTLL lowlF}!lu aTMCT w -w wi:••Oe o-l�•MM r W)MMC NXVDA.V ILL "W] .I �1� INT"Mm"t a>CIIKT 1�< µ �. F CNJM CY •D WiTTbT a9M .44IWr iO off - S' . PAVKJNG- AGR��MFNr FOR GREEN Ma -PALLJON IVOR5ERY RESOLUTION NO. 8 R'7_*f - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF -OCT 2 9 1974 AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY By ih,) CITY OF NEWPORT BEACH AND THE GREEN MEDALLION NURSERY CITY OF J +;ArYr-Q4T R;A WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the Green Medallion Nursery in connection with off -site parking; 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 29th day of October , 1974. Mayor ATTEST: City Clerk DDO/bc 10/22/74