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
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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