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HomeMy WebLinkAboutC-1675 - Off-Site Parking Agreement for Spaghetti Factory (amended)_ Y CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. N. port Blvd. Area Code 714 673 -2110 DATE January 22, 1975 TO: FTNANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1675 Description of Contract Off -Site Parking Agreement Authorized by Resolution No. _8379 , adopted on November 11, 1974 Effective date of Contract December 27, 1974 Contract with Dussin Investment Company Address 2110 Newport Blvd. Newport Beach, CA 92660 Amount of Contract See ccntr�act —city Cie c 930 R i 1944PC 1865 RECORDING REQUEb�,D BY AND WHEN RECORDED RETURN TO: '" F� RECORDED IN OFFICIAL RECORDS City Clerk E� E.!'& OF ORANGE COUNTY, CALIFORNIA 3300 Newport Boulevard Newport Beach, California 9:05 A.M. NOV 1 197fi J. WYLIE CARLYLE, County Recorder Space Above This Line for Recorder's Use Only OFF-SITE PARKING AGREEMENT (2110 Newport Boulevard - Old Spaghetti Factory) This Agreement is made and entered into this day of LY+�` , 1976, between the CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "City" and DUSSIN INVESTMENT CO., an Oregon Corporation and the OLD SPAGHETTI FACTORY INTERNATIONAL, INC., an Oregon Corporation, hereinafter referred to as "Owner" and NEW'ORT BEACH SPAGHETTI RESTAURANT, INC., a California_,Ccrporation, hereinafter referred to as "Operator": I T N E S S E T H: Dussin Investment Co., an Oregon Corporation, as to 7:5"°%, and the Old Spaghetti Factory International, Inc., gon Corporation, as to 25%, are the owners of that certain real property located in the City of Newport Beach, County of Orange, State of California, and described as Lots 19, 20, 21 and 22 of Tract 814, shown on a map recorded in Book 24, Page 30, of Miscellaneous Maps, Records of Orange County, California and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Block 221, Section A, Newport Beach, as shown on a map recorded in Book 4, Page 21, of Miscellaneous Maps, Records of Orange County, California, and commonly known as 2110 Newport Boulevard, Newport Beach, California, hereinafter referred to as Parcel "A". B. Owner has leased Parcel A to Newport Beach Spaghetti Restaurant, Inc., a California Corporation, for the � �v i� 11944PG 1866 operation of a restaurant business and on -sale alcoholic beverages located thereon, hereinafter referred to as "Restaurant Business" and known as "The Old Spaghetti Factory". C. The Planning Commission of the City of Newport Beach approved Use Permit No. 1715 on May 2, 1974, which requires certain off-street automobile parking spaces to be provided for the use of employees, customers and business invitees of Owner and Restaurant Business in direct relation- ship to the occupancy capabilities of the Restaurant Business. Pursuant to said Use Permit, off-street automobile parking shall be provided at the ratio of one automobile parking space for each three occupants permitted at said Restaurant Business. D. There are insufficient off-street parking spaces located on Parcel A, owned by Owner for the use of the employees, customers and business invitees of Owner and Restaurant Business to comply with the requirements of said use permit. E. The City Council of City previously approved an off-site parking agreement between City and Owner on November 11, 1974 to provide additional off-street parking on Lot 10 of Tract 814, as per map recorded in Book 24, Pages 35 and 36 of Miscellaneous Maps, in the Office of the County Recorder of Orange County and Lots 11, 12, 13, 14 and 15 of Block 221 of Section A of Newport Beach, as per map recorded in Book 4, Page 21 of Miscellaneous Maps, Records of Orange County, said properties hereinafter referred to as Lot "A". F. Owner has applied to City and received permission from the City Council of City on September 13, 1976 to provide required off-street parking on property leased from William -2- EVIT-B'TT "A" 1944M 869 (CITY OF NEWPORT BEACHY STATE OF CALIFORNIA ss: County of Orange 944M, 1 alto On October 2 1976 before me, the under- signed, a Notary Public in and for said State, personally appeared Hilan 11. Dostal known to me to be the Mayor, and Doris Georgie , 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 corpora- tion therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to a resolu- tion of its City Council. WITNESS my hand and official seal. "UN T Y Notary Pub in and for said 4yyphas !9 state. 77 (NEWPORT BEACH SPAGHETTI RESTAURANT, INC.) STATE OF OREGON ss: County of Multnomah On October 14, 1976, before me, the undersigned, a Notary Public in and for said State, personally appeared GUSS DUSSIN, known to me to be the President of NEWPORT BEACH SPAGHETTI RESTAURANT, INC., the California 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 corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Nptary Pub1iQ for Oregon. My Co#niss1'(?p,.,/E'xpires 12/19/77 it 1 1944n 1871 (DUSSIN INVESTMENT CO.1 STATE OF OREGON ) ss: County of Multnomah )_ On October 14, 1976, before me, the undersigned, a Notary Public in and for said State, personally appeared GEORGE DUSSIN, known to me to be the President of DUSSIN INVESTMENT CO., the Oregon 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 corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public for`Oregon. My Comm ssion'Expires 12/19/77 (THE OLD SPAGHETTI FACTORY INTERNATIONAL, INC.) STATE OF OREGON ) ss: County of Multnomah ) On October 14, 1976, before me, the undersigned, a Notary Public in and for said State, personally appeared GUSS DUSSIN, known to me to be the President of THE OLD SPAGHETTI FACTORY INTERNATIONAL, INC., the Oregon corporation that exe- cuted 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 corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. t Notary Public ;for Oregon. My Commission -,"Expires 12/19/77 F PLEASE RETURN TO, REQUESTEIJ � LAUI 16 9C: a CITU, l 4182 EXEMPT C8 OFF-SITE PARKING AGREEMENT RECORDED IN OFFICIAL RECORD84 OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. JAN 8 1975 J. WYLIE CARLYLE, County Recorder d¢, THIS AGREEMENT is made and entered into this '),I 4� ,e,,,,,. _ tib day of �-c e. TIJ — tz 1974, between the CITY OF NEWPORT e BEACH, a municipal corporation (hereinafter sometimes referred to as "CITY"), and DUSSIN INVESTMENT COMPANY, a corporation (hereinafter "j sometimes referred to as "OWNER"). R E C I T A L S A. Dussin Investment Company is the owner of that certain real property located in the City of Newport Beach, County of Orange, State of California, and described as Lots 19, 20, 21 and 22 of Tract 814, as shown on a map recorded in Book 24, Page 30, of Miscel- laneous Maps, Records of Orange County, California, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Block 221, Section A, Newport Beach, as shown on a map recorded in Book 4, Page 21, of Miscellaneous Maps, Records of Orange County, California, and commonly known as 2110 New- port Boulevard, Newport Beach, California. B. The OWNER proposes to remodel and convert an existing two-story building located on said property into a restaurant business and on -sale alcoholic beverage business (hereinafter said uses shall be referred to as "RESTAURANT BUSINESS"), to be known as "The Old Spaghetti Factory." C. The Newport Beach Municipal Code requires certain off- street parking spaces for the use of employees and business invitees of the OWNER, in relation to the occupancy load of the RESTAURANT BUSINESS. Pursuant to the Newport Beach Municipal Code, off-street parking shall be provided at the ratio of one (1) parking space for each three (3) occupants permitted at said RESTAURANT BUSINESS. D. Presently there are insufficient off-street parking spaces located on the property owned by OWNER for the use of the employees and business invitees of OWNER when and if Phase II of the contemplated development is completed, to comply with the requirements of the Newport Beach Municipal Code. E. On May 2, 1974, the Planning Commission of Newpo�� Beach voted to approve Use Permit No. 1715, allowing the of the proposed RESTAURANT BUSINESS, on the condition that_,#n .9ff- -- 1�� site parking agreement, providing for the required number of parking spaces for the operation of said RESTAURANT BUSINESS, as proposed, be approved by the City Council, guaranteeing that there will be sufficient parking spaces for said use to comply with the require- . era ments of the Newport Beach Municipal Code Parking Regulations and sow that the occupancy load permitted at the RESTAURANT BUSINESS shall 2. never exceed three (3) times the total of off-street parking spaces provided by the OWNER, and the OWNER represents that said parking spaces will be provided (in addition to the parking spaces provided on the property owned by the OWNER) on Lot 10 of Tract 814, as per map recorded in Book 24, Pages 35 and 36, of Miscellaneous Maps, in the Office of the County Recorder of Orange County, Lots 11, 12, 13 14 and 15 of Block 221, of Section A, of Newport Beach, as per map recorded in Book 4, Page 21, of Miscellaneous Maps, Records of Orange County, California, or such other adjacent or nearby property to be useful in connection with the proposed RESTAURANT BUSINESS. F. OWNER has entered into a lease agreement with the owner of said lots, to wit, Roger Bloxham, for the use of said lots, as evidenced by the Short Form Sub -Lease dated September 10, 1974, and recorded in Book 11245, Page 1609, recorded in Official Records of Orange County, California, on September 18, 1974, attached hereto, marked Exhibit "A", and incorporated herein by this reference. NOW, THEREFORE, in consideration of the approval by the CITY of OWNER's intended use of the property located at 2110 Newport Boulevard, Newport Beach, CAlifornia, and in consideration of the fore- going, IT IS AGREED by the CITY and the OWNER as follows: 1. For so long as the building located on the property located above and generally described as 2110 Newport Boulevard, New- port Beach, California, is occupied by "The Old Spaghetti Factory", or its successor in interest with a similar use, off-street parking spaces will be provided on a parking lot on the subject premises and on the property referred to in Paragraph E above and subject to the sub -lease between OWNER and Roger Bloxham in sufficient number to pro- vide one (1) off-street parking space for every three (3) occupants permitted at said RESTAURANT BUSINESS for the use of employees, cus- -2- tomers and business invitees of said RESTAURANT BUSINESS operated and owned by the OWNER, his successor or assign. 2. In the event that the use of the parking spaces as Cry described in Paragraphs E and F above should be terminated for any reason, OWNER will immediately thereafter obtain additional off-street parking spaces satisfactory to and to be approved by the CITY, or, if substitute parking facilities are not obtained, the OWNER shall reduce the occupancy load of his RESTAURANT BUSINESS not to exceed three (3) times the total number of off-street parking spaces provided, or, close the RESTAURANT BUSINESS located at 2110 Newport Boulevard, Newport Beach, California. 3. This agreement shall run with the real property owned by the OWNER and described hereinabove, and shall bind the heirs, successors, devisees and assigns of the parties hereto and shall be recorded in the Office of the County Recorder in the County of Orange, State of California. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ATTEST: CITY OF NEWPORT BEACH Mayor CITY APPROVED AS TO FORM- DUSSIN INVESTMENT COMPANY 1 p (I Ass t n _ t �Attorney STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) µ By: OWNER On December 27 , 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 pursuant to a resolution of its City Council. WITNESS my hand and official seal. Notary Public and for said State -3- OREGON STATE OF (MAI MIA ) SS COUNTY OF (� MULTNOMAH On December 27 1974, before me, the undersigned, a Notary Public in and for said State, personally appeared George T. Dussin known to me to be the Secretary of the corporation, and known to me to be the 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 corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. -notary Yubllc in a �n �4� r said State .. RSC When recorded ma, t&& Eo c DUSSIN INVESTMENT CO. er 219 S. W. Stark Portland, Oregon, 97204 VA I 144-92 RECORDED IN 0Fi-ICIAL RECORDS $5C.00 � g �''" ^ .� �., [ � .(.. SEF' 18 19 74 8 .J SHORT FORM SUB -LEASE EXHIBIT "A A SUB -LEASE has been entered into on September 10, 1974 , between ROGER BLOXHAM, referred to herein as "SUB -LESSOR", andLo -Q DUSSIN INVESTMENT COMPANY, referred to herein as "SUB -LESSEE". Reference is made to said SUB -LEASE for further particulars. 1. Said Sub -Lease is for a period of two years and one month commencing December 1, 1974, and effects the real property attached hereto as Exhibit "A" and made a part hereof. 2. Said Sub -Lease contains the right of first refusal which may extend the Sub -Lease if exercised according to its terms for an additional period. DATED: September 10, 1974. t Roger Blox am, Sub -Lessor. DUSSIN INVESTMENT C014PANY George u-si.n, Sub -Lessee STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this 10th day of September, 1974, before me the undersigned Notary Public personally appeared ROGER BLOXHAM known to me to be the person whose name is subscribed to the within instrument, and ... ac vw-edg d.e•t4a"-h4 executed the same. , OFFICIAL SEAL r '" CECIL C. WRIGHT / r S`7 Notary Public-California ORANGE COUNTY Notary Public in aa6 for Said MY Commission Expires Dec. 28, 197 County and State. ...STATE...6P... CA1170 097 ) — ss COUNTY OF ORANGE ) On this 10th day of September, 1974, before me the undersigned Notary Public personally appeared George Dussin known to me to be the Secretary of the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. .....................•...y.................•....•; OFFICIAL SEAL CECIL C. WRIGHT Notary Public inAnd for Said �) J" K -t --Y Fu5!i7.California County and State. 1':77 EXHIBIT A Lot 10, of Tract 814 as per map recorded in Book 24, Pages 35 & 36, of Miscellan&ous Maps, in the office of the County Recorder of Orange County. Lots 11, 12, 131 14, and 15 of Block 221 of Section A, of Newport Beach, as per -map recorded in Book 4, Page 21 of Miscellaneous Maps, records of Orange County. Approximately 10,000 Square feet of open paved area of the above parcels more commonly known as 223 21st Street, Newport Beach, California, and more particularly des- cribed in the attached map and made a part hereof. Cn ONO aF M m Z a mrp a r- nC 9 S 1, Z G 40 (/> 1 R /fS�/v prf of rh y J '��V 00 ,. 00 h p® m ..�. ei r z • n N p N j < S m �' so. — + p i i Y -�-2.2 ST:,l - v 3 z aF M m Z a mrp a r- nC 9 S Z 40 (/> mo 00 ,. 00 q3 p® m ..�. r z • n N p N j < m �' TQ 1A6.. VC • S• N E W i O' BEACH E C T I O i 7 "A f' I/s` u ` . iii it air �y / • �3 fi'''t e < `�'" /. N, /. 0 /CP ,� NN 7 � / / C� Co CO 4 • This is not a survey of.the d, but is compiled for information only, norisit a part of the repo t or policy to which it may be attached. \ s FIV PO T 04Y SC/9L.L . 7 1$ A o' r Ir w,s r rA v _ � K M � � c6 M f � R% �o r4 pa (D � V `^ v1f C-/ M e r Ir w,s r rA v _ CONSENT TO CORPORATE ACTION OEM .Pursuant to ORS 57.791, the undersigned, being all of the Ga Directors and Stockholders of Dussin Investment Co., hereby con- OMW sent to the following action being taken by said corporation and do now confirm the same: WHEREAS, for purposes of expediting corporate transactions, and in consideration of the fact of the age of Theodore G. Dussin and the active management of corporate affairs by George -T. Dussin, it Is RESOLVED all documents requiring execution by corporate officers whether involving real property or personal property, sales, pur- chases, exchanges or leases and any other financial commitment whether as borrower or lender, may be executed solely by George T. Dussin as Secretary of the corporation and will fully bind the corporation and suffice as authority for corporate action. Da ted March 0 1972. Secretary DIRECTOR STOCKHOLDERS AND DIRECTORS ;James C. Maletis Theodore G. Dussin G e _&ge T Dussin OREGON STATE OF dMINMIA ) COUNTY OF &AVN SS MULTNOMAH ae On December 27 , 1974, before me, the undersigned, a Notary Public in and for said State, personally appeared George .� T. Dussin known to me to be the Secretary of the W corporation, and known to me to be the of the corporation that executed the -moo 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 corporation executed the within instrument 0 pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. otary Pu lic in an fcr said State y77 14- �R RFCO 4492 � RECORDED IN OFFICIAL RECORDS When recorded ma t8f:c8R��/v r F CRAN';E DUSSIN INVESTMENT CO, er $5.00 SEF 1E157ti 219 S. We Stark C S Portland, Oregon, 97204 1 .5:ScGi:.:"...,ccergFIC&Q!9,t. SHORT FORM SUB -LEASE EXHIBIT "A" W A SUB -LEASE has been entered into on September 10, 19742 W LO between ROGER BLOXHAM, referred to herein as "SUB - LESSOR ", and -o DUSSIN INVESTMENT COMPANY, referred to herein as "SUB- LESSEE ". Reference is made to said SUB -LEASE for further particulars. 1. Said Sub -Lease is for a period of two years and one month commencing December 1, 1974, and effects the real property attached hereto as Exhibit "A" and made a part hereof. 2. Said Sub -Lease contains the right of first refusal which may extend the Sub -Lease if exercised according to its terms for an additional period. DATED: September 10, 1974. Ro ger 0 , Sub - Lessor. DUSSIN I STMENT COMPANY By\ `' o. _ George ussin, Sub-Lessee STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this 10th day of September, 1974, before me the undersigned Notary Public personally appeared ROGER BLOXHAM known to me to be the person whose name is subscribed to the within instrument, and acicnow -1-&dged ... t4a& -.hQ executed the same. OFFICIAL SEAL CECIL C. WRIGHT GC.•: // �� ( ( C , /� . Notary Publrc-C,Iifornla 3 f ORANGE COUNTY Notary Public in avid for Said My Commission Espies Dec. 23, 1977 County and State. STATE.. 6P...CAITFMMN' ) _ s s COUNTY OF ORANGE ) On this 10th day of September, 1974, before me the undersigned Notary Public personally appeared George Dussin known to me to be the Secretary of. the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. :........................ 1.......................s c. OFFICIAL SEAL �( Notary ublic in And for Said �!{ -�_� 7• CECIL C. WRIGHT y F-: vy PuS:i-- C.lifornio County and State. EXHIBIT-A---- Lot 10, of Tract 814 as per map recorded in Book 24, ae Pages 35 & 36, of Miscellaneous Maps, in the office of the County Recorder of Orange County. G+ Lots 11, 12, 13, 14, and 15 of Block 221 of Section At of Newport Beach, as per map recorded in Book 4, Page 21 of Miscellaneous Maps, records of Orange County. Approximately 10,000 Square feet of open paved area of the � above parcels more commonly known as 223 21st Street, Newport Beach, California, and more particularly des- , cribed in the attached map and made a part hereof. �I Ii Z 1 `s fZrl m D �1 mm m DC n � CD C wi N �Z D O to _D I1 m0 _ {...'- 1,22°1_ —ST.a ._ I ! � 1 O O- W a Z ZO T iA m� N- pN N 1 `s fZrl m D mm DC n CD �\ N �Z D O to _D m0 0-11 ° Jy _ O O- W ZO T iA m� N- pN N Ilk, Z( Q �Fa 3� �A a u� o$ 4� e3 0 TO 236,VC PTN. NEWPOer BEACH (SECTION "A "r) xg �y / 0 �1f 9 6 Ity �i ti • ip 6 / 41, \. y .� y a 9 � Q Q� GQ i This is not a survey of.the d, but is compiled for information only, nod is it a part of the rep t or policy to which it may be attgched __ 7'� _ Ao' �✓E PORT 040 i O cr M 0� 1 a-. . E,�SEMEN� 5 �- 1 � b0 (70 l'+O M rP cp co O d..'D rn 1.__FACTOR M z6 b, Ill- M n rn 'Y1 Vt 1� � n � o0 o � , w t CIC U oa cli v c- M E i O cr M 0� 1 a-. . E,�SEMEN� 5 �- 1 � b0 (70 l'+O M rP cp co O d..'D rn 1.__FACTOR / I CONSENT TO CORPORATE ACTION Pursuant to ORS 57.791, the undersigned, being all of the Directors and Stockholders of Dussin Investment Co., hereby con- sent to the following action being taken by said corporation and do confirm the same: WHEREAS, ' for purposes of expediting corporate transactions, and in consideration of the fact of the age of Theodore G. Dussin and the active management of corporate affairs by George•T. Dussin, it Is RESOLVED all documents requiring execution by corporate officers whether involving real property or personal property, sales, pur- chases, exchanges or leases and any other financial commitment whether as borrower or lender, may be executed solely by George T. Dussin as Secretary of the corporation and will fully bind the corporation and suffice as authority for corporate action. Da :ed March 2 a , 1972. Secretary DIRECTOR STOCKHOLDERS AND DIRECTORS IP B I Theodore G. Dussin - Ge Dussin GJ ao all •i, i i i �i CIW OF NEWPORT AACH MEMORANDUM: From HUGH R. COFFIN TO ... ...... .... LAURA. LAGIOS _...._...... - ...... December - -30 18 - -74. .... , Re: Off -Site Parking Agreement - Old Spaghetti Factory We received executed copies of the Off -Site Parking Agreement between the City of Newport Beach and Dussin Investment Company for the improve- ments to be located and known as the Old Spaghetti Factory. The City Council has approved the Off -Site Parking Agreement, we have approved the agreement as to form and wotuld reqiWst tha you have the Mayor sign the agreement, you attest to it and use recorded. Please send us the information, after the doc t ha� Itobe een recorded, /'\ as to the recording data. I � •1 'r .. HRC:kb u cc: Community Development Reply wanted ❑ Reply not nece.9wry C By ............................... ............................... N9 � 0 0 RESOLUTION NO. 8 379 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 DUSSIN INVESTMENT COMPANY 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 Dussin Investment Company 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 11th day of November , 1974. Mayor ATTEST: City Clerk