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
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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.
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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.
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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
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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