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HomeMy WebLinkAboutC-1825 - Off-site parking agreementRECORDING REQUES-ED BY AND 28280 A 11780PG 1 353 WHEN RECORDED RL ;RN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California EXEMPT C2 RECORDED IN OFFICIAL RECORD f OF ORANGE COUNTY, CALIFORNIA 9.05 A.M. JUN 21 1976 J. WYLIE CARLYLE, GountY fit,�cardiar Space Above This Line for Recorder's Use Free recording requested by City of Newport Beach per Gov't Code No. 6103. OFF-SITE PARKING AGREEMENT (Rabbani, Smith & Only, Inc. - 1100 West Coast Hwy.) THIS AGREEMENT is made and entered into this f day of , 1976, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "City" and ALI RABBANI, hereinafter referred to as "Rabbani", LARRY SMITH, an individual, and ONLY, INC., a Corporation, hereinafter referred to as "Lessee". W I T N E S S E T H: WHEREAS, Lessee leases that certain parcel of real property located at 1100 West Coast Highway in the City of Newport Beach, County of Orange, State of California, and described more particularly as: A portion of Lot 35 and Lots 36, 37 and 38 of Tract 1210 recorded in Book 40, Page 45, and 46 of Miscellaneous Maps, Records of Orange County, State of California hereinafter referred to as Parcel "A"; and WHEREAS, Lessee has subleased Parcel "A" to Rabbani to operate a restaurant thereon; and WHEREAS, Rabbani has established a restaurant known as "Marrakesh", on said property which will require five (5) off-site parking spaces to operate at full capacity based upon P, the total public area within said restaurant, under the A provisions of the Newport Beach Municipal Code; and 1976e► BX 1178OPG 1354 WHEREAS, Rabbani has entered into an agreement with Rolf Engen, Inc. to permit Rabbani to use five (5) spaces on the property owned by Rolf Engen, Inc. at 1000 West Coast Highway, Newport Beach, California to be utilized after the hour of 5:00 P.M. on any day, a copy of which agreement is attached hereto marked Exhibit "A"; and WHEREAS, the Planning Commission of the City of Newport Beach at its meeting of May 20, 1976 considered the off-site parking agreement in conjunction with consideration of Use Permit No. 1764 by Rabbani to establish a restaurant and recommended approval of said off-street parking agreement to the City Council of the City of Newport Beach; and WHEREAS, the City Council at its meeting of June 14, 1976 considered the provisions of Section 20.30.035 of the Newport Beach Municipal Code and determined that the off-street parking agreement should be approved. NOW, THEREFORE, in consideration of the foregoing, IT IS AGREED by and between the parties hereto as follows: 1. For so long as the building located on Parcel "A" is used as a restaurant facility, Ali Rabbani will lease from Rolf Engen, Inc. five (5) off-street automobile parking spaces on the property owned by Rolf Engen, Inc. located at 1000 West Coast Highway, Newport Beach, California. 2. In the event the use of the five (5) off-street automobile parking spaces as referred to in Paragraph 1 above should be terminated and lost to Rabbani for any reason, Rabbani will immediately thereafter obtain additional off-street parking spaces satisfactory to and to be approved by the City. If the substitute parking spaces are not obtained, Rabbani will reduce the capacity of said restaurant so as to reduce the parking requirement of said structure to a level consistent with available off-street parking available to Rabbani, required by the City of Newport Beach's parking standards then in effect -2- BK M 1780?? 1355 or terminate the restaurant operation. 3. This Agreement shall run with the property described as Parcel "A" 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 at the County of Orange, State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Mayor ALI RABBANI LARRY SjWTTff ONLY, INC. By: -3- HRC:yz 5/26/76 BK 1. t 780PG 1356 A G R E E n, E N T (Use of off --Street Parking Spaces) R©LF ENGEN, INC., (hereinafter referred to as "Engen") 1000 West Coast highway, Newport Beach, California, for and in consideration of the following covenants and conditions grants to ALI RABBANI, (hereinafter referred to as "Rabbani") of 1100 West Coast Highway, Newport Beach, California, five (5) off-street automobile parking spaces located on the easterly eighteen (18) feet of Lot 35 of Tract 1210, located -at 1000 West Coast Highway, Newport Beach, California.. RABBANI will maintain the parking lot.leased hereunder located on said Lot 35. RABBANI may use said parking spaces only after 5:00 P.M. on any day, being the time at which ENGEN reduces the intensity of its operations at 1000 West Coast Highway by the closure of certain operations, including the warehousing operation and catering operation, which will free up the parking spaces leased hereunder. This Agreement may be terminated by ENGEN upon six (6) months prior written notice to RABBANI. IN WITNESS WHEREOF, the parties hereto have caused (" U F this Agreement to be executed(this 7!�4j day of , 1976, at Newport Beach, California. RCLF ENGEN, INC. By ALI RABhANI E.XITIBIT "A" STATE OF CALI RNIA SS County of Orange BK a 1780P61357 On June 17, 1976 _ 1976 before me, the undersigned, a Notary Public in and for said State, personally appeared Howard Rogers known to me to be the Mayor, and Doris George f 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 -Lion 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. DOROTHY HY I PATEN 1 NOTARY PUBLIC } to i iif PRX-K'! AL CFP' ` IN '� �` C ur A �v w..� oRtN(-'-*,c s +::iY j Notary Public in and for said State My Commis:ion £xnir�s t o 9, 1977 11 STATE OF CALIFORNIA ) Los Angeles ) SS ��� ) ONLY, IN:C. County of On June 10 , 1976, before me, the undersigned, a Notary Public in and for said State, personally appeared * * * * * * * *- * _ ** ** , known to me to be the * * * * President, and Larry R. Smith * known to me to be Secretary 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 by-laws or a resolution o' its board of directors. WITNESS my hand and official seal. �S£a or ryf _ OFFICIAL SEAL =p CATHERINE OWENS NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY k(iF0°W\ r My cornet: expires AUG 12, 1978 STATE OF CALIFORNIA) J. ,' 1'711 tl e/as) ss COUNTY OF --0•NCE ) Notary Public in and for said State On �'r ti b, C a Notary Public.An and for said ALI RABBANI , whose instrument and acknowledged that WITNESS my hand S�aU nr r OFFICIAL SEAL CATHERINE OWENS NOTARY PUBLlC -CALIFORNIA LOS ANGELES COUNTY R9' Comm. exp,res AUG 12, 1978 STATE OF CALIFORNIA) Aos j Jas ) ss: COUNTY OF ® NCC E-� ) 1976, before me, the undersigned, State, personally appeared name is subscribed to the within he executed the same. and official seal. Notary Public in and for said State On t � c, a Notary Public in and for said LARRY SMITH , whose instrument and acknowledged that 1976, before me, the undersigned, State, personally appeared name is subscribed to the within he executed the same. WITNESS my hand and official seal. �EM1I GP ry OFFICIAL SEAL T CATHERINE OWENS NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY "" MY comm. expires AUG 12, 1978 notary Public in and for said State R,CORDING REQUESTED -Y AND WHEN RECORDED RETURN .O: City Clerk City of Newport Beach. 3300 Newport Blvd. Newport Beach, CA 92663 EXEMPT C8 1 RECORDED IN OFFICIAL RECORDS I OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. FEB 5 1976 J. WYLIE CARLYLE, County Recorder 35 Space Above This Line for Recorder's Use The City of Newport/ Beach requests free recordation pursuant to Gov't Code No. 6103 , OFF-SITE PARKING AGREEMENTP Deputy City Clerk (1100 West Coast Highway - Use Permit No. 1764) -6-m- Z'THIS .AGREEMENT is made and entered into this ::. day of 1976, by and between the CITY OF NEWPORT —(January) BEACH, a Municipal Corporation, hereinafter referred to as "City", LARRY SMITH, an individual, and ONLY, INC., a Corpora- tion, hereinafter collectively referred to as "Lessee", and ALI RABBANI, an individual, hereinafter referred to as "Sublessee". W I T N E S S E T H: WHEREAS, Lessee has entered into a long term lease of that certain parcel of real property located in the City of Newport Beach, County of Orange, State of California and described as: Lots 36, 37 and 38 of Tract 1210 in Book 40, Page 45, and 46 of Miscellaneous Maps, Records of Orange County hereinafter referred to as Parcel "A"; and WHEREAS, Lessee has entered into a long term lease of that certain parcel of real property located in the City of Newport Beach, County of Orange, State of California, and described as: The westerly 6 feet of Lot 35, Tract 1210 in Book 40, Page 45, 46 of Miscellaneous Maps, Records of Orange County hereinafter referred to as Parcel "B"; and RUCVVED CLERKCITY Tg76 r.. Ci OF WORT REACH � , .ter SKI Iii It . 36 WHEREAS, Lessee has entered into a long term agree- ment acquiring an easement for ingress and egress over that certain parcel of real property located in the City of Newport Beach, County of Orange, State of California, and described as: The westerly 32 feet of Lot 35, Tract 1210 in Book 40, Pages 45, and 46 in Miscellaneous Maps, Records of Orange County, excluding therefrom the most westerly 6 feet thereof hereinafter referred to as Parcel "C"7 and WHEREAS, Lessee desires to sublease said Parcels "A", "B", and "C" to Sublessee to operate a restaurant; and WHEREAS, a minimum of 47 off-street automobile parking spaces must be provided for said restaurant use under the provisions of the Newport Beach Municipal Code; and WHEREAS, said parking will be provided on Parcels "A" and "B" as shown on attached Exhibit "l" incorporated herein by this reference; and WHEREAS, Parcel "C" will also be used for ingress and egress purposes as shown on the attached Exhibit "l"; and WHEREAS, the Planning Commission of the City of Newport Beach at its meeting of September 4, 1975, considered the off-site parking agreement and recommended approval to the City Council of the City of Newport Beach of said off-site parking agreement; and WHEREAS, the City Council at its meeting of January 26, 1976, considered the provisions of Section 12.38.04 of the Newport Beach Municipal Code and determined that the off-site parking agreement proposed by Sublessee should be approved. NOW, THEREFORE, in consideration of the foregoing it is agreed by and between the parties hereto as follows: 1. For so long as the restaurant located on Parcel "A" is operated by Sublessee or his successor, Lessee and Sublessee will use those portions of Parcels "A" and "B" as -2- X11641M'o 37 shown on attached Exhibit "1" as the location of 47 off-street automobile parking spaces in conjunction with the restaurant use of portions of Parcel "A", and Parcel "C" will be used for ingress and egress purposes to gain access to those off-street automobile parking spaces located on Parcel "B". 2. The off-street automobile parking made available on said portions of Parcels "A" and "B" shall be available to employees and invitees of Sublessee during business hours. 3. In the event the use of the parking spaces referred to in Paragraph 1 should be terminated and lost to Lessee or Sublessee for any reason, Lessee or Sublessee, as the case might be, will immediately thereafter obtain additional off-street automobile parking spaces satisfactory to and to be approved by the City. If substitute parking spaces are not obtained, Lessee or Sublessee, as the case might be, will physically modify the restaurant, which presently is located on Parcel "A", in such a fashion so as to reduce the parking requirement for said restaurant to such a level as the number of off-street parking spaces available to Lessee or Sublessee dictate, measured by the parking requirements of the City of Newport Beach at that time in effect. 4. This Agreement shall run with the property described within as Parcels "A", "B", and "C" 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 on the day and year first above written. ATTEST: rney ALI RABBANT, (Sublessee) CITY OF NEWPORT BEACH, A Municipal Corporation FIV, Mayor ONLY, INC., A Corporation (Lessee) LARRYSMITH (Lessee) sx 1'164 ins - 38 \f,GE L A 50' 50 1 j0/ ?k/ Iv1L LOA -I -)I NIG:I-wk-f EXHIBIT "1" 50' .39 STATE OF CALIFORNIA) ss: COUNTY OF ORANGE ) Y On 1976, before me, the undersigned, a Notary Public in an for said State, personally appeared Donald Aa McInnis , known to me to be the Mayor and .IIgxs M. George , known to me to be the Deputy 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. zY ^ =C-CAL!F0RN1A \5 e r f 1 moi? ,L QrFI— IN yc COUNTY Ay CamrftSssio) Expires Feb. 9, 1977 STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) 0 V Notary Publ' in and for said d State On 4 1976, before me, the undersigned, a Not ry Public in for said state, personally appeared - known to me to be the 0 and known to me to be the �- of the corporation that executed the within instrument, known to me to be the persons 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. ♦ OMCIAL SEA!_ 0 o �a BLS �a'tiE S. CECLIO pdCT pu3!.IC—CU _IFORMA g4 G am► C r• P`" `' `'- °1 rt1,,r IN Notary Public i and for sat* State - 0.- ..; : < i -Y ® Y Gv',nii3 („ , ir,s N --v. 1.8. 197£3 STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) /776 %76 On Clnetoti before me, the undersigned, a Notary Public in an for said State, personally appeared LARRY SMITH , known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. OFFICIAL IEAL `tMAESS my hand and official seal. ® AL SEAL ® BLANCHE S. CEGLIO .9 NOTARY PUBLIC—CALIFORNIA � p J � PSd1NCIPAL OFFICE IN � (0000. P ORANGE COUNTY IS Z � a.nC.. V00 • My c :-.nf»f :_:tains Nov. 18, 1978 s, Notary Public in and for sayld State STATE OF CALIFORNIA) s s . COUNTY OF ORANGE On���,i„r„,� �--�", before me, the undersigned, a Notary Public in and for said State, personally appeared ALT RARRANT r known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. �'b�`V ti v!°'4^P'Yy�`'�'v�`: 'V ^��oiti'��ti^'•f �sOd �iV�yV ?Fi ICIAL SEAL 'HE S. CLGLIO f, i P'i •L IC---C;ALIFORNIA <-. ;Ni.'IFAL OFFICE IN ^it1NCi_ COUNTY MY uw.<,rai sfa:2 Expires Nov. 18, 1978 � 9�t Cq Notary Public in and for &kid State OFFICE OF THE CITY CLERK � `* \ r, DATE JaM 16. 1976 a A TO: nosh R. Coffin C �. Assistant C#y Attorney SUBJECT: Off -Bite Parking Agreement smith * Par your request of June 16. 1976. -at cs a,copy oft above referenced agreement vtth.the rding faformatios. transact a copy of this agraemoat : -,tba proper.pastylpa". � , Said agreement we authorized by the-Coy sCounetil,ou Jana fit.. 1976 by the adoption of Resolution No. 8796: V Doris Gsorq City Clerk S DG:eg Attachment t i TV OF NEWPOg EACH y M CM BANDUMs FrM DORIS GEORGE TO_ -------- City.. Ele- rk ........... :. ........ .... ...... RE: .Off -Site Parking Agreement Rabbani, Smith & Only, Inc. I have attached hereto-an original and one copy of the above referenced Off -Site Parking Agreement. Please obtain the appropriate_ signatures and return a conformed.copy to this office with the recordation data thereon. Thank you.. 3 ae p. CITY OF NEWPORT BEACH CALIFORNIA City Hall June 18 1976 3300 W. Newport Blvd. Area Code 714 640 -2251 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is off -Site Parting Agreement fran 4.bh.n1 � Q.4 th a �, Tile_ for 1100 We •r comer 1U Ibmax IQL -yLlOa purposes. Newport Beach, CA Authorized by Resolution No. 8796. City Manager authorized by Resolution No. 6773 to accept easement deeds. .j """ / Doris George City Clerk DG:swk enc. 7 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1825 0 CITY OF NEWPORT BEACH CALIFORNIA DATE Juns 111- 1976 Description of Contract Off —sits Patting Agrsamant 1100 Want Coast Ripway Authorized by Resolution No. 8796 adopted on Juse 14, 1976 Effective date of Contract 6 -17 -76 Contract with A11,Rabbani, Larry Smith 6 Only, Inc. Address Amount of Contract ti City Clerk City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 i • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OFF - SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND ALI RABBANI, LARRY SMITH, AND ONLY, INC. IN CONNECTION WITH THE MARRAKESH RESTAURANT LOCATED AT 1100 WEST COAST HIGHWAY WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Off -Site Parking Agreement between the City of Newport Beach and Ali Rabbani, Larry Smith and Only, Inc. in connection with the Marrakesh Restaurant located at 1100 West Coast Highway; and WHEREAS, the City Council has reviewed the terms and conditions of said Off -Site Parking Agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said Off -Site Parking Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Off -Site Parking Agree- ment 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 14th day of June, 1976. Mayor ATTEST: City Clerk DDO:yz 6/8/76 F� A 0 CITY OF NEWPORT BEACH CALIFORNIA DATE Mich 3, 1976 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. ]786 Description of Contract I'lu;S&K Parking Agreement oast g ay Authorized by Resolution No. 8688 , adopted on 1 -26 -76 Effective date of Contract January 30, 1976 Contract with Smith and Only, Inc. Address 1100 W. Coast Highway Newport Beach Amount of Contract - - - - Z�C� City Clerk City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 art S bas 4m. Ng I art 4m. 0 0 CITY OF NEWPORT BEACH CALIFORNIA City Hall February 4, 1976 3300 W. Newport Blvd. Area Code 714 673 -2110 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is from * --,; SO4th, °n individual an' 0*171Zen a eerFesebies for -pes . Neat Authorized by Resolution No. 969 City Manager authorized by Resolution No. 6773 to accept easement deeds. x ��' Laura Lagios City Clerk LL:swk enc. RESOLUTION NO. 8 6 8 8 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OFF - SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH, LARRY SMITH, ONLY, INC., AND ALI RABBANI IN CONNECTION WITH THE ESTABLISHMENT OF A RESTAURANT FACILITY LOCATED AT 1100 WEST COAST HIGHWAY WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain off -site parking agree- ment between the City of Newport Beach and Larry Smith, Only, Inc., and Ali Rabbani in connection with the establishment of a restaurant facility located at 1100 West Coast Highway. 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 26th day of January, 1976. ATTEST: City Clerk HRC:yz 1/20/76 ys