Loading...
HomeMy WebLinkAboutC-2033 - Off-Street Parking Agreement for Use Permit 1772 (a)Exempt wordIng teQU9" pot Govemsmeennt Code 6103 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk RECORDED OFFIAt CIALOf ORANGE RECORDS' CITY OF NEWPORT BEACHORANGE Grit€ORfs 3300 Newport Boulevard Newport Beach, California 92663 �' u ;;. E833 U A. ° County t ����=C4PTlluu h,mak: Space Above This Line For Recorder's Use Only OFF-SITE PARKING AGREEMENT THE FERNLEAF CAFFE 2640 East Coast Highway Newport Beach, California THIS AGREEMENT, made and entered into this 31st day of May, 1983, by and between: and and CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City, hereinafter referred to as "City," CHARLES W. MASTERS Trustee of the Master's Trust WILEY B. JOHNSON and KATHLEEN L. JOHNSON hereinafter referred to as "Lessee," is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: A. Owner owns certain real property located at 702 - 704 Fernleaf Avenue, in the City of Newport Beach, County of Orange, State of California, which real property is more particu- larly described as: "Lots 4 and 6, Block 733, Corona del Mar, per maps recorded in Book 3, pages 41 and 42, Miscellaneous Maps" hereinafter referred to as "the property"; and 0 W B. Lessee operates on property located at 2640 East Coast Highway, a restaurant known as the Fernleaf Caffe. Provi- sions of the Newport Beach Municipal Code require persons conducting a restaurant to provide parking spaces for their cus- tomers; and C. On May 18, 1978, the City approved a Use Permit for the operation of the Fer.nleaf Caffe and conditioned the approval on the provision of at least 10 offstreet parking spaces; and D. Lessee has entered into a written agreement with Owner, which agreement grants to Lessee the non-exclusive right to use ten (10) automobile parking spaces on the property. A copy of the written agreement is attached hereto and marked Exhibit "A." E. The Planning Commission of the City of Newport Beach, in conjunction with its consideration of Use Permit No. 1772 (amended), recommended to the City Council of the City of Newport Beach approval of this Off -Site Parking Agreement after determining that the conditions of Section 20.30.035(D) of the Newport Beach Municipal Code were satisfied; and F. The City Council of the City of Newport Beach con- sidered the proposed Off -Site Parking Agreement, determined that the Agreement satisfied the provisions of Section 20.30.035(D) of the Newport Beach Municipal Code, and authorized execution of this Agreement, NOW, THEREFORE, the parties hereto agree as follows: 1. Lessee shall execute, and do all things necessary to ensure the effectiveness and validity of, the written agree- ment pursuant to which Lessee has the right to automobile parking spaces on the property. Lessee further agrees to fully perform all of the duties and responsibilities imposed upon Lessee by the Lease Agreement (Exhibit "A") pursuant to which Lessee has the right to parking spaces, and further agrees that any breach by Lessee of the terms of this written agreement constitutes a K 3-6 breach of this agreement. The duties of Lessee pursuant to this paragraph shall continue for such time as the Lessee operates the expanded restaurant faclity located at 2640 East Coast Highway, Newport Beach, Ca., with the characteristics, and intensity of use, authorized by Use Permit No. 1772 (amended). 2. In the event that the use of the off-street auto- mobile parking spaces provided for in the Lease Agreement (Exhibit "A") are lost to Lessee, for any reason, Lessee agrees to do the following: (a) Alter the characteristics of, or reduce the capacity of, the restaurant located at 2640 East Coast Highway, Newport Beach, Ca., such that the automobile parking spaces then available to, and under the control of, Lessee are, given consideration to any nonconforming rights that Lessee may have as of the date of this Agreement, sufficient to satisfy the parking requirements of the Newport Beach Municipal Code; (b) Notify, in writing and within 30 days of the loss of the parking spaces, the Planning Director of the City of Newport Beach that automobile parking spaces previously available to Lessee are no longer available; and (c) Prior to resuming business in the manner authorized prior to the loss of the parking spaces,Lessee shall submit to the Planning Director of the City of Newport Beach a new or amended Off -Site Parking Agreement, giving Lessee the use of at least the same number of offsite parking spaces required by Use Permit No. 1772 (amended), and Lessee shall further obtain recommendations and approvals of the agreement, by the Planning Commission and City Council of the City of Newport Beach, as may be required by the Newport Beach Municipal Code. 3. Lessee shall fully perform all of the conditions of approval imposed by the Planning Commission of the City of Newport Beach in conjunction with the approval of Use Permit No. 1772 (amended). The minutes of the Planning Commission reflect - 3 523661 ing the conditions imposed are attached hereto, marked Exhibit "B", and are incorporated herein by reference. 4. Lessee shall, at least 90 days prior to the expira- tion of the written Lease Agreement, (Exhibit "A") provide a new or amended parking agreement which grants the use of at least the same number of parking spaces required by Use Permit No. 1772 (amended). 5. This Agreement shall be recorded in the Office of the County Recorder of the County of Orange. In the event that Lessee is no longer entitled to a possession of all, or a portion, of the property, either by virtue of the termination of the Lease Agreement (Exhibit "A") or pursuant to any valid court order, owner may notify City of the fact the Lessee has lost the right to possession and request City record a document which renders this Offsite Parking Agreement null, void and of no effect. Lessee hereby consents to the recordation of such a document. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF NEWPORT BEACH A Municipal Corporation By: M or City Clerk APPAOVED AS TO •-►z ty Attorney 4 OWNER MASTER'S TRUST By: Charles W. Masters, -Trustee 13-.523661 LESSEE Wiley Johnson Kathleen L. Johnson 83-561-3661 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On _ 14 1983, before me, the under- signed, a Notar Public in and for said State, personally appear- ed Evelyn Hart as Mayor of the City of Newport Beach and known to me to be the person who executed the within instrument on behalf of the City of Newport Beach herein named, and acknowledged to me that the City of Newport Beach executed the within instrument pursuant to a resolution of its City Council. Witness my hand and official seal. STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) Notary P lic On (_q" — , 1983, before me, the under- signed, a Notary Publiipn and for said State, personally appear- ed Charles W. Masts 's,, nown to me to be the person who executed the within instrument on behalf of the Master's Trust, herein named, and acknowledged to me that the Master's Trust executed the within instrument pursuant to the provisions contained therein. Witness my hand and official seal. OFFICIA1. SEAL eE o P/ s DOROTHY L. PALEN •' „'� WARY PUBLIC - CA! -i�Ci°�; ;a PRINCIPAL 0FFf(',_. IN ORANGE COUa'�TY MY COMMISSION My Q nmisssian Ex*— kln 5, 1935 STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) Notary P lic On (_q" — , 1983, before me, the under- signed, a Notary Publiipn and for said State, personally appear- ed Charles W. Masts 's,, nown to me to be the person who executed the within instrument on behalf of the Master's Trust, herein named, and acknowledged to me that the Master's Trust executed the within instrument pursuant to the provisions contained therein. Witness my hand and official seal. STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) z K�' Notary Public -. On October 7, , , 1983, before me, the under- signed, a Notary Public in and for said State, personally appear- ed Wiley B. Johnson and Kathleen L. Johnson whose names are subscribed to the within instrument and acknowledged that each of them executed the same. Witness my hand and official seal. No, ary ublic eE o P/ s OFFICIAL SEAL MARIAN L. JOHNSON NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MY COMMISSION EXPIRES JULY 28, 1986 STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) z K�' Notary Public -. On October 7, , , 1983, before me, the under- signed, a Notary Public in and for said State, personally appear- ed Wiley B. Johnson and Kathleen L. Johnson whose names are subscribed to the within instrument and acknowledged that each of them executed the same. Witness my hand and official seal. No, ary ublic 83-523661 ASSIGNMENT OF LEASE The undersigned BARBARA HOPE AND IVY J. FERRERO, lessees in that certain parking lot lease agreement upon the premises known as 702 and 704 Fernleaf Avenue, Corona del Mar, California, and stockholders and shareholders in that certain corporation known as FERNLEAF CAFFE CORP., do hereby sell, assign, and transfer all of their rights, title and interest in and to the parking lot lease to WILEY B. JOHNSON AND KATHLEEN L. JOHNSON. 2-,D- , � ---7 , , Barbara Hope Ivy J. e�Vro In consideration of the above assignment and written consent of the Lessor thereto we agree to asume and be bound by all of the terms and conditions of the said parking lot lease agreement and to pay the rental therein provided. �7 Wiley: B. Johnson Kathleen L. Johnson CONSENT TO ASSIGNMENT The undersinned Lessor consents to the above assignment of Lease to WILEY B. JOHNSON AND KATHLEEN L. JOHNSON waiving none of his rights thereunder and lessQt acknowledges that any further assignments of this lease shall require lessor's approval, which approval shall not be unreasonably withheld. THE MASTERS TRUST Charles W. Masters Co -Trustee EXECUTED THIS 5th DAY OF October 1983. m4 a3 rr "A PARKING LOT LEASE AGREEMENT This PARKING LOT LEASE AGREEMENT is made and executed this 2nd day of May, 1983 by CHARLES W. MASTERS, hereinafter referred to as LESSOR, and FERNLEAF CAFFE CORP., hereinafter referred to as LESSEE. THE PARTIES AGREE AS FOLLOWS: 1. DEMISED PREMISES - Lessor leases to Lessee and Lessee hires from Lessor under the terms and conditions hereinafter set forth, those certain premises located in the City of Corona del Mar, California, more particularly described as follows: The sole and exclusive use of 10 spaces in a Private no fee parking lot at 702 and 704 Fernleaf Avenue,h-� Corona del Mar, Caifornia LEGAL DESCRIPTION: A portion of Lot 4 and Lot 6, Block 733 of Corona del Mar, City of Newport Beach as per map recorded Book 3 pages 41 and 42 Miscellaneous Maps. NOTE: Lessor does not police the premises and therefore can not guarantee to Lessee the freedom of one or more of the demised premises from unauthorized use by persons who are neither customers or invitees of Lessee or Lessor. At no time shall Lessee, his employees or guests use those 2 parking spaces immediately adjacent to the building, nor shall ingress or egress be blocked„ 2. 'TERM - The term of this lease shall be for a period of three (3): years, commencing on the 1st day of May, 1983, and terminating on the 30th day of April, 19.86. The lease shall then continue on a month to month -.basis, until terminated, subject to rent adjustment as set forth below. Termination shall be by thirty (30) days written notice by either party. 3. OCCUPANCY - The demised premises shall be used for parking for patrons and invitees of Lessee from the hours 6:00 p.m. to 2:30 a.m. seven days per week. 4. RENT - As minimum rent for the demised premises Lessee shall pay to Lessor, without deduction or offset, prior notice or demand, the- total sum of Five. Thousand Four Hundred Dollars ($5,400.00) payable in thirty-six monthly installments of One Hundred Fifty Dollars ($150.00) in advance on the lst day of each month commencing the lst day of May, 1983, and continuing through the 30th day of April, 1986; there- after the minimum rent will be adjusted on the lst day of May of each year of the term to reflect increased cost of living as indicated by the Consumer Price Index (All Urban Consumers - Los Angeles - Long Beach - Anaheim, 1967 = 100) published by the Bureau of Labor Statistics, 83-523661 U. S. Dept. of Labor. The cost of living adjustment herein provided for shall be calculated by means of the following formula: X = A x C X = Adjusted minimum monthly rent A = Minimum monthly rent $150.00 B = March CPI (U) of year of adjustment C = March CPI (U) of the preceding year Notwithstanding the foregoing, in no event shall the minimum monthly rental during the term of this lease be less than $150.00. 5. MAINTENANCE AND REPAIR - The premises and every part thereof are at the date hereof in good order, condition and repair. In addition to the rent, Lessee shall pay to Lessor one-third (1/3) of the cost of resurfacing or re -striping occasioned by normal use of the demised premises upon presentation of itemized billing from Lessor. Lessor reserves the right to change the layout of the parking lot from time to time; however, should such change result in less than ten (10) parking spaces, rent shall be reduced proportionately by the number of spaces eliminated. 6. USE OF PREMISES - Lessee shall not commit or suffer to be committed any waste or nuisance upon the demised premises and shall conduct his. business and the advertising and promotion thereof in conformity with the highest standard of business practices prevailing in the community in which the demised premises are situated. Lessee, at his sole cost and expense without obligation of Lessor, shall observe in the use of the premises all governmental regulations, ordinances and statutes now in force or which may hereafter be in force. The parties jointly agree to use their best efforts to insure that the lot is kept in a clean and orderly condition as pertains to their respective uses. Parking Attendant shall use care and diligence to insure the quiet enjoyment.of adjacent residents. Lesseeagrees to remove or have removed cars remaining in the lot after 2.:30 a.m. 7. EXCESS TAXES - In addition to all other amounts herein specified, Lessee shall pay Lessor on November 15, 1983, and each subsequent November 15th of the term, thirty-three and one-third percent (33-1/3%) of the special and general City and County real property taxes and assessments payable on the demised premises. Lessee shall have the right to inspect the bills for the period in question. Pro -ration of said payments by Lessee shall be made when necessary for the first and last year of this lease term. 4Page 3 - 8. INSURANCE - Lessee at his sole cost and expense but for the joint benefit of Lessor and Lessee, shall procure and maintain in full force and effect during the term hereof the following insurance coverages in companies satisfactory to Lessor and at all times shall keep Lessor supplied with certificates showing such insurance to be in full force and effect: Public Liability insurance with limits of not less than $500,000 in respect to injury or death of a single person and not less than $1,000,000.00 in respect to any one accident. Property damage insurance with limits of not less than $500,000.00. If any act on the part of lessee or use of the premises by Lessee shall cause directly or indirectly any increase of Lessor's insurance expense, said additional expense shall be paid to Lessor upon demand. CHARLES W. MASTERS FERNLEAF CAFFE CORP. By Lessor Da Lessee Date _(Title) Lessor Date es e Date RECORDING REQUESTED BY A WHEN RECORDED RETURN TO: Book 11611 Page 25 Offi L records of Orange County 9:0� am 12-31-75 Instrument No. 33846 !a �-a j Space Above This Line for Recorder's Use 1, o 2 0 OFF-SITE PARKING AGREEMENTS ) (George R. Richter and Betty Jane Richter - 2640 East Coast Highway, Corona del Mar) THIS AGREE14ENT is made and entered into this ,�;?qg 0 day ofr�, 1975, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City" and GEORGE R. RICHTER and BETTY JANE RICHTER, herein- after referred to as "Owner"; W I T N E S S E T H: WHEREAS, Owner is the owner of that certain parcel of real property located in the City of Newport Beach, County of Orange, State of California, and described as: PARCEL A. All of Lot 4 in Block L of Tract No. 323, in the City of Newport Beach, as shown on a map recorded in Book 14, Pages 40 and 41 of Miscellaneous Maps, records of Orange County, California, and that portion of Lot 5 in Block L of said Tract 323, described as follows: Beginning at the Northwesterly corner of said Lot 5 and thence Southeasterly along the South- westerly line of said Lot 5 and the Northeasterly line of Coast Boulevard a distance of 31.20 feet; thence North 74036' East to a point in the South- easterly line of said Lot 5; thence North 39038' East along said Southeasterly line to the most Easterly corner of said Lot 5; thence North 500 22' West along the Northeasterly line of said Lot 5 to the most Northerly corner thereof; thence South 74036' West along the Northwesterly line of said Lot 5, 133.30 feet to the point of beginning. hereinafter referred to as Parcel "A"; and WHEREAS, Owner desires to operate a take-out and outdoor restaurant facility with on -sale beer and wine on said Parcel "A", which will require that a minimum of 8 off-street automobile parking spaces be provided off-site under the provisions of the Newport Beach Municipal Code; and WHEREAS, Owner is the owner of that certain parcel of real property located in the City of Newport Beach, County of 1' 1 U W W Orange, State of California, described as: PARCEL B. Lot 11 in Block 732 of the Corona del Mar tract, in the City of Newport Beach, as shown on a map recorded in Book 3, pages 41 and 42 of Miscellaneous Maps, records of Orange County. hereinafter referred to as Parcel "B"; and WHEREAS, Owner desires to use Parcel "B" to provide the required parking in conjunction with the take-out and outdoor restaurant facility to be conducted on said Parcel "A"; and WHEREAS, the Planning Commission of the City of Newport Beach at its meeting of November 6, 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 ,D�C.-_ q9, 1975, considered the provisions of Section 12.38.04 of the Newport Beach Municipal Code and determined that the off-site parking agreement proposed by Owner should be approved. NOW, THEREFORE, in consideration of the foregoing it is agreed by and between the parties hereto as follows: 1. Owner will use Parcel "B" as a location for 8 off-street automobile parking spaces in conjunction with the take-out and outdoor restaurant facility use of Parcel "A". 2. In the event the use of the parking spaces referred to in paragraph 1 should be terminated and lost to Owner for any reason, Owner 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, Owner will physically modify the take-out and outdoor restaurant facility use which is located on Parcel "A" in such a fashion as to reduce the parking for said use to such a level as the number of off-street parking spaces avail- able to Owner dictate, measured by the parking requirements of the City of Newport Beach at that time, or close or cause to be closed such use. -2- 3. This agreement shall run with the property described within 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 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. r C" ty Clerk APPROVED AS TO s si nM�,ty AMorMey OWNER: GEORGE R—" HTER BETTY,'TP,INE RICHTE -3- STATE Of' CALIFORNIA SS County of Orange On December 23 , 1975, before me, the undersigned, 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. - DOROTHY L. PALEN hlOiARY PUBLIC -CALIFORNIA li f_ PRINCIPAL OFFICE IN w ORANGE COUNTY My Commission Expirps Feb. 9, 1977 STATE OF CALIFORNIA SS County of Notary Public In and for said State On 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President, and 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 of its board of directors. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) )s s : County of Los Angeles) On December 17 ,1975, before me, the undersigned, a Notary Public in and for said state, personally appeared George R. Richter and Betty Jane Richter, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and of4cial'seal. x�nnnnumnnmmtwmnnm+mnmrmnnwuumtneurruruvepennxnrw OFFICIAL SEALA� SUZANNE YANANIAN No ' c in and for said State Notary Public• California = Principal office in s Eos Angeles County My Commission Expires July 16, 1977 s =MIIrNntnU W nrlcimnnnf1111tnlrnrtnniltuu WnitlrnlnNNninllintuu7PnlnrS COMMISSIONERS 71 O S 1 ROL LL May 18, 1978 83-523661 MINUTES 1. That the proposal would be detrimental to persons, property and improvements in the neighborhood, and that the applicant's quest would not be consistent with the lege tive intent of Title 20 of the Newport B -e -a Municipal Code. 2. That the proposed dev ment would set a precedent for continuance 'ef�ther similar setback encroachments in the nein rhood. 3. That approval of the Modification would perpetuate an existing nonconforming use. INDEX Item #5 USE Request to amend a previously approved use permit that permitted the establishment of a PERMIT take-out and outdoor restaurant facility with W1777 on -sale beer and wine on the property so as to change the required closing time from 5:00 p.m. APPROVED to 11:00 p.m., and the acceptance of an CC TN environmental document. The proposed development . TIONALLY also includes the addition of tables and seats in the patio area and in an existing commercial building where a maximum of four tables and sixteen seats were originally permitted, and the acceptance of an offsite parking agreement for a portion of the required parking spaces. Location: Lot 4 and a portion of Lot 5, Block L, Tract No. 323, located at 2640 East Coast Highway, on the northeasterly side of East Coast Highway between Dahlia Avenue and Fernleaf Avenue in Corona del Mar. Zone: C-1 Applicant: Pilar Wayne, Corona del Mar Owner: Craig Richter, Laguna Beach Public hearing was opened in connection with this item and Pilar Wayne, Applicant, appeared before the Planning Commission and concurred with the conditions of approval as set forth in the staff report. Page 12 COMMISSIONERS POLL CALL Motion X Ayes X X X Ix Absent Ix 63_.-,523661 0""ity of Newport • May 18, 1978 MINUTES Ron Hagen, 7132 Fernleaf, owner of the property directly behind the parking lot and also partner of Ms. Wayne, appeared before the Planning Commission to review the proposal. He commented that the courtyard area has been landscaped to a very desirable atmosphere that he feels is compatible with Corona del Mar and Newport Beach. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made that Planning Commission make the following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. Adequate offstreet parking spaces are being provided in conjunction with the proposed remodeling and expansion of the subject outdoor restaurant use. 5. The offstreet parking spaces for the expandec restaurant on separate lots from the buildinc site is justifiable for the following reasons: a. The off-site lots adjoin the restaurant site and will be easily accessible. b. The proposed development will not create undue traffic hazards in the adjoining area. c. The applicant has been authorized to utilize the ten offsite parking spaces at 2700 East Coast Highway for at least three years. The one offsite parking space located to the rear of the beauty parlor in the Fernleaf Courtyard is owned by the same property owner of the adjoining restaurant site. Page 13 INCOEx COMM1SISIONERS 71 T p MOLL CAI .L 17 _Y of Newport Beach MINUTE May 18, 1978 sr�o�.x 6. That the waiver of the development standards as they pertain to on-site parking, circulation, walls and landscaping, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structures have been in existence for many years. 7. The approval of Use Permit No. 1772 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace,morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhoo, or the general welfare of the City. and approve Use Permit No. 1772 (Amended) subject to the following conditions of approval: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That an off-site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 10 parking spaces shall be provided on Lots 4 and 6, Block 733, Corona del Mar, during the evening hours, for at least three years, and one parking space located on Lot 5, Block L, Tract No. 323, at all times. 3. That the restaurant facility shall not be open for business prior to 11:00 a.m. or after 11:00 P.M. I. That all new exterior lighting and signs shall conform to Chapter 20.53 of the Newport Beach Municipal Code. That all mechanical equipment and trash areas shall be screened from public streets, alleys, or adjoining properties. That this approval shall be for a period two years, and any extension shall besubject to the approval of the Modifications Committee. That the development standards related to Page 14 rb CCMMISSICNERS z POLL CALL 3-523661. City r May 18, 1978 MINUTES INOUX circulation, walls, landscaping and a portion of the parking requirements are waived. Item #6 Request to establish a restaurant facility USE with on -sale beer and wine in an existingERMIT commercial building in the C -1-H District, and f1866 the acceptance of an offstreet parking agreement for a portion of the required offstreet APPROVED parking spaces. N NDI- TIONALLY Location: Lot 13, Tract No. 1210, located at 500 West Coast Highway, on the northerly side of West Coast Highway, across West Coast High- way from Bayshores. Zone:. C -1-H i A licant: Carina E. Arnett, Beverly Sheedy, and Phillis McGill, Corona del Mar Owner: Bob Taube, Newport Beach Assistant Dire for - Planning Hewicker advised that staff is s gesting that the Applicant provide parking o the basis of one space for each 40 square feet of net public area. If this were to be accomplis d, it would involve either the acquisition of two ff-site parking spaces, or the reduction of the interior net public area by approximately 80 uare feet. Mr. Hewicker advised that t e Planning Commission has the right to alter this p rking requirement to provide a maximum of one sp e per 30 square feet of net public area or a min' um of one space per 50 square feet of net pu lic area. Public hearing was opened in connectio with this item and Carina Arnett, Applicant, ppeared before the Planning Commission and stated that it would not be a problem to reduce the in rior net public area by 80 square feet. There being no others desiring to appear and be heard, the public hearing was closed. Page 15 November 1, 1983 ! ! -0 - D033 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Enclosed for recordation is the executed and notorized original Off -Site Parking Agreement between the City of Newport Beach and Charles W. Masters for The Fernleaf Caffe located at 2640 East Coast Highway in Newport Beach. Said Agreement was approved by the City Council on June 12, 1978 by the adoption of Resolution No. 9375. Please record and return to us. Sincerely, dL"� g• W/ Wanda E. Andersen City Clerk WEA:lr Enclosure (1) City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 04 JUN T 2 1978 n., the CITY CC/ ' RESOLUTION NO. 9375 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERIC TO EXECUTE AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND PILAR WAYNE IN CONNECTION WITH USE PERMIT NO. 1772 (AMENDED) 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 Pilar Wayne in connection with Use Permit No. 1772 (amended); and WHEREAS, the City Council has reviewed the terms and conditions of said 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 agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said 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 12th day of June ATTEST: City Clerk 1978. DDO /kb 6/5/78 LEASE THIS LEASE is executed at Corona del Mar, California, this m day of June, 1978 between CHARLES W. MASTERS, Lessor and PILLAR WAYNE, Lessee. THE PARTIES AGREE AS FOLLOWS: 1. DEMISED PREMISES - Lessor leases to Lessee and Lessee hires from Lessor upon the terms and conditions hereinafter set forth, those certain prem- ises located in the City of Corona del Mar, California, more particularly described as follows: Ten parking spaces of the private no fee parking lot for the Fernleaf Building, 2700 E. Coast Highway Lessor does not guarantee to Lessee the freedom of the demised premises from unauthorized use by persons who are neither customers or invitees of Lessee. In no case shall the designated spaces for the MEDI -RX PHARMACY be used. 2. TERM - The term of this lease shall be for a period of three (3) years, no months and no days, commencing on the 1st day of July 1978 and ter- minating on the 30th day of June 1981. 3. OCCUPANCY OF PREMISES - Lessee shall use the demised premises for parking for the FERNLEAF CAFE from the hours of 7:00 p.m. to 2:00 a.m. seven nights per week. 4. RENT - Lessee shall pay to Lessor without deduction or offset, prior notice or demand, ONE HUNDRED TWENTY FIVE DOLLARS ($125.00) per month payable in advance on the first day of each month, commencing July 1, 1978 and contin- uing through June 30, 1979; thereafter on the anniversary date of each year of the term, rent will be adjusted to reflect increased cost of living as reflected by the April Consumer Price Index (U) of the anniversary year as compared to the April Consumer Price Index (U) of the preceding year; however, in no case shall the rent be less than $125.00 per month. 5. SECURITY DEPOSIT - As a material part of the consideration of this Lease, Lessee shall deposit with Lessee upon execution and delivery of the lease, ONE HUNDRED TWENTY FIVE DOLLARS ($125.00) as security for the payment of the rent reserved. Upon condition that Lessee shall have performed fully all of the terms, conditions and covenants to be performed by Lessee hereunder, Lessor shall return to Lessee said sum herewith deposited, without interest, upon the termination of this Lease. I . 6. MAINTENANCE AND REPAIR - The premises and every part thereof, are at the date hereof in good order, condition and repair. Policing of the parking lot shall be a mutual responsibility and the parties jointly agree to use their best efforts to maintain the lot in good order and repair. In addition to the rent, Lessee shall pay to Lessor one fourth (aa) of the cost of re- surfacing or re- striping the parking lot occasioned by normal use of the demised premises upon presentation of itemized billing from Lessor. Lessor reserves the right to change the parking lot layout from time to time. 7. EXCESS TAXES - In addition to all other amounts herein specified, Lessee shall pay to Lessor on the 15th day of November of each year of the term hereof, commencing on the 15th day of November 1978, twenty five per cent (25 %) of in- creased taxes with respect to taxes for fiscal year 1977 -78. Lessee shall have the right to inspect the bills for the taxes in question. Pro - ration of said pay- ments by Lessee shall be made when necessary for the first and last years of the lease term. B. INSURANCE - Lessee at his sole cost and expense, but for the joint benefit of Lessor and Lessee, shall procure and maintain in full force and effect during the term hereof the following insurance coverages in companies satisfactory to Lessor, and at all times shall keep Lessor supplied with certificates showing such insurance to be in full force and effect: (a) Public liability insurance with limits of not less than.$100,000 in respect to injury or death to a single person and not less than $300,000 in respect to any one accident and with limits not less than $100,000 for property damage. If any act on the part of Lessee or use of the premises by Lessee shall cause directly or indirectly any increase of Lessor's insurance expense, said additional expense shall be paid by Lessee to Lessor upon demand. 9. ASSIGNMENT, SUBLETTING, ETC. - Lessee shall not assign this lease nor any interest therein and shall not sublet the demised premises or any portion thereof or any right or privilege appurtenant thereto, or suffer any other person to use the demised premises or any portion thereof, without the prior written consent of Lessor. 10. OPTION - Upon notification by written notice from Lessor that these parking spaces are for lease, Lessee shall have the option of extending the term of the lease for a period of two years, commencing July 1, 1981 and ending June 30, 1983, under the same terms and conditions, except that the rent shall be increased to a comparable rate for similar properties but in no case shall the rent be less than the rent specified for the last period of the original lease. This option must be exercised in writing by Lessee within five (5) days from notification of availability. EXECUTED THE DAY, YEAR AND PLACE FIRST ABOVE WRITTEN BY: ,j CHARLES W. MASTERS, Lessor RECORDING REOU% -ED BY 1.59 �', AND WHEN RECORDED MAIL TO S300 NAM[ Mr. and Mrs. George R. Riche ADORIs' 5308 Seashore CI *Y& Newport Beach, California STATE L 92660 J MAIL TAX STATEMENTS TO NAM[ ADDRESS Same as Above C^TY i cauioaM!� ! F i� f j I DOCUM�rX der- - - i.2., = S 7��= FN + I- _ o loess . _. , k p\%i c f`n C. ' DK I Q$31 PC RECORDED 7ATREQUEST OF SECURICO, IN OFFICI:p� OF ORANGE , CALIF. 8:00AM AUG, 2 1973 J. WYLIE CARLYLE. County Recorder SPACE ABOVE THIS LINE FOR RECORDER'S USE 139 Documentary transfer lax $... ...95...70..._. - -- .-- _ - -... 4;� Computed on full %aloe of property conveyed, or -[7 C puled th full value ]!A-,s !ie S encumbruncek`��/"" 9,gnature wining therear t ti Vol .. ,� of declarant or agent de[erminm tax -firm name �7 ❑Unincorporated areaFCity of..rryu,rl�.�rF -.tcse Grant Deed ED BY SECURITY TITLE INSURANCE COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ANN BRIDGE SMITH hereby GRANT(S) to GEORGE R. RICHTER and BETTY JANE RICHTER, husband and wife the following described real property in the City Of Newport Beach county of Orange , of California: All of Lot 4 in Block L of ract No. 323, in the City of Newport Beach, as shown on a map recorded in book 14, pages 40 and 41 of Miscellaneous Maps, records of Orange County, California, and that portion of Lot 5 in Block L of said Tract 323, described as follows: Beginning at the Northwesterly corner of said Lot 5 and thence South- easterly along Southwesterly line of said Lot 5 and the Northeasterly line of Coast Boulevard a distance of 31.20 feet; thence North 740 36' East to a point in the Southeasterly line of said Lot 5; thence North 390 381 East along said Southeasterly line to the most Easterly corner of said Lot 5; thence North 500 22' West along the Northeasterly line said Lot 5 to the most Northerly corner thereof; thence South 740 361 West along the Northwesterly line of said Lot 5, 133.30 feet to the point of beginning. July 23, 1973 STATE OF CALIFORNIA COUNrY Op _ ORANGE _ SS. On— ..._. —._. July 31 ..19773 _before me, the under signed, a Notary Public in and for said County and State, personally appeared_— — FOR NOTARY SEAL OR STAMP _..._ 2 -vmith — — —� —._.. —_. ,known to me to be the /person --- os, e me_ _subscribed to the within OFFICIAL SEAL instrumeJrt ani+ ark ate__Shg__executed the same. ��1��n LYNN W. P I Y /U - i / / — - ,NOTARY P °U li ORNIA -� -.— ORANGE CGU >: rY i Ignature of 71 • My Commission Expires June 9, 1975 Lynn etty ........................ ..............................i ' -- Nano, yped or Printed) of Notary Title Order \o. _ -- ___f•scrow No.__________.__ _ ___. .R =_v. -57; 8 Pt. MAIL TAX STATEMENTS AS DIRECTED ABOVE ANNL 444 STATE OF CALIFORNIA COUNrY Op _ ORANGE _ SS. On— ..._. —._. July 31 ..19773 _before me, the under signed, a Notary Public in and for said County and State, personally appeared_— — FOR NOTARY SEAL OR STAMP _..._ 2 -vmith — — —� —._.. —_. ,known to me to be the /person --- os, e me_ _subscribed to the within OFFICIAL SEAL instrumeJrt ani+ ark ate__Shg__executed the same. ��1��n LYNN W. P I Y /U - i / / — - ,NOTARY P °U li ORNIA -� -.— ORANGE CGU >: rY i Ignature of 71 • My Commission Expires June 9, 1975 Lynn etty ........................ ..............................i ' -- Nano, yped or Printed) of Notary Title Order \o. _ -- ___f•scrow No.__________.__ _ ___. .R =_v. -57; 8 Pt. MAIL TAX STATEMENTS AS DIRECTED ABOVE RECORDING REQL( 'ED BY 1 592 ' Dx Z 0831 FG 140 RECORDED AT REQUEST OF. SECURITY TITLE ID1S. CD. IN OFFICIAL RECORD$ OF AND WHEN RECORDED MAIL TO $3.00 ORANGE COUNTY, CALIF. NAME Mr. & Mrs. George R. Richter .D $'�A't'I nUS 2 ;�7� ADDRESS 5308 Seashore 1. Nf.R(E CARLYLE Co!I q_- .� ' y CITY a Newport Beach, California -- ----__ STATE 92660 SPACE ABOVE THIS LINE FOR RECORDER'S U5E MAIL TAX STATEMENTS TO FDocumentary transfer tax $ ------ 5.70_...................... NAME )n Computed on full value of property conveyed, or ADDRESS ❑Computed on full value l�"]' li 3 mbrane' %ry= –C•-e3 Same as AbOVe maned there n t m a J I I ? Ii.� DOCUME�TNRY _...._..r agent determining t firm CALIF08RIA TAX Signature of declarant or agent determining tax -firm namP_ 3C _ ❑ Unincorporated area 29 City of 14?, r°d-J' _ ea. 95.70 � o roars ' v _:.. 7 1 ' `Grant Deed L -1 • •THIS FORM FURNISHED BY SECURITY TITLE INSURANCE COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WALTER M. TATUM, JR. and ESTHER B. TATUM, husband and wife, as joint tenants lhereby GRANT(S) to �} GEORGE R. RICHTER and BETTY JANE RICHTER, husband and wife �2. the following described real property in the (I.1 county of Orange , state of California: /r 1: All of Lot 4 in Block L of Tract No. 323, in the City of t Beach, as s-bown on a map recorded in book 14, pages 40 and 41 cellaneous Maps, records of Orange County, California, and that n of Lot 5 in Block L of said Tract 323, described as follows: R K- Beginning at the Northwesterly corner of said Lot 5 and thence South- easterly along the Southwesterly line of said Lot 5 and the North- easterly line of Coast Boulevard a distance of 31.20 feet; thence North 740 36' East to a point in the Southeasterly line of said Lot 5; thence North 390 381 East along said Southeasterly line to the most Easterly corner.of said Lot 5; thence North 500 22' West along the Northeasterly line of said Lot 5 to the most Northerly corner thereof; thence South 741 36' West along the Northwesterly line of said Lot 5, 133.30 feet to t int of beginning PARCEL 2: Lots 11 and 13 in Block 732 of the orona de Mar the city of Newport Beach, as shown a map ecorded in book 3, pages 41 and 42 of iscelldn ous Ma s, r�rd of *,, V Orange County. i � Dated. July 23. 1973 "z, -ti. �� WA,LTER..M. TATUM, JR. STATE OF CALIFORNIA COUNTY OF— .ORANGE I SS On Jul.y_23 I 7_m -�_ 3 _...__before me, the under signed, a Notary Public in and for said County and State, personally appeared_ e l._tar_M _-Tatum. Tr_ and - -_ _---- Esther_ B —Tatum -- known to me to be the perso: `-+' .whose names are:ubscrlbed tnthewithin instrument and ar U nowledged the .executed the same. Signature of Notary Dale H. Heinly Naar (Typed or Printed) of Notar7 Title Order \o.____ ...._ ____.__-- Escrow No B. TATUM FOR NOTARY SEAL OR STAMP , n: u:. vcnnnnun;.:: v: w:: mm�nrt'.,,, n:,•^:: nv::: :::,:n::::::r .::..:.:.::.....:: CFFIL . D L ^IO D "1 E d HEI Ll = U Y My Commission £xp es S. 1575 ' L -1 (G.S.) (Rev. 5 .5 ?) 8 pt. MAIL TAX STATEMENTS AS OIRZCTEO ABOVE RECORDING REO Ik rED BY 0 AND WHEN RECORDED MAIL TO NAME �Mr• & Mrs. George R. Richter ADDRESS 5308 Seashore C,,,. Newport Beach, California STATE L 92660-1 MAIL TAX STATEMENTS TO F NAME ADDRESS Same asj �jAbove 1 I j DOCLiNIEN iAr RY czuf ;5t I i ' TAXI - ?' l� -- a 5. 7001 - Pa ( BY 10831 Pc 141 RECORDED AT REQI $3.00 SECURITY TITLEI'iS IN OFFICIAL E; �'CO ORANGE COUNTY, 8:0010A AUG 2 197 J. WYLIE CARIYLE, Ccen'y SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary transfer tax S_ ... 95.70 Computed on full value of property conveyed, or 4Dorn.,,,utjed on full value ess liens & encumbrances ning there n at Signature of declarant or agent determining tax firm name ❑ Unincorporated areafv3City ofe.Gipr.. `Grant Deed psi- loz -s6 Y L -I THIS FORM FURN ISN ED BY SECURITY TITLE INSURANCE COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JOE W. MOORE, JR. and MARGARET MILLINGS MOORE, husband and wife as joint tenants hereby GRANT(S) to GEORGE R. RICHTER and BETTY JANE RICHTER, husband and wife k, the following described real property in the county of Orange state of California: f3 Parcel 1: All of Lot 4 in Block L of Tract No. 323, in the City of Newport Beach, as shown on a map recorded in book 14, pages 40 and 41 of Miscellaneous Maps, records of Orange County, California, and that portion of Lot 5 in Block L of said Tract 323, described as follows: Beginning at the Northwesterly corner of said Lot 5 and thence South- easterly along the Southwesterly line of said Lot 5 and the North- easterly line of Coast Boulevard a distance of 31.20 feet; thence North 740 361 East to a point in the Southeasterly line of said Lot 5; thence North 390 38' East along said Southeasterly line to the most Easterly corner of said Lot 5; thence North 500 22' West along the Northeasterly line of said Lot 5 to the most Northerly corner thereof; thence South 740 36' West along the Northwesterly line of said Lot 5, 133.30 feet to the point of beginning. Dated_— Itt1y 9._ 3. 1971 _! STATE OF (.gLIFORNIA COUNTY OF_.__— GRANGE J SS. Jul y 30, 1973 before me, the under signed, a Notary Public in and for said County and State, personally to be the 5 nature of f Lvnd W. Pet N ;:,u, (Typed or 1 of Notary JO W. MO RE, JR. MARGA T MILLINGS ORE FOR NOTARY SEAL OR STAMP re__ known to me I to the within................................. . ............ .. ....... ... sl the same. /:° OFr1(_ –W. SEA! \\ LYNN �:a, 1;0[ARY PU;;1.1 ^..rv.;'sY'i ;.; i my Comm;ssioa Expires Jvne r.', 16 I Title Order \o._ _�_____ Escrow \o. _ —,_. L -I (G.S ) ( ? =_v. 5 _7; 8 Pt. MAIL. TAX STATEMENTS AS DIRECTED ABOVE