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Home My WebLink About207 62ND STREET11111111 lill 11111111111111111111111111 lill Ill. lill *NEW FILE* 207 62nd STREET r COMMISSIONERS *CITY OF 'NEWPORT BACH .Z a MINUTES f ROLL CALL �� January 18, 1973 INDEX Motto X Following discussion, Planning Commission approved All Aye Use Permit Application No. 1652 subject to the following conditions: 1. That development shall be in substantial com- pliance with the plot plans as submitted except for minor modifications which may be .approved by the Department of Community Development. 2. 'That a ten foot rear yard shall be maintained s indicated. The front yard shall be extended t a minimum of twenty feet as measured from the ltimate right-of-way line of 16th Street and a inimum separation of eight feet shall be main ained between buildings. 3. That at su time as the property is to be divided for a purpose of lease or sale, the applicant sha file a resubdivision application and parcel map. Property lines shall be drawn in such a manner as to meet all applicable zoning and subdivis n requirements and main- tain a minimum densit of one dwelling unit for each 2500 sq. ft. net land area. • 4. That all new construction rk to be accomplished in the parkway along 16th St eet be in accordance with an approved permit issue by the City of Costa Mesa. 5.. That the sewer service connection b satis- factory to the Costa Mesa Sanitary Di trict. 6. ' That water service be taken from the Cit of Newport Beach 8" A.C.P. Main located in 1 h Street in a manner satisfactory to the Publi Works Department. 7. That a fifteen foot radius corner cut-off be dedicated for street and highway purposes at Tustin Avenue and 16th Street. Item #B5 ,Request for approval of an off -site parking agree- ment for fourteen parking spaces to be used in OFF -SITE PARKING conjunction with a proposed restaurant. WITHDRAWN Location: Lot 6, Block 2, Seashore Colony Tract, located at 207 - 62nd Street in West Newport. Page 8. COMMISSIONERS CITY OF NEWPORT BRACH 94in`� v m v O ynm� a ^ m ,Sn Z Z MINUTES ,� Z P P Qen ce1im�m January 18, 1973 INDEX Motion All Ayes X Zone: C-1-H Applicant: Kelly's Enterprises, Inc., Los Angeles 'Owner: John Mullitas This application was withdrawn at the request of the applicant. ADDITIONAL BUSINESS: Request to change the name of that street designa- STREET ted as "Port Dunbar Drive" to "Seawind Drive". NAME CHANGE Location: Tract 7845, recorded on October 31, 1972. APPROVED Zone: P-C Applicant: Donald L. Bren Co. Ow r: The Irvine Company, Newport Beach Motion X Follo 'ng review of the request, Planning Commissio All Ayes approve changing the name of that street designate as "Port nbar Drive" to "Seawind Drive". Planning Com 'ssion adopted the following resolu- tions: Motion X Resolution No. 78 etting a public hearing for All Ayes February 15, 1973, consider an amendment to the Newport Beach Municip Code to either remove residential uses as a p mitted use i•n commercial zones or to require a use ermit for residential uses in commercial zones. Motion X Resolution No. 787 setting a p lic hearing for All Ayes February 15, 1973, to consider a amendment to the Harbor View Hills Planned Communit to reduce the perm fitted density in the multi-fami areas. Motion X Resolution No. 788 setting a public hea •ng for All Ayes February 15, 1973, to consider an amendme t to the Big Canyon Planned Community to reduce he permitted density in the multi -family areas. Page 9. 0 0 H. H. REISMAN JAMES A SCHMIESING PATRICK L. BARNES REISMAN' & SCHMIESING B33 DOVER DRIVE, SUITE 6 NEWPORT BEACH,'CALIFORNIA 92660 TELEPHONE (714) 646-713I January 12, 1973 Mr. William Foley Department of Community Development City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 RE: Off -Site Parking Agreement - Kelly's Enterprises, Inc. Dear Mr. Foley: OF COUNSEL MURRAY M. CHOTINER i` 9 �p C O�1pNe(\ I• ~F V� GGy�' 091 Q6 peP ' NO k o C116ca, P This letter is written in confirmation of our telephone conversation of January 12, 1973. This office represents John Mullins and James J. Florence, the lessors under the Ground Lease dated.September 1, 1972. The par- cel of land referred to in this Ground Lease is that 50' x 75' vacant parcel and adjacent to the Newport Ski & Tennis Shop and identified by the Assessor as Parcels 8 And 9. The Ground Lease does not cover or give the right to Kelly's Enterprises to use the space between the Ski Shop and Coast Highway. For your information, we have enclosed herewith a plot plan on which we have outlined the leased ground. If any further information is needed, please so advise. Very truly yours, REI MAN & SCHMIESING B Jame A. Schmiesing / JAS:bh Enclosure cc: Mr. John Mullins Tustin Heights Sporting Goods 1096 E. 4th Street Tustin, California Kelly's Enterprises, Inc. 8267 Santa Monica Boulevard 'Los Angeles, California' 90046 , IT,"M / a. &-s` l d � This is not a survey of the nd but is compiled for information by the iA Title Insurance and Trust Company from data shown by the official records, COMMISSIONERS *CITY OF N EWPORT BRACH 2 ym42;A n, mrymyp T �yN rtam^' �N ZAZ A ROLL CALL November 2, 1972 MINUTES INDEX Zone: C-1-Z Applicant: Allen -Wallace Corporation, Glendora Owner: Virginia D. Fields, Balboa Motion X At the request of the attorney for the applicant, All Ayes anning Commission removed this item from the ca dar. Item #5 Request to pe it the construction of a public USE parking garage at exceeds the basic height limit PERMIT within the 25/35 t height limitation zone, and 1636 the acceptance of an nvironmental Impact Report. CONT.TO Location: Lot 1, Tra 1235, and a portion of NOV. 16 Lot 2, Tract 17, located northerly of Via Lido, ea rly of Newport Boulevard, and sou erly of Via Oporto, in Central Ne ort. Zone: C-1 Applicant: Eastman-Koll Company, Newport ch Owner: Don Koll Company, Newport Beach Motion All Ayes X At the,request of the applicant, this matter was continued to the meeting of November 16, 1972. Item #6 Request for approval of an off -site parking agree- OFF -SITE PARKING GRANT ment for sixteen parking spaces to be used in conjunction with a proposed restaurant. Location: Lot 6, Block 2, Seashore Colony REMOVED Tract, located at 207 - 62nd Street FROM in West Newport AGUDA Zone: C-1-H Applicant: Kelly's Enterprises, Inc., Los Angel s Owner: John Mullins Motion X At the request of the staff, Planning Commission All Ayes removed this item from the agenda. Page 7. Planning Commission Meeting Nov. 2, 1972 Agenda Item No. 6 CITY OF NEWPORT BEACH October 31, 1972 TO: Planning Commission FROM: Department of Community Development SUBJECT: Request for approval of an off -site parking agreement F sixteen<?no spaces to a use �n con.iunclion with a proposed restaurant. LOCATION: Lot 6, Block 2, Seashore Colony Tract, located at 207 - 62nd Street in West Newport ZONE: C-1-H APPLICANT: Kelly's Enterprises, Inc., Los Angeles OWNER: John Mullins This request was continued from the Planning Commission meeting of October 19, 1972, for the receipt of revised plot plans. There are _ several details pertaining to this request which still remain. ' The staff, therefore, would recommend that this matter be removed from the agenda.. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director Lz stant Director JDH/kk Item No. 6 14 14tLSllll Octobmr'31, 1-972 Mr. Albert Gil'b rt Kelly's Enterprises, Inc. $517 Holloway Got Angelesi California 9000 Uear Mr. Gilbert: We are in,reeeipt of your letter of'Septem4tr 12', 197,2 and'revised plot plans dated October 18, 1972, pertaining to your request 'to establish 'off -site parking -for a pro- posed restaurant at 207 - 62nd Street 'in West Newport. A review of the ;plot plans. ind'i-cater that' many di-mensions have been omitted and that the parking layout has -not -been designed, to 'muni•cipa,l standards. In addition, we have several questions pertaining to the hours and operation of the proposed restaurant and how they are rglA ted to tht operation of the Tennis an4_ Ski Shop across the street, I would, therefore,•request,that.you�arrange art aRpotnt- ment at your earli-e-st convenience to resolve.these questions before proceeding any further with the pracess.i'ng of•the' parking agreement. I may be reached between the 'hours of 8,00 A.M. and 5:00 P.M. 4t 673»2110.• The area code is 714, - Very truly 'yours, DEPARTMENT Off' COMMUNITY DEVELOPMENT R. V. HOGAN, Director 8y J D:. NEWICKE�R� As is •ant Director COMMISSIONERS —(CITY OF NEWPORT ACH m yin MINUTES �a2m � P ROLL CALL nr+nKan 1Q_ 1Q79 INDEX Item #24 Request for approval of an off -site parking agree- REQUEST ment for sixteen parking spaces to -be used in con- OR junction with a proposed restaurant. V ROVAL Location: Lot 6, Block 2, Seashore Colongy CONT. TO Tract, located at 207 - 62nd 'NOV. 2 Street in West Newport. Applicant: Kelly's Enterprises, Inc. Los Angeles 'Owner: John Mullins Motion X At the request of the staff pending receipt of All Ayes additional information requested from the Appli- cant, the Planning Commission continued this matte to November 2, 1972. ADDITIONAL BUSINESS: Motion X Planning Commission adopted Resolution No. 774 and Ayes X X X X X set a public hearing for November 16, 1972, to Abstains consider an amendment to Title 20 of the Newport Beach Municipal Code pertaining to redistricting portions of Central Balboa from C-1 District to R-2 District. * * * * * * * * * * Motion X The P1 ning Commission approved starting the Ayes X X X study se ion at 2:00 P.M. instead of 3:00 P.M. Abstains X and ending 5:30 P.M. * * * * * * * * * * Motion The Planning Commission designated the Chairman All Ayes and Ex-Officio Secretary write a recommendation to Council regarding the st f shortage of Community Development Departme t and requesting th funding of replacements for two P positions, Assistant Planner and Associate PI a er, which are vacant and unfunded plus the funding one addi- tional new position that will be respon 'ble for the administration and coordination of En onmen- tal Impact Reports for analysis and eva•luati Motion X All Ayes There being no further business, Planning Commis - Page 28. Planning Commi *n Meeting Oct. 19, 1972 Agenda Item No. 24 CITY OF NEWPORT BEACH October 17, 1972 TO: Planning Commission FROM: Department of Community Development SUBJECT: Request for approval of an off -site parking agreement for sixteen parking spaces to be used in conjunction with a proposed restaurant. LOCATION: Lot 6, Block 2, Seashore Colony Tract, located at 207 - 62nd Street in West Newport. APPLICANT: Kelly's Enterprises, Inc., Los Angeles OWNER: John Mullins Pending receipt of revised plot plans, the staff recommends that consideration of this request be continued to the Planning Commis- sion meeting of November 2, 1972. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director II LIYi VI\LI\, stant Director JDH/kk Item No. 24 R•1 ........ .... OFF -SITE PARKING- AGBE E M jke1p'!6 Q9nterprf!5e0,9nc. OFFICE- 8517 HOLLOWAY DRIVE LOS ANGELES. CALIF. 90069 ti (213) 652-5195 Zo/ 0 ," CENTRAL ACCOUNTING OFFICE September 279 1972 Community Development Department City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92660 Attn: Planning Director Gentlemen: o60, HOLLYWOOD $267 SANTA MONICA BLVD 656.1288 MARINA DEL REY JAMAICA INN AREA I4ISO W. PALAWAN WAY 823.4646 SAN DIEGO 250 HOTEL CIRCLE NORTH MISSION VALLEY 296.2131 PALM SPRINGS 551 S. PALM CANYON 325.3110 BUENA PARK 7035 ORANGETHORPE AVE. (NEAR KNOTT) (714) 522.7255 I am interested in obtaining approval for off -site parking (16) in conjunction with a restaurant which has a capacity of 48 seats. This off -site parking will be located across the street from this planned restaurant as per figure. Also included are documents to indicate my desires for proceeding with the building of this restaurant. Without your permission for this off -site parking, this planned excellent restaurant cannot be realized. An early reply to my request will be greatly appreciated. Very truly yours, lG� Albert Gilt t� AG:ah Encl. V LA C A Kelp OFFICE- 8517 HOLLOWAY DRIVE LOS ANGELES, CALIF. 90069 (213) 652-5195 CENTRAL HOLLYWOOD 8267 SANTA MONICA BLVD ACCOUNTING 658.1288 OFFICE MARINA DEL REY JAMAICA INN AREA 14160 W. PALAWAN WAY 823.4646 PAN DIEGO 250 HOTEL CIRCLE NORTH MISSION VALLEY September 12, 1972 296.2131 PALM SPRINGS 551 S. PALM CANYON 325.3110 Community Development Department BUENA PARK 7035 ORANGSTHORPE AVE. City of Newport Beach (NEAR KNOTT) 3300 Newport Blvd. (7114) 522.7255 Newport Beach, California 92660 Gentlemen: We are submitting herewith for your approval, proposed plans for off -site parking (16 spaces) for a 48 seat restaurant to be located at �62nd Street. Also enclosed is a copy of the ground lease on this property and an accompanying letter from the leasor's attorney. An early reply to our request will be greatly appreciated. Very truly yours, AG:ah Encl. SEASHORE o 14' r toll 15 13 � /d OS $ COAST ur SHORES se• s-s• COLONY ti h O ,e•IL I TRACT MARCH I.949 10 MARCH /970 SEASHORE COLONY TR ADD. NM 7-25 RIVER SECTAON M M. 4 - 25 BOULEVARD NOTE - ASSESSOR'S # BLOCK 9 LOT NUMBERS SHOWN /N CIRCLES �J ASSESSOR BOOK 45 P COUNTY Of • LAW OFFICES. REI$MAN & SCHMIESING H. H. REISMAN 633 DOVER DRIVE, SUITE 6 JAMES A. SCHMIESING NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (714) 646-7131 September 1, 1972 Kelly's Enterprises, Inc. 8517 Holloway Drive Los Angeles, California 90069 ATTENTION: Albert Gilbert Gentlemen: OF COUNSEL MURRAY M. CHOTINER, We are attorneys for John Mullins. He has requested that we prepare a Ground Lease for the land in Newport Beach which you wish to utilize for parking. Accordingly, we have prepared and have enclosed herewith the original and three copies of such a Ground Lease. Please review it and, if satis- factory, execute the original and two copies and return them to the undersigned with your check for $900.00, representing the first rental installment. I will then have a copy of the lease executed by Mr. Mullins and Mr. Florence and return it to you for your records. If you have any questions, please call the undersigned. Very truly yours, ames A. JAS:ms Enc. Schmiesing 4 GROUND LEASE This Lease, made this 1st day of September, 1972, by and between JOHN MULLINS and JAMES'J. FLORENCE, herein referred to as "tessors" and KELLY'S ENTERPRISES, INC., herein referred to as "Lessee." 1. LEASED LAND. For -and in consideration of the payment of the rent and of the performance of all of the covenants and conditions of this lease by Lessee, Lessors hereby lease to Lessee that certain parcel of land situ- ated in the City of Newport'Beach, County of Orange, State of California, more particularly described as that vacant parcel of 'land located immediately to the south of 6110 Pacific Coast Highway, Newport Beach, California. 2. TERM. The term of the said lease shall be for three years and three months, commencing on the 1st day of September, 1972, and ending on the 30th day of November, 1975, except that Lessors shall have -the option to sooner terminate this lease on written notice at.least'sixty (60) days in advance of the earlier termination date, on the terms set forth hereinafter. 3. RENTAL. Lessee agrees to pay to Lessors as rental for the use and occupancy of the leased land under this lease, the sun of $900.00 for the first fifteen months and $900.00 for each succeeding year, payable in advance. 4. USE. During the term hereof, Lessee shall use and occupy the premises only, for the parking of a'atoc:obilec and related uses. 5. EASEMENTS. Lessors shall have an easement for ingress, egress and parking, to and over the leased land. 6. IMPROVEMENTS. Lessee shall make no improvements on the leased land without the prior written consent of Lessor except that Lessee shall, at its sole expense, black- top and stripe said leased land. 7. REPAIRS AND UPKEEP. Lessors shall not be required or obligated to make any changes, alterations, additions, improvements, or repairs in, on or about the leased land or any part thereof, during the term of this lease. At all times during said term, Lessee shall, at its cost and expense, keep and maintain said leased land and all improvements thereon and all facilities appertant thereto, in good order and repair and safe condition, and'shall keep all improvements thereto and landscaping thereon in a clean, sanitary, orderly and attractive condition; and Lessee shall make any and all additions to or alterations or repairs in and about said land and the improvements thereon which may be required by and shall otherwise observe and comply with all public laws, ordinances and regulations from time to time applicable to said land; and Lessee shall not allow any debris or rubbish to accumulate on the leased land; and Lessee shall not store any hazardous materials or chemicals on the leased land; and Lessee shall indemnify and save harmless Lessors against all actions, claims and damages by reason of Lessee's failure to comply with and perform the provisions of this paragraph. - 1 - .,.. w. a'�v'axy9et"n^^•+•••;. _.�:-rwMu'e°x9" i'�'"-;^gR'.yty`r—w'b.'^*,q..w<e..a .. �.-�.ury�r.p.uo ,.r�'%';.....�..w�yra�-.�,F.rve ;r 8. LESSORS' NON -LIABILITY. Lessors shall not be liable for any loss, damage or injury of any kind or character to any person or property arising from'any use of the leased land, or•any part thereof, or caused by any defect in any building, structure or other improvement thereon, or any equipment or other facility thereon, or - caused by or arising, from any act or omission of Lessee, or any of its_ agents, employees, licensees,"or invitees, or by or from any accident on said land or any fire or other casualty thereon, or occasioned by the failure of Lessee to maintain the premises in a safe condition, or arising from any other -cause whatsoever; then Lessee, as a material part of.the consideration of this lease, hereby waives on its behalf all claims and demands against Lessors for any such loss, damage.or injury of Lessee, and hereby agrees to indemnify and hold Lessors entirely free and harmless from all liability for any such loss, damage or injury of other persons, and from all costs and expenses arising therefrom. ' 9. INSURANCE. Lessee shall,, at its sole cost and expense, at all times during the term of this lease, main- tain in force for the joint benefit of Lessors and Lessee, a broad form comprehensive coverage policy of public liabi- lity insurance by the terms of.which Lessors and Lessee are named as insured and are indemnified against liability for damage or injury to the property or person (including death) of any Lessee or invitee of Lessee, or•any other person entering upon or using the leased land, or any structure thereon, or any 'part thereof, arising from the use and occu- pancy thereof. Such insurance policy or policies shall be maintained on the minimum basis of $25,000 to property and W$100,000 for bodily injury to or death of one person, and 0,000 for bodily injury to or death in any one accident. Such insurance policy or policies shall be stated to be primary but non-contributing with any insurance which may be carried by Lessors and Lessee shall deliver to Lessor on demand the certificate of each insurance carrier as to.each such in- surance, policy. Failure to deliver such certificate of insur- ance on demand shall give the right to Lessor, at its option, to declare on three days' written notice, this lease null and void and of no further force and effect. 10. ASSIGNMENTS AND SUBLETTING. Lessee shall not encumber, assign or otherwise transfer this lease, or any right or interest hereunder, or in or to any of the improve- ments that thereafter may be constructed or installed on the leased land, and Lessee shall not sublet said premises in whole or in part without the prior written consent and approval of the Lessor. 11. HOLDING OVER. This lease shall terminate and become null and void without further notice upon the expiration of the term'specifted, and any holding over by Lessee after the expiration of said term shall not constitute a renewal hereof, or give Lessee any rights hereunder or in or to the leased land, except as otherwise herein provided, it being'understood and agreed that this lease cannot be renewed, extended or in any manner modified except in writing signed by both parties hereto. ' 12. TERMINATION. In the event Lessors terminate this lease prior to the expiration thereof, they shall reimburse - 2 - ... n-x�w.n .y_ _ h.:ap•yMttp.,q.plr .. •- yyer'+.. _. _e •sire w.•.r.�w...-.� n.ywm+ne M:N+....m • � , _ ..... ..y, �.•..w+"t...•- t.ymrv�.,.�ptp�w+� •t � n Lessee a pro-rata portion,of its actual cost of blacktopping and striping the leased land. 13. ATTORNEY FEES. In -the event -either party retains an attorney at law to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney fees and costs. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed and effective as of the date and year first above written. LESSORS KELLY'S ENTERPRISES, INC. [1 • NEWPOR T W i q k u r a a ..SEASHORE o 14 r /o IS 13; efs . s• - -� -- i COAST Ur !e- ti W h I_ _- SHORES .PSI COLONY .._ rrs- • rs n' /t ' ,8 2 i> -1 o - I � I•f,�' ( /! e , MARCH 1949 10 MARCH 1970 SEASHORE COLONY TR ADD. MM. 7-25 RIVER SECTAON M M. 4 - 25 * 3 RIVER DRIVE C � T � 15, ti * 14 66g Q I I 13 b 3e ' o BOULEVARD NO TE — ASSESSOR 'S 'BLOCK B LOT NUMBERS SHOWN /N CIRCLES L ASSESSOR BOOK 45 F COUNTY Ol H. H. REISMAN JAMES A. SCHMIESING LAW OFFICES REISMAN & SCHMIESING 633 DOVER DRIVE, SUITE 6 NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (7141 646•7131 ;September 1, 1972 Kelly's Enterprises, Inc. 8517 Holloway Drive Los Angeles, California 90069 ATTENTION: Albert Gilbert Gentlemen: OF COUNSEL MURRAY M.CHOTINER We are attorneys for John Mullins. He has requested that we prepare a Ground Lease for the land in Newport Beach which you wish to utilize for parking. Accordingly, we have prepared and have enclosed herewith the original and three copies of such a Ground Lease. Please review it and, if satis- factory, execute the original and two copies and return them to the undersigned with your check for $900.00, representing the first rental installment. I will then have a copy of the lease executed by Mr. Mullins and Mr. Florence and return it to you for your records. JAS:ms Enc. 1 4. If you have any'questions, please call,the undersigned„ Very truly yours, ames A. Schmiesing , ! 4 V 7 rll • ± r it 11 � I Ir ,r I M f GROUND LEASE This Lease, made this 1st day of September, 1972, by and between JOHN MULLINS and JAMES J. FLORENCE, herein referred to as "Lessors" and KELLV S ENTERPRISES, INC., herein referred to as "Lessee." 1. LEASED LAND. For and in consideration of the payment of the rent and of the performance of all of the covenants and conditions of this lease by Lessee, Lessors .hereby lease to Lessee that certain parcel of land situ- ated in the City of Newport Beach, County of Orange, State of California, more particularly described as that vacant parcel of land located immediately to the south of 6110 Pacific Coast Highway, Newport Beach, California. 2. TERM. The term of the said lease shall be for three years and three months, commencing on the 1st day of September, 1972, and ending on the 30th day of November, 1975, except that Lessors shall have the option to sooner terminate this lease on written notice at least sixty (60) days in advance of the earlier termination date, on the terms set forth hereinafter. 3. RENTAL. Lessee agrees to pay to Lessors as rental for the use and occupancy of the leased land under this lease, the sum of $900.00 for the first fifteen months and $900.00 for each succeeding year, payable in advance. i I. 4. USE. During the term hereof;':Lessee shall use and occupy the premises only for the parking of automobiles and related uses. 5. EASEMENTS. Lessors shall have an easement for ingress, egress and parking, to and over the leased land. 6. IMPROVEMENTS. Lessee shall make no improvements on the leased land without the prior written consent of Lessor except that Lessee shall, at its sole expense, black- top and stripe said leased land. 7. REPAIRS AND UPKEEP. Lessors shall not be required or obligated to make any changes, alterations, additions, improvements, or repairs in, on or about the leased land or any part thereof, during the term of this lease. At all times during said term, Lessee shall, at its cost and expense, keep and maintain said leased land and all improvements thereon and all facilities appertant thereto, in good order and repair and safe condition, and shall keep all improvements thereto and landscaping thereon in a clean, sanitary, orderly and attractive condition; and Lessee shall make any and all additions to or alterations or repairs in and about said land and the improvements thereon which may be required by and shall otherwise observe and comply with all public laws, ordinances and regulations from time to time applicable to said land; and Lessee shall not allow any debris or rubbish to accumulate on the leased land; and Lessee shall not store any hazardous materials or chemicals on the leased land; and.Lessee shall indemnify and save harmless Lessors against all actions, claims and damages by reason of Lessee's failure to comply with and perform the provisions of,this paragraph. - 1 - 8. LESSORS' NON -LIABILITY. Lessors shall not be liable for any loss, damage or injury of any kind or character to any person or property arising from any use of the leased land, or•any part thereof, or caused by any defect in any building, structure or other improvement thereon, or any equipment or other facility thereon, or - caused by or arising from any act or omission of Lessee; or any of its agentsi,,4employees, licensees, or invitees, or by or from any accident on said land or any fire or other casualty thereon, or occasioned by the failure of Lessee to maintain the premises in a safe condition, or arising from any other cause whatsoever; then Lessee, as a material part of the consideration of this lease, hereby waives on its behalf all claims and demands against Lessors for any such loss, damage or injury of Lessee, and hereby agrees to indemnify and hold Lessors entirely free and harmless from all liability for any such loss, damage or injury of other persons, and from all costs and expenses arising therefrom. ' 9. INSURANCE. 'Lessee shall, at its sole cost and expense, at all times -during the term of this lease, main- tain in force for the joint benefit of Lessors and Lessee, a broad form comprehensive coverage policy of public liabi- lity insurance by the terms of which Lessors and Lessee are named as insured and are indemnified against liability for damage or injury to'the property or person (including death) of any Lessee or invitee of Lessee, or -any other person entering upon or using the leased land, or any structure thereon, or any part thereof, arising from the use and occu- pancy thereof. Such insurance policy or policies shall be maintained on the minimum basis of $25,000 to property and $100,000 for bodily injury to or death of one person, and $300,000 for bodily injury to or death in any one accident. Such insurance policy or policies shall be stated to be primary but non-contributing with any insurance which may be carried by Lessors and Lessee shall deliver to Lessor on demand the certificate of each insurance carrier as to.each such in- surance policy. Failure to deliver such certificate of insur- ance on demand shall•give the right to Lessor, at its option, _-•to declare on three days' written notice, this lease null and void and of no further force and effect. 10. ASSIGNMENTS AND SUBLETTING. Lessee shall not encumber, assign or otherwise transfer this lease, or any right or interest hereunder, or in or to any of the improve- ments that thereafter'may be constructed or installed on the leased land, and Lessee shall not sublet said premises in whole or in part without the prior written consent and approval of the Lessor. 11. HOLDING'OVER. This lease shall terminate and become null and void without, further notice upon the expiration of the 'term specified,,and any holding over by Lessee after the expiration of said term shall not constitute a renewal hereof, or give Lessee any rights hereunder or in or to the leased land, except as otherwise herein provided, it being understood and agreed that this lease cannot be•renewed, extendeo or in any manner modified except in writing signed by both parties hereto. " 12. TERMINATION. In the event Lessors terminate this' lease prior to the expiration thereof, they shall reimburse 6 - � ', i ,,'„ij ln(',�'^r �l,;'y�l�', •, rnY 11p r1;• 1 1 �'�1 i-vim...«...-..------ -__-._._-•.... Lessee a pro-rata portion of its actual cost of blacktopping and striping the leased land. 13. ATTORNEY FEES. In the event either party retains an attorney at law to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney fees and costs. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed and effective as of the date and year first above written. LESSORS KELLY'S ENTERPRISES, INC. LESSEE I' - 3 - s l 1 . LAW OFFICES REISMAN & SCHMIESING H. H. REISMAN 833 COVER DRIVE, SUITE S JAMES A. SCHMIESINO NEWPIORT BEACH, CALIFORNIA 92660 TELEPHONE I714I 646•7131 'September 1, 1972 0 Kelly's Enterprises, Inc. 8517 Holloway Drive Los Angeles, California 90069 ATTENTION: Albert'Gilbert OF COUNSEL MURRAY M. CHOTINER Gentlemen: .. 4... We are attorneys for John Mullins. He has requested that we prepare a Ground Lease for the land in Newport Beach which you wish to utilize for parking. Accordingly, we have prepared and have enclosed herewith the original and three copies of such a Ground 'Lease. Please review it and, if satis- factory, execute the original and two copies and return them to the undersigned with your check for $900.00, representing the first rental installment. I will then have a copy of the lease executed by Mr. Mullins and Mr. Florence and return it to you for your records. If you have any:questions, please call the undersigned. Very truly yours, • t i ames A. Schmiesing JAS:ms Enc. _ t ' I i . .' •!,• ,fl ill Ll•i•, 1' 'L�1�1 �•111,,r' �+r � ' ' 1 h a • 4 GROUND LEASE This Lease, made this 1st day of September, 1972, by and between JOHN MULLINS and JAMES J. FLORENCE, herein referred to as "Lessors" and KELLY'S ENTERPRISES, INC., herein referred to as "Lessee." 1. LEASED LAND. For and in consideration of the payment of the rent and of the performance of all of the covenants and conditions of this lease by Lessee, Lessors hereby lease to Lessee that certain parcel of land situ- ated in'the City of Newport"Beach, County of Orange, State of California, more particularly described as that vacant parcel of land located immediately to the south of 6110 Pacific Coast Highway.; `'Newport Beach, California. 2. TERM. The term of the said lease shall be for three years and three months, commencing on the 1st day of September, 1972, and ending on the 30th day of November, 1975, except that Lessors shall have the option to sooner terminate this. lease on written notice at least sixty (60) days in advance of the earlier termination date, on the terms set forth hereinafter. 3. RENTAL. Lessee agrees to pay to Lessors as rental for the use and occupancy of the leased land under this lease, the sum of $900.00 for the first fifteen months and $900.00 for each succeeding year, payable in advance. 4. USE. During 'the term hereof, Lessee shall use and occupy the premises onl} for the parking of automobiles and related uses. 5. EASEMENTS. Lessors shall have an easement for ingress, egress and parking, to and over the leased land. 6. IMPROVEMENTS. Lessee shall make no improvements on the leased land without the prior written consent of Lessor except that Lessee shall, at its sole expense, black- top and stripe said leased land. 7. REPAIRS AND�UPKEEP. Lessors shall not be required or obligated to make any changes, alterations, additions, improvements, or repairs in, on or about the leased land or any part thereof, during the term of this lease. At all times during said term, Lessee shall, at its cost and expense, keep and maintain said leased land and all -improvements - thereon and all facilities appertant thereto, in good order and repair and safe condition, and shall keep all improvements thereto and landscaping thereon in a clean, sanitary, orderly and attractive condition; and Lessee shall make any and all additions to or alterations or repairs in and about said land and the improvements thereon which may be required by and shall otherwise observe and comply with all public laws, ordinances and regulations from time to time applicable to said land; and Lessee shall not allow any debris or rubbish to accumulate on the leased land; and Lessee shall not store any hazardous materials or chemicals on the leased land; and Lessee shill indemnify and save harmless Lessors against all actions, claims and damages by'reason of Lessee's failure to comply with and perform the provisions of,this paragraph. - 1 - 8. LESSORS' NON-LIABT.LITY. Lessors shall not be liable for any loss, damage or injury of any kind or character to any person or property arising from any use of the leased land, or•any part thereof, or caused by any .defect in any building, structure or other improvement thereon, or any equipment or other facility thereon, or - caused by or arising from any act or omission of Lessee, or any of its agents, employees, licensees, or invitees, or by or from any accident on said land or any fire or other casualty thereon, or occasioned by the ,lilure of Lessee to maintain the premises in a safe conaition, or arising from any other cause whatsoever; then Lessee, as a material part of the consideration of this lease, aereby waives on its behalf all claims and demands against Lessors for any such loss, damage or 'injury of Lessee, and hereby agrees to indemnify and hold Lessors entiroly free and harmless from all liability for any such lc•s, damage or injury of other persons, and from all costs and expenses arising therefrom. 9. INSURANCE. Lessee shall, at its sole cost and expense, at all times during the term of this lease, main- tain in force for the joint benefit of Lessors and Lessee, a broad form comprehensive coverage policy of public liabi- lity insurance by the terms of which Lessors and Lessee are named as insured and are indemnified against liability for damage or injury to the property or person (including death) of any Lessee or invitee of Lessee, or any other person entering upon or using the leased land, or any structure thereon, or any part thereof, arising from the use and occu- pancy thereof. Such insurance policy'or policies shall be maintained on the minimum basis of $25,000 to property and $100,000 for bodily injury to or death of one person, and $300,000 for bodily injury to or death in any one accident. Such insurance policy or policies shall be stated to be primary but non-contributing with any insurance which may be carried by Lessors and Lessee shall deliver to Lessor on demand the certificate of each insurance carrier as to each such in- surance policy. Failure to deliver such certificate of insur- ance on demand shall give the ri;it to Lessor, at its option, to declare on three days' written notice, this lease null and void and of nb further force and effect. 10. ASSIGNMENTS AND SUBLETTING. Lessee shall not encumber, assign or otherwise transfer this lease. or any right or interest hereunder, or in or to any of L improve- ments that thereafter may be constructed or installed on the leased land, and lessee shall not sublet said premises in whole or in part without the prior written consent and approval of the Lessor. 11. HOLDING OVER. This lease slLa.L.l terminate an.d become null and void without further notice upon the expiration of the term specified, and any holding over by Lessee after the expiration of said term shall not constitute a :_ewal hereof, or give Lessee any rights hereunder or in or to �e leased land, except as otherwise herein provided, it '..ng understood and agreed that this lease cannot be ren.wed, _. �.nded or in any manner modified except in writing signed by ooth parties hereto. 12. TERMINATION. In the event Lessors terminate this lease prior to the expiration thereof, they shall reimburse 2 - , ' , Lessee a pro-rata portion of its actual cost of blacktopping• and striping the leased land. 13. ATTORNEY FEES. In the event either party retains an attorney at law to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney fees and costs. IN WITNESS WHEREOF, the parties hereto have caused •this instrument to be executed and effective as of the date and year first above written. LESSORS KELLY'S ENTERPRISES, INC. I ............. . . By. LESSEE „ - 3 - J � LAW OFFICES REISMAN & SCHMIESING H. H. RE13MAN a33 DOVER DRIVE, SUITE 6 JAMES A.SCHMIE'JINO ' NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE 1714) 646•7131 September 1, 1972 OF COUNSEL. MURRAY M. CHOTINER Kelly's Enterprises, Inc. 8517 Holloway Drive Los Angeles, California 90069 ATTENTION: Albert Gilbert Gentlemen: We are attorneys for John Mullins. He has requested that we prepare a Ground Lease for the land in Newport Beach which you wish to utilize for parking. Accordingly, we have prepared and have enclosed herewith the original and three copies of such a Ground Lease. Please review it and, if satis- factory, execute the original and two copies and return them to the undersigned with your check for $900.00, representing the first rental installment. I will then have a copy of the lease executed by Mr. Mullins and Mr. Florence and return it to you for your records. If you have any questions, please call the undersigned. Very truly yours, 7 ames A. Schmiesing JAS:ms Enc. , 1 L GROUND LEASE This Lease, made this 1st day of September, 1972, by and between JOHN MULLINS and JAMES J. FLORENCE, herein referred to as "Lessors" and KELLY'S ENTERPRISES, INC., herein referred to as,"Lessee." 1. LEASED LAND. For and in consideration of the payment of the rent and of the performance of all of the covenants and conditions of this lease by Lessee, Lessors hereby lease to Lessee that certain parcel of land situ- ated in the City of Newport Beach, County of Orange, State of California, more particularly described as that vacant parcel of land located immediately to the south of 6110 Pacific Coast Highway, Newport Beach, California. 2. TERM. The term of the said lease shall be for three years and three months, commencing on the 1st day of September, 1972, and ending on the 30th day of November, 1975, except that Lessors shall have the option to sooner terminate this lease on written notice at least sixty (60) days in advance of the earlier termination date, on the terms set forth hereinafter. 3. RENTAL. Lessee agrees to pay to Lessors as rental for the use and occupancy of the leased land under this lease, the sum of $900.00 for the first fifteen months and $900.00 for each succeeding year, payable in advance. 4. USE. During the term hereof, Lessee shall use and occupy the premises only -for the parking of automobiles and related uses. 5. EASEMENTS. Lessors shall have an easement for ingress, egress and parking, to and over the leased land. 6. IMPROVEMENTS. Lessee shall make no improvements on the leased land without the prior written consent•of Lessor except that Lessee shall, at its sole expense, black- top and stripe said leased land. 7. REPAIRS AND UPKEEP. Lessors shall not be required or obligated to make any changes, alterations, additions, improvements, or repairs in, on or about the leased land or any part thereof, during the term of this -lease. At all times during said term, Lessee shall, at its cost and expense, keep and maintain said leased land and all improvements thereon and all facilities appertant thereto, in good order and repair and safe condition, and shall keep all improvements thereto and landscaping thereon in a clean, sanitary, orderly and attractive condition; and Lessee shall make any and all additions to or alterations or repairs in and about said land and the improvements thereon which may be required by and shall otherwise observe and comply with all public laws, ordinances and regulations from time to time applicable to said land; and Lessee shall not allow any debris or rubbish to accumulate on the leased land; and Lessee shall not store any hazardous materials or chemicals on the leased land; and Lessee shall indemnify and save harmless Lessors against all actions, claims and damages by reason of Lessee's failure to comply with and perform the provisions of.this paragraph. - 1 - •• • .8. LESSORS' NON -LIABILITY. Lessors shall not be liable for any loss, damage or injury of any kind or character to any person or property arising from any use of the leased land, or,any part thereof, or caused by any defect in any building, structure or other improvement thereon, or any equipment or other facility thereon, or - caused by or arising from any act or omission of Lessee, or any of its agents, employees, licensees, or invitees, or by or from any accident on said land or any fire or other casualty thereon, or occasioned by the failure of Lessee to maintain the premises id a safe condition, or arising from any other cause whatsoever; then Lessee, as a material part of the consideration of this lease, hereby waives on its behalf all claims and demands against Lessors for any such loss, damage or injury of Lessee, and hereby agrees to indemnify and hold Lessors entirely -free and harmless from all liability for any such loss, damage or injury of other persons, and from all costs and expenses arising therefrom. 9. INSURANCE. Lessee shall, at its sole cost and expense, at all times during the term of this lease, main- tain in force for the joint benefit of Lessors and Lessee, a broad form comprehensive coverage policy of -public liabi- lity insurance by the terms of which Lessors and Lessee are named as insured and are indemnified against liability for damage or injury to the property or person (including death) of any Lessee or invitee of Lessee, or -any other person entering upon or using the leased land, or any structure thereon, or any part thereof, arising from the use and occu- pancy thereof. Such insurance policy or policies shall be maintained on the minimum basis of $25,000 to property and $100,000 for bodily injury to or death of one person, and $300,000 for bodily injury to or death in any one accident. Such insurancelpolicy or.policies shall be stated to be , primary but non-contributing with any insurance which may be carried -by Lessors. and Lessee shall deliver to Lessor on demand the certificate of each insurance carrier as to.each such in- surance policy. Failure to•deliver such certificate of insur- ance on demand shall give the- right to Lessor,;at its option, to declare on three days' written notice,,.this-lease null and void and of no further force and effect•i• 10. ASSIGNMENTS AND SUBLETTING. Lessee shall not encumber, assign or -otherwise transfer -this lease, or any right or interest hereunder, or in or to any of the improve- ments that•thereafter may be constructed•orlinstalled on the leased -land,,n-and Lessee shall not sublet sa1d premises in whole or•in part without the prior written consent and approval of the Lessor. 11. HOLDING OVER. This lease shall terminate and become null and void without further notice upon the expiration of the term specified, and any holding over by Lessee after the expiration of said term shall not constitute a renewal hereof, or give Lessee any rights hereunder or in or to the leased land, except as otherwise herein provided;• it -being -understood and agreedlthat this -lease -cannot be -renewed, extended or in any manner •modified�except in writing, signed, by b&th parties .( it lly flit l:V 1 :. •� 0, `l'IMI11NATION i" I'll • fif• l ITYI1111- ff.;rui(1it1,14".111in. luttge PtIok' l'u• Llt�;;��t`�ff-,uLkl t I 'Eheiteu,r. NIey'bIiit'1'I 1!6:[nIbuiLlo 2 - jjjV Lessee a pro-rata portion of its ,actual cost of blacktopping and striping the leased land. 13. ATTORNEY FEES., In the event either party retains an attorney at law to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney fees and costs. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed and effective as of the date and year first above written. LESSORS KELLY'S ENTERPRISES, INC. . ......... .... By. LESSEE c 3 _ .. 15n. m Z C N m 3 m N } F- - Q --`F 4 I l/ j r ! i 2, 9 f ; rO i m CD lw MT 'ABC i. ''=,Y YiWYf< - Gl�*. I 'T... CID- 1 Y 11730 VENTURA BLVD. - STUDIO CITY, CALIF. TR. 79671 984-0770 D E S I G N E R S & S U P P L I E R S 0 F F O O D S E R V I C E F A C I L 17 1 E S NvII I E 1 PRUNING ••21••- d _ 10 zqt q 'i }n---------------- M 3MI'ff aj (D TM MD)a 117J M� 11730 VENTURA BLVD. STUDIO CITY, CALIF. TR. 79671 984-0770 D E S I G N S R'S & S U P P L LE R S 0 F F O O D S E R'V I C E F A C I L I T I E S I