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HomeMy WebLinkAbout3390 VIA LIDOIIIIIIII IIII III IIIII IIIIIII IIIII IIIIII IIII III IIII*NEW FILE* 3390 VIA LIDO �.r r _ COUN CI ME N , a m co m� 'RCN ao AT VZ1" 5 ROLL CALL m T N 2 A m CITY OF NEWPORT BEACH npramhPr Q _ 1 Q7JL MINUTES INDEX BA-29, $5,000 transfer of Budget Appropriations for implementation of Litter Control Program from Unappropriated Surplus to Nondepartmental, Services - Professional, Technical, etc., General Fund. BA-30, $8,480 increase and transfer of Budget Appropriations for the purchase of a beach tractor; $5,600 decrease in Unappropriated Surplus and $2,880 from Unappropriated Contingency.Reserve; to General Services -Field Maintenance, Rolling Equipment, General Fund. BA-31, $11,000 increase and transfer of Budget Appropriations for expansion and repair of existing Balboa Coves noxious odor reduction system; $9,000 from Unappropriated Contingency Reserve and $2,000 Donations and Contributions; to General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Community Development Off -site Department regarding an a reeiment wait a dui. Parking/` Koll, amending the 1960 dff-site harking_ agreement .�.... t . y Elegant ., with Newport Balboa Savings and Loan Association Noodle & in conjunction with Resubdivision No. 433 at Tiffany's 3366_ ia-Lido_on the northeasterly side of Via Lido, southeasterly of Via Oporto, in the Lido Village Area. for a proposed restaurant (The Elegant Noodle) and a private club (Tiffany's) on the top floors of the Imperial Savings and Loan Building, zoned C-1-H. Resolution No. 8407, authorizing the Mayor and R-8407 City Clerk to execute an amendment to an off -site parking agreement with Donald M. Koll; for the Motion x Elegant Noodle restaurant and Tiffany's private Ayes x x x x x club, wasadyopted. 2. A report was presented from the Community Development Prezoning Department regarding Planning Commission Amendment Herb View No. 437 in connection with a proposed prezoning Hills/ ordinance and amendments to the Harbor View Hills PC Amend - Planned Community Development Standards, Sector IV. ments A report was presented from the Community Development Tract 8725 Department regarding the Tentative Map of Tract No. 8725. A letter from The Irvine Company was presented requesting the public hearings on its applications for prezoning, Planned Community Amendments and Tentative Tract Map 8725 be set for January 13. Motion I The following ordinance was reintroduced and was Ayes K x x x x x X combined with (b) and (c) into one public hearing, which hearing was set for January 13, 1975: -(a) Ordinance No. 1581, being, AN ORDINANCE OF THE 0-1581 CITY OF NEWPTHEORT BEACH PREZONING UNINCORPORATED TERRITORY LOCATED EASTERLY OF NEW MAC ARTHUR BOULEVARD AND THE PROPOSED EXTENSION OF SPYGLASS HILL ROAD ADJOINING THE SAN JOAQUIN RESERVOIR, Volume 28 - Page 301 Cl 3 Q(X. j: J'UNITr• QE'.`E CPMENT IN RESOLUTION NO. 8 40 7, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO AN OFF - SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND DONALD M. KOLL WHEREAS, there has been presented to the Citv Council of the City of Newport Beach an amendment to an off -site parking agreement between the City of Newport Beach and Donald M. Koll; and WHEREAS, the City Council has considered the terms and conditions of said amendment 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 amendment to an 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 9th day of December , 1974. ATTEST: City Clerk Mayor FA Ed c r {' o:. 016197 4®. DEC OXI e�of DDO/bc 12/4/74 r l Planning'Commission Meeting Nov. 21, 1974 Item No. 5 CITY OF NEWPORT BEACH November 15, 1974 TO: Planning Commission FROM: Department of Community Development SUBJECT: Off -Site Parking Agreement in conjunction with a pro - Dosed restaurant and a private club in a 5 story offi LOCATION: Parcel 1 of Parcel Map 60-43 (Resubdivision No. 433) located at 3366 Via Lido on the northeasterly side of Via Lido, southeasterly of Via Oporto, in the Lido Village Area. ZONE: C-1-H APPLICANT: Donald M. Koll, Newport Beach Application This application requests approval for an amendment to an existing off -site parking agreement in conjunction with a proposed restaurant and a private club in an existing 5 story office building in the Lido Village area. In accordance with Section 20.38.040 of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the build- ing site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a Teasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development Environmental Significance This project has been reviewed, and it has been determined that it will not have any significant environmental impact. Item No. 5 i TO-: Planning Commission - 2. Subject Property and Surrounding Land Use The 5 story Koll Building (formerly a portion of the Imperial Savings Building) and 20 parking spaces are located on the property in question. To the northwest, are commercial buildings within "Lido Village"; to the northeast, is Newport Bay; to the southeast, is the 2 story Imperial Savings Building and 22 parking spaces; and to the south and west, across Via Lido, are commercial uses. Background At its meeting of August 20, 1959, the Planning Commission approved Use Permit No. 544 to allow the construction of what is now the sixty -foot high Koll Building at 3366 Via Lido. The Commission also approved Variance No. 555 which permitted seventy-one (71) of the required parking spaces for the five -story building to be located on a separate lot at the southeasterly corner of 32nd Street and Villa Way. The off -site parking agreement which pertains to employee parking as well as business invitees, was recorded on January 15, 1960. Since that time, Imperial Savings and Loan has sold the 5 story wing of the existing structure to the Don Koll Company, and is in the process of relocating all of its operations within the 2 story wing of the building. Resubdivision No. 433, to create two sites where a single development existed, was approved by the Planning Commission on February 21, 1974. It should be noted that since the existing off -site parking agreement runs with the land and binds the present owners as well as any successors and since the applicant and Imperial Savings both have the right to joint use of all on -site as well as off -site parking facilities, it was not necessary to amend the existing agreement at the time that the resubdivision was processed. Analysis The existing 5 story Koll Building consists of office space on the first three floors, an employees cafeteria and kitchen on the fourth floor, and a glass screened "promenade deck" and equipment rooms on the fifth floor. The applicant is now proposing to lease the third floor of the building for a private club and the fourth floor for.a restaurant. Both uses will be operated only after 6:00 P.M., Monday through Saturday, and after 10:00 A.M. on Sunday. The applicant is proposing to satisfy the parking requirements by utilizing-(1) all existing on -site spaces, (2) all spaces in the existing off -site parking lot at the corner of 32nd Street and Villa Way and (3) surplus spaces in the Lido Village parking structure which are available during the evening hours. Because the proposed uses involve a change in use or additional use of the space involved and because the uses will require additional off -site parking, an amendment to the existing off -site parking agree- ment is required. Proposed Development on Third Floor The applicant is proposing to convert the existing office space on the third floor of the Koll Building into a private club serving alcoholic beverages and containing a 350 sq. ft. dance floor. No live entertainment is anticipated, as dancing will be to recorded music. The occupant load of the proposed development is approximately 270 persons, based upon one person/15 sq. ft. of 3300 sq. ft. in the drinking area and one person/7 sq. ft. on the 350 sq. ft. dance floor. Ninety (90) parking spaces would therefore be required for the proposed facility, based upon one parking space for each three occupants. However, because this floor was formerly occupied as office space and 17 parking spaces already exist either on -site or off -site for this use, the proposed club will require a net increase of 73 spaces. Item No. 5 TO: Planning Commission 3. Proposed Development on Fourth Floor The attached plot plan for the proposed "Elegant Noodle #2" Restaurant indicates a dining room with 134 seats and a cocktail lounge contain- ing 39 seats, fora total of 173 seats. However, the occupant load for the restaurant facility would be approximately 192 persons, based upon the ratio of one person/15 sq. ft. of dining and drinking areas. Approximately sixty-four (64) parking spaces for the restaurant use would therefore be required-(i.e., one parking space for each 3 occupants). Staff is of the opinion that inasmuch as this space was formerly occupied by a kitchen and an employees cafeteria and inasmuch as there was no parking required for those uses, any new use of the space should provide full parking based on existing, standards. Parking Areas for Proposed Development The required number of parking spaces for the private club and the restaurant is approximately 137 spaces. The applicant intends to utilize the following parking areas for the proposed development: Parking lot on 32nd Street and Villa Way 72 spaces* Parking spaces in front of 5 story Koll Building 20 spaces Parking spaces adjacent to 2 story Imperial Savings Building 22 spaces Parking spaces in Lido Village Parking Structure, minus 175 spaces required for the Warehouse Restaurant and 10 spaces required for Miones Delicatessen that will be open at night. (393 spaces minus 185 spaces) 208 Spaces Total number of extra parking spaces for proposed development 322 spaces *The attached letter from the applicant dated October 29, 1974, indicates that there are 76 spaces in the 32nd Street parking lot. However, a field inspection indicated that there are only 72 usable parking spaces on the site. Recommendation Staff has no objections to the applicant's request to amend the existing off -site parking agreement for the proposed development in the 5 story Koll Building, since the proposed facilities will be operated only after 6:00 P.M. during the week when most of the adjacent retail and office uses in Lido Village area will be closed and the off -site parking lots are within a reasonable distance of the uses they are to serve. Staff therefore recommends that the existing off -site parking agree- ment be amended with the exact number of spaces to be determined (137 spaces ±) following a submittal by the applicant of more accurate and scaled drawings of the proposed development. In addition the staff also recommends that all signs required to direct customers and identify the off -site parking sites be submitted to and approved by the Depart- ment of Community Development. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By_ *A-e 4%1�og William R. Laycoc , Senior Planner WRL/sh Item No. 5 Y TO: Attachments: Planning Commission - 4. Vicinity Map Letters from the Applicant and October 29, 1974 Existing Third Floor Plan Existing Fourth Floor Plan Proposed Fourth Floor Plan dated October 25, 1974 Izi 51 C-1-H J IA.r LY PA L C: i.H Rv �b C-2'8 tr2-H �'2, /may o ��H ' & RV ° o y0�, R okle H .c?0.' r o °4� y GV Qi \\\\ 8 C6. CA•y \ \ Co? CO SUBJECT ?ROPtRTY C (z0 PARk1N& SPACA�llp , \<�` . 1 �-12 'PARK i ner srACE5 IIQ b \ \ 3!K^ CON .1 s \\71 Sl CES C \ \\ wee C-1-H BRIOc \ YJ6 \ \ Ay 9,r <N/O DISTRICTING MAP NPORT BEACH — CALIFORNIA AGRICULTURAL RESIDENTIAL E MULTIPLE RESIDENTIAL SINGLE FAMILY RESIDENTIAL C-1 LIGHT COMMERCIAL DUPLEX RESIDENTIAL F-6--i-I GENERAL COMMERCIAL RESTV MULTIPLE FAMILY RESIDENTIAL MANUFACTURIMO -ORD. NO. 655 COMBINING DISTRICTS - _.._....: _. �AI-1 }mow z'^S UN0.A9SIFIED ....��... ................ DEC 26,19,D OFF-sIT� ?AWKINO ACMEMIENT FOR KotL 8v1l.plN4, MWICAT NG PARKING S'PAcEs roR . • . 'PRQPOSEV vEV�LOPM�AIj . J TIMOTHY L. $TRADER ATTORNEY AT LAW 1, 1901 DOVE STREET ��•,� ;p NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (714) 833-2830 October 25, 1974 City of Newport Beach i 3300 Newport Boulevard Newport Beach, California '92660 Attention: Mr. James D. Hewicker- Reference: Restaurant and Private Club at 3366 Via Lido, Newport Beach, California Gentlemen: Donald M. Koll is the owner of the Imperial Savings and Loan five story building located at 3366 Via Lido, Newport Beach. Enclosed with this letter is a copy of the Off -Site Parking Agreement with the City of Newport Beach which affects this building and the adja- cent two story building owned by Imperial Savings. Don is in the process of leasing the 4th Floor of the building for restaurant use. The 4th Floor has a full kitchen and was used as an employees' kitchen by Imperial Savings. Enclosed is a floor plan showing the location of the kitchen on the 4th Floor. In addition, Don is in the process of leasing the 3rd Floor of the building to a private club. Both the restaurant and the private club will be operated only after 6:00 P.M. daily and the parking will be provided by the existing parking facilities covered by the Off -Site Parking Agreement. We request an amendment to the existing Off -Site Parking Agreement to permit the operation of a restaurant on the 4th Floor and to permit the operation of a private club on the 3rd Floor with off -site parking for these operations in the locations provided for in the Off -Site Parking Agreement after 6:00 P.M. daily and 10:00 A.M. on Sunday. We would appreciate if this matter could be set for hearing at the earliest possible time. Valla , TIMOTHY L. STRADER TLS:dh Enclosures l TIMOTHY L. STRADER ATTORNEY AT LAW •� 1901 DOVE STREET NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (714) 833-2830 October 29, 1974 City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Attention: Mr. James D. Hewicker Reference: Restaurant and Private Club at 3366 Via Lido, Newport Beach, California Gentlemen: Enclosed is the 3rd Floor plan of the Imperial Savings and Loan building that you requested. I have reviewed our files and we do not have a plot plan showing the location of the three separate parking lots and request that you use a xerox copy of a portion of the City zone district map and place on that map the following information: 76 spaces in the 32nd Street parking lot; 20 spaces in front of the five story building; and 22 spaces on the side of the two story building, for a total of 118 spaces. In addition, utilizing the 393 spaces available in the parking structure less the 175 spaces required for The Warehouse Restaurant evening use as provided in the August 29, 1974 Minutes of the Planning Commission interpreting Use Permit No. 1711, it appears that there are some 336 spaces available for night time use in the Lido Village project. In addition to the request to amend the Off -Site Parking Agreement, we request the right to utilize the Lido Village parking structure for the restaurant/private club use at 3366 Via Liao for any spaces in excess of the 118 spaces which are available at the Imperial Savings building. As you know, the Imperial Savings building was not a part of the original Lido Village project and was acquired in May of this year. Very truly your TIMOTHY L. STRADER TLS:dh Enclosure 1 _ M •t _/_ —_ - 11 rig t: : �' s .t I� 10 b' I OS b^ ' i : } 10 4 ; ~�I—y- 'l0) fy- i •y, 9vf �' 't t [ I " - � ve t 7 • i• l is r -i• I- •i •-r :•y y: -u, [ i' • 1_ •I. I 1 i -r - - S r W`. �•S .I i - >t' — tl S - -.. .. .. f i.'<• t �.. a .�' ••i:., : I. � .• . • • •- is - ... •. -}emu l!�Q• 2 �Il� J,'�••• ,,r' :.' 'a•t .. ... - i::•� }-: • 1, .a _ V t .�� u P _t _ 1� 1.• 4 IL,_ Is 6• e 1 0 -`QD. - 1 {� 1RLI QILITGU�N - ' • '' 1 - wcrTnSrv,,N - MD X it -� -134 ` PQOp05ED - ELE:a.6, T NoQPLE #2 NEwpoRi j5rj\-c4 gECE1'd E° V , 5aF9 / 9 Cor ^- 5 �v K I! :d C:em 1/1$160 (7) 4 AGREEMENT 21 3 THIS AGREEMENT, made by and between the CITY OF NEWPORT BEACH, a 4 municipal corporation„hereinafter called "City", and NE14PORT BALBOA SAVINGS 5 AND LOAN ASSOCIATION, a corporation, hereinafter called "Associatioa", is 6 predicated upon the following; 7 RECITALS .8 Association proposes to erect an addition to an existing building 9 at 3366 Via Lido in the City of Newport Beach and has applied fo= a variance 10 permitting the reduction of off-street parking required by the Newport Beach 11 Municipal Code and in lieu thereof has proposed installation of an off -site 12 automobile parking area to be established and maintained for use in connection 131I with said existing building and proposed addition. The property on which 14 said addition will be situated is all that certain real property in the City 15 f of Newport Beach, County of Orange, State of California, described as follows: 16 I The northwesterly 20 feet of Lot 7, all of lots 8 to 14, inclusive, and the southeasterly 40 feet 17 of Lot 15, Tract 1622, as per map recorded in Book 472 page 39, of Miscellaneous Maps, Records 18 of Orange County, California, 19 and is hereinafter referred to as "Parcel All. The property on which•said 20 off -site parking lot is to be situated is all that certain real property in 21 ! the City of Newport Beach, County of Orange, State of,California, described 22A as follows: 23 ! The Northerly 77.00 feet of Lots 23 to 30 inclusive and the -Westerly 17.74 feet of Lot 22, Block 530, 24 i Lancasters Addition to Newport Beach, as shown on a map'thereof, recorded in Book 5, Page 14 of Miscellaneous 25 I Maps, Records of Orange County, California, and that portion of 32nd Street, formerly Washington Avenue as 26 " shown on said Map and more particularly described as I follows: `A Beginning at the Northwesterly corner of said Lot 28 30, Block 530 of Lancasters Addition, thence Northerly along the Northerly prolongation of the Westerly line 29 of said Lot 30, a distance of 11.00 feet to the beginning of a curve concave to the Southeast, having 301 a radius of 15 feet; thence along said curve a distance of 23.56 feet through a central angle of 90 degrees to 3111 a point, said point being in a line 26 feet measured at right angles Northerly of and parallel to the Northerly 3211 line of Lot 30; thence Easterly along said parallel line {II i o rat 1 to an intersection with the Northerly prolongation of the Easterly line of 'the Westerly 17.74 feet of Lot 2 22 of said Block 530; thence Southerly along said Northerly prolongation 26.00 feet to the Northerly 3 line of said Lot 22, thence Westerly along the Northerly line of the Westerly 17.74 feet of Lot 22 and along 4 the Northerly line of Lots 23 to 30 inclusive to the Point of Beginning, 5 6 and is hereinafter referred to as "Parcel BO. Both of said parcels are 7 owned by the Association and the Association is entitled to the immediate 8 possession and use thereof. 9 City, by and through its duly constituted Planning Commission, 10 has granted Variance No. 555 authorizing the reduction of parking on Parcel 11 A upon the condition that Parcel B shall be used to provide the -number of 12i parking spaces presently required by the Newport Beach tdunicipal Code to 13 serve said building and proposed addition thereto on said Parcel A. 14 I Association has elected to accept said conditional variance and, I 15 I therefore, in consideration thereof, does hereby covenant and agree with i 16 I City as follows: 17 i 1. On or before the date the addition proposed to be built on 18 Parcel A is completed, Parcel B will be established and improved and there- 19 after maintained as a parking lot for use in connection with said existing 20 I building and proposed addition on Parcel A for Association employees and 21 others having lawful permissive use thereof. 22 2. Said parking lot shall contain at least seventy-one (71) 23 parking spaces of standard size. 24 3: Said parking lot on Parcel B shall be maintained to provide 25 the number of spades herein agreed upon'for as long as Parcel A and the 26 buildings and improvements existing thereon, and to be erected thereon, 27 I shall be used for any purpose which, under the laws and ordinances of the 28 City, requires that such amount of automobile parking be provided in 29 connection with such use, it is understood and agreed that Association 30 shall provide parking on Parcel A which, together with the parking to be 31 I provided on Parcel B, shall meet the present Newport Beach .Municipal Code 32 requirements for the present use and the proposed addition on said Parcel Y J LM ,,., 1' � •.. `. %y t_: is c:J 'r.::'r. . , . 1 I A and that any subsequent changes in said Code or other laws or ordinances 2 shall not operate to requirh the Association to provide additional parking 31 for the present use and said proposed addition. It is agreed, however, that 4 the City is not hereby restricted from legislative, administrative, executive 5 I or quasi-judicial action with respect to either parcel of property as such 6 1 action may now or hereafter be authorized. Should a change in use or 7 I additional use of either parcel be proposed, the regulations applicable at 8 i the time shall apply. 9II 4. This agreement and the covenants herein contained are made upon 10lI the condition that if, in the future, the Association with the approval of 11 the City Council as to location shall provide a substitute parking area, plan 1211 or system, at least equal in number of spaces to that to be provided on f 13;I Parcel B. then this agreement and the covenants herein set forth shall cease I • 14 I and terminate and be of no further force or effect, and the City shall 15 ' thereupon execute a quitclaim releasing•all claims and interest it may have 16 i in said Parcel B as created by this agreement. 17 5; This agreement shall run with the lands herein described and 18 shall bind the successors of the present owners thereof and shall be recorded 19 (I in the Office of the County Recorder of Orange County. 20 Executed January t 1960. 211 22 CITY OF NE14PMT BEACH, NEWPORT BALBOA SAVINGS AND LOAN 4mu ipal cap at nASSOCIATION, asCaliforniacorporation 23 24 By Mayor President.. 25 Attes C � /� `��• " r�~%'.. , 26 By 27 City Clerk Sec retary 28 I I 30 31 32 3. 2 3 4 5� 6 7 8 9 10 11 12 13 14 15 16 17 18 19 201 21 22 23 24 25 26 27 28 29 30 31 32 sa:K^'l1;68 FADE 24 STATE OF CALIFORNIA ) • ss COUNTY OF ORANGE ) on this /Q_C� day of January, 19600 before me, the undersigned, a Notary Public in and for said County and State, personally appeared P. A. Palmer and Florence Aarl, known to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, 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. �.� � �•�1 < fit. •�..� - •' ". Notary blic in and for. r said County and State MyCornlss;cn Exolres ;,o,. u,, lel.1; , • !• • .. ; . STATE OF CALIFORNIA : ss COUNTY OF ORANGE ) On this 15 day of January, 1960, before me, the undersigned, a Notary Public in and for said County and State, personally appeared JAMES B. STODDIM and MARGERY SCHROUDER, known to me to be the Mayor and the City Clerk, respectively, of the CITY OF NEWPORT BEACH, the municipal corporation that executed the within instrument, and acknowledged. to me that said municipal corporation executed the same pursuant to a resolution of its City Council. wgms my hand and official seal. Notary Pub is in and for% said County and State MY CI1T':I1:SIOr, Ex0'iu3 21 RECORDED AT REQUEST OF IN OFFICIAL IZCCUhDS OF ORANGE COUNTY, CALIF. K5 AIM JAN 25 1960 RUBY M11cFA1:LA\D, Couaty Recorder FREE WMMISSIONERS M I ROLL CALL CITY hInvomha" 91 OF NEWPORT BEAC MINUTES Item #5 Off -Site Parking Agreement in conjunction with a OFF -SITE• proposed "restaurant and a "pri'vate club in a 5 PARKING story office building. AGREEMENT Location: Parcel 1 of Parcel Map 60-43 (Re- AMENDMENT subdivision No. 433) located at APPROVED CONDI- 3366 Via Lido on the northeasterl'y side of Via Lido, southeasterly of TIONALLY Via Oporto, in the Lido Village Area. Zone• C-1-H Applicant: Donald M. Koll, Newport Beach Community Development Director Hogan commented on the original off -site parking agreement and the' intent to continue use of same. He also commented on a condition which required that certain signs be removed and the fact that the condition has not as yet been met, although the matter has been. called to the attention of the applicant. Planning Commission discussed the distance .between , the structure and the off -site parking lot and requested an analysis of the parking structure. Tim Strader appeared before the Commission on behalf of the applicant, Donald M. Koll, and responded to comments relative to sign removal on which they are presently negotiating for bids and their attempts to comply with the conditions as well as the Uniform Building Code in separating the 5 story building from the 2 story building. He also commented on the original off -site parking agreement and their request to amend same because of a change in the use of the building. He felt that the matter of distance between the building. - and the parking lot should not be a part of this consideration as that matter was considered when the original agreement was made. He advised the ,Commission of the proposed restaurant uses and concurred with the staff report and recommendation . Mr. Strader commentedlon the utilization of the parking lot near Hoag Hospital and the parking structure and answered questions relative to removal of signs, valet parking, directional signs indicating the 32nd Street parking lot, use of the 32nd Street parking lot by employees of the proposed restaurants,, convenience of on -street Page 7. A " COMMISSIONERS CITY OF NEWPORT BEACLJ ---- 4 m y ROLL CALL m November 21 1974 MINUTES INDEX r parking as opposed to the use of the 32nd Street parking lot by customers of the proposed restau- rants, hours of operation in Lido Village and availability of parking in the parking structure. Planning Commission discussed the possibility of imposing a condition which would require valet parking and the use of either the parking structur or the 32nd Street parking lot. They also discuss d use of the 32nd Street parking lot by employees of both the day and evening uses in the Lido Shops, the Warehouse Restaurant, and the '5 story building thereby creating additional customer parking in the parking structure. Valet parking was discussed at length as well as availability and use of parking in the area by both customers and employees of the various businesses. Motion X Following discussion, motion was•made that the off -site parking agreement be amended subject to the following conditions: 1. That the exact number of spaces be determined following a submittal by the applicant of more accurate and scaled drawings of the proposed development. 2.. That all signs required to direct customers and identify the off -site parking sites be submitted to and approved by the Department of Community Development. 3. That the "Imperial Savings and Loan" signs be removed from the 5 story building. Motion X An amendment to the motion was made to include a condition that valet parking be required with the valet parking to be directed to the parking struc- ture and the 32nd Street parking facility and that there be no valet parking on the street. Dorothy Cook, Newport Beach, appeared before the Commission and objected to valet parking for restaurants. Ayes X X X Y X Following a brief discussion, the amendment to the Noes X X motion regarding valet parking was voted on and carried. Ayes X X X Y X X X The original motion was then voted on and carried. Page 8. E DON KOLL COMPANY, INC. November S, 1974 Mr. William R. Laycock Zoning Administrator Community Development Department <` City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Re: Lido Village/Elegant Noodle Restaurant ti Dear Bill: Enclosed are five copies of the Elegant Noodle floor plan for your use. Very truly yours, Dr LL COMPANY, INC. Timothy L. Strader Senior Vice President ;: ve° and General Counsel „P!7 TLS : dh Enclosures v 111� N� S c\ aOf ,`peH, NEY1P 1Fxv. 1801 DOVE STREET. NEWPORT BEACH. CALIFORNIA 82080. (714) 833-3030 TIMOTHY L. STRADER ATTORNEY AT LAW 1901 DOVE STREET NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (714) 933-2930 October 29 1974 i City of Newport Beach sG�� C" 3300 Newport Boulevard 1' Newport Beach, California 9266-0 v rn u^ 1 Attention•: Mr. James D. Hewicker Reference: Restaurant and Private Club at 3366 Via'Lido, Newport Beach, California Gentlemen: Enclosed is the 3rd Floor plan of the Imperial Savings and Loan building that you requested. I have reviewed our files and we do not have a plot plan showing the location of the three separate parking lots and request that you use a xerox copy of a portion of the City zone district map and place on that map the following information: 76 spaces in the 32nd Street parking lot; 20 spaces in front of the five story building; and 22 spaces on the side of the two story building, for a total of 118 spaces. In addition, utilizing the 393 spaces available in the parking structure less the 175 spaces required for The Warehouse Restaurant evening use as provided in the August 29, 1974 Minutes of the Planning Commission interpreting Use Permit No. 1711, it appears that there are some 336 spaces available for night time use in the Lido Village project. In addition to the request to amend the Off -Site Parking Agreement, we request the right to utilize the Lido Village parking structure for the restaurant/private club use at 3366 Via Liao for any spaces in excess of the 118 spaces which are available at the Imperial Savings building. As you know, the Imperial Savings building was not a part of the original Lido Village project and was acquired in May of this year. Very truly your TIMOTHY L. STRADER TLS:dh Enclosure TIMOTHY L. STRADER ATTORNEY AT LAW 1901 DOVE STREET NEWPORT BEACH, CALIFORNIA 92660 DODO ��V TELEPHONE (714) 533-2930 V epy eh� October 25, 1974 6 Gj cAtia FAQ City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Attention: Mr. James D. Hewicker Reference: Restaurant and Private Club at 3366 Via Lido, Newport Beach, California Gentlemen: Donald M. Koll is the owner of the Imperial Savings and Loan five story building located at 3366 Via Lido, Newport Beach. Enclosed with this letter is a copy of the Off -Site Parking Agreement with the City of Newport Beach which affects this building and the adja- cent two story building owned by Imperial Savings. Don is in the process of leasing the 4th Floor of the building for restaurant use. The 4th Floor has a full kitchen and was used as an employees' kitchen by Imperial Savings. Enclosed is a floor plan showing the location of the kitchen on the 4th Floor. In addition, Don is in the process of leasing the 3rd Floor of the building to a private club. Both the restaurant and the private club will be operated only after 6:00•P.M. daily and the parking will be provided by the existing parking facilities covered by the Off -Site Parking Agreement. We request an amendment to the existing Off -Site Parking Agreement to permit the operation of a restaurant on the 4th Floor and to permit the operation of a private club on the 3rd Floor with off -site parking for these operations in the locations provided for in the Off -Site Parking Agreement after 6:00 P.M. daily and 10:00 A.M. on Sunday. We would appreciate if this matter could be set for hearing at the earliest possible time. V my u , i TIMOTHY L. STRADER TLS:dh Enclosures DON KOLL COMPANY, INC. April 4, 1974 Mr. Dennis D. O'Neil City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Re: Proposed Mario's Restaurant Dear Denny: We are in escrow to purchase the Imperial Savings and Loan Associa- tion five -story building located at 3360 Via Lido. Enclosed with this letter is a copy of the off -site parking Agreement with the City of Newport Beach which affects said building. We are in the process of leasing the fourth floor of the building for use, as a restaurant which will do business as Mario's. Mario's utilizes singing waiters and presently operates a restaurant in Palm Springs. Pursuant to our Purchase and Sale Agreement with Imperial Savings, we have agreed to continue joint use of the parking lots presently used by Imperial Savings. Enclosed is a copy of the Joint Use Agreement which will be delivered through escrow. Jim Hewicker informed me yesterday that it was his opinion the parking Agreement would require an amendment if we change the use to restaurant use based upon Paragraph 3 of the off -site parking Agreement. I respect- fully disagree with his conclusion based upon my reading of the Agreement. It is my opinion that if anything is required, a use permit would be required since a restaurant use is permitted in the commercial zone which covers this particular piece of property. Therefore, if we satisfy the one per three restaurant parking requirement under the existing City regulations, there is no need to amend the parking Agreement. Mario's plans to operate with an occupancy limit of 176 and to only be open after 5:00 P.M. daily. Imperial Savings closes at 4:00 P.M. 190100VE STREET. NEWPORT BEACH• CALIFORNIA 82850 • (714) 833-3030 Mr. Dennis D. O'Neil Page Two April 41 1974 Monday through Thursday and at 6:00 P.M. on Friday. We propose to apply for a use permit similar to the use permit we applied for in connection with The Warehouse Restaurant parking to permit the Mario's Restaurant operators to utilize valet parking during their operating hours. I would appreciate any opinion you may have regarding the appropriate course of action in connection with this matter. Very truly yours, DO KWStrader . 1� Timot Senior Vice President and General Counsel TLS:dh encs. cc: Jim Hewicker I, •r , JOINT USE AGREMONT This Joint Use Agreement ("Agreement") is made and effective this , day of 197_, by and between IMPERIAL SAMITGS & LOAN ASSOCIATION, a corporation, hereinafter referred to as "the Company", and DONALD M. KOLL, hereinafter referred to as "Koll". WITNESSETH: WHEREAS, Koll is the owner of that certain real•property, consisting of the land and all buildings, improvements and appur--. -tenances located -thereon, situated in the -City of Newport Beach, County of Orange, State of California described on Exhibit "A", attached hereto and by this reference made a part hereof ("Koll's• property"); WHEREAS,. the Company is the owner of that certain real pro— TJ'ertV.•cons ist-33,ia -)f the _'::ij' al-j(-al_ Lmilrlin��, appurtenances located thereon, situated in the City of Newport Beach,•County of Orange, State of California described on Exhibit "B", attached hereto and by this reference made a part hereof (" the Company's property"); WHEREAS, a parking lot with 20 parking spaces is located on Roll's property; , WHEREAS, a parking lot with 22'paxking spaces is located on the Company's property; WHEREAS, all of, said property was previously under the owner— ship of the Company; Company improved said property -with concrete pavement and other improvements in order that the two parking lots, could be used for employee,and customer parking of "the Company; and, WHEREAS, the parties desire to use the parking -lots located on EXHIBIT- J 1 .• their respective properties jointly, solely for the parking of their invitees and permitees, excluding their employees, tenants and employees of tenants (the persons entitled to use the parking lots being referred to herein as "Invitees"), over and on the above described property, subject to the terms and conditions of this Agreement. NOW THEREFORE, it is agreed: 1. 'The Company and Koll hereby mutually lease and hire to and from each other; without payment.or rent,,the' parking lots located upon the above=mentioned parcels for parking for their respective Invitees and for no other purposes, 22/42nds. of the parking space in. both lots to.be made available for the use of Invitees of the Company at all times and 20/42nds of the parking space in both lots to be available for the use of the Invitees of Koll at all times. 2. The parties hereto agree that either, may, at apv time, inci_i},_+e and �411 a- a ,.._ .,_ro nJ V3.i. U4Gl1l{41C controls over tile - parking lots located on the Company's property and on Koll's property so as to ensure that the use of the available parking space will be divided in accordance with Section 1 above. Such control may be mechanical, requiring the Use of equipments or such control may consist of the use of one or more parking attendants. The parties recognize that the nature of'the savings and'loan association business being conducted by the Company on the Company's.property is such that the parking allocable to the Company must be available to the Company's customers at all times during its regular business hours and to that end many'of such allocable parking spaces may be vacant much of the time; it is not the nature of the Company's business to have parking.areas full at any time during its regular business hours. 3. The parties will jointly maintain the two parking lots in as good condition as they east at the commencement. -2- I� of this Agreement, reasonable wear and tear and damages by act of God, the elements, fire, storm, and lightning and similar occur- rences excepted; and will operate the premises so that the same shall be used in accordance with the purposes set forth above.. The expense of maintaining and operating the premises (as well as the expenses incurred under the other provisions of this Agreement and in particular under Paragraph 2 above) shall be borne 22/42nds by the Company and 20/42nds by Koll. Each party shall promptly pay the other for its share of such expenditures incurred by the other party from time to time. 4. This Joint Use Agreement shall commence at the._ close of the escrow initiated pursuant to the Agreement For The - Purchase And Sale Of Real Property, entered into between the parties hereto, and shall continue for a period of fifteen (15) years. 5. Each party shall pay the real and personal property tares assessed against their'respective parking lots.. 6. . Neither party will assign or sublet their I nterest in or under this Agreement, or any part thereof,. without. Lite wriLLen-cansent of the other, which consent shall not be unreasonably withheld. 7. Koll and the Company shall obtain public liability insurance for the benefit of Koll and the Company jointly against liability for bodily injury and property damage in an amount not less than $250,OOO.in respect to injuries -tor or death of, any one person, and in art amount of not less than $500,000 in respect to injuries to, or death of, more than one person in any one occurrence, and in the amount of not less than $50,000 per occurrence in respect to.damage to property. Such limits may be - increased to any greater amounts as may be reasonably 'indicated. by circumstances from time to time existing." 8. Any party which uses a greater number of spaces in the parking lots that the party is entitled to use under the terms of Paragraph 1 hereof, shall be guilty of excessive use and the other party ("the non -offending party") 1 nav demand in writing that such excessive use be terminated immediately. Upon receipt of such demand, the party guilty of the excessive use ("the offending party") shall forthwith cease, or take such steps as are necessary to cause its Invitees to cease such use immediately. I£ such excessive use occurs again within a period of twenty (20) days after demand for the termination thereof has been made: (1) The nori-offending party may have the parking spaces marked as reserved for the respective parties as follows: 20/42nds of the spaces in each parking -lot for Koll and 22/42nds of the -spaces in each lot for the Company, the right to use the same may be exercised by institution and installation of the control mentioned in Paragraph 2 above; (2) Within thirty (30) days after the date of expiration of such twenty (20) day period,, the . non -offending party shall be "entitled to"give to the offending party written notice of ianceilati^via, of this Agreement as provided in Paragraph 17 hereof. Such cancellation shall be effective six (6) months after the notice is deemed to have been served. Failure to give such notice within such thirty (30) day period shall constitute a waiver of such right. Upon•such termination,. all rights. of each party in the property of the other shall cease. As a condition precedent to the termination of this Agreement pursuant to this subparagraph, Koll, whether or not he is the offending party, shall, if he has not already done so, construct a masonry type wall in lieu of the glass wall at the two story, high opening and as a part of the northwest' wall of the Company's two story building located", upon the Company's property. The -Company may waive the right to have the masonry wail so constructed. The circumstances surrounding the original - construction of the glass 1 11 IV." " wall in said opening or in place of such glass wall and construction of a masonry wall prior to the time of such notice pursuant to this sub- paragraph are more particularly.set forth in the Agreement for Purchase and Sale dated 1973, between Company and Koji and in particular 'Article 9.1.1 of such Agreementj,and, (3) The non -offending party shall also be entitled to pursue, alternatively or con- currently, any other remedy, at law 'or equity,' that it may have for such excessive use. 9. The Company and Koll,hereby agree and covenant. 'that they will not reduce the number of -parking spaces on their respective properties below the number presently existing without the prior written consent of the other, which consent shall not be unreasonably withheld; provided, however, that Company hereby consents that Koll may reduce the number.of parking spaces on Kol1's property from 20 to 17. If the number of parking spaces on either party's property is reduced the number of parking spaces -to which that party is entitled hereunder shall be reduced in the same proportion. 10. If the Company's property or Koll's property, or any portion thereof, is utilized for a restaurant, cocktail lounge or for any use with parking demands comparable to, or greater than, a restaurant or cocktail lounge then the party whose property is so utilized shall provide valet parking so that the vehicles of patrons of any such establishment will be parked in some parking area other than the lots on the Company's -or Koll's property. Valet parking will be required only in the.case of such use of Koll's property during the Company's regular business - hours. 11. The waiver by either party or any breach of any term, covenant, or condition herein contained shall not be I r •t , deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. In particular, the failure of'a ' party to object to such excessive use of the subject premises by the other party shall not be deemed a waiver of the non - objecting party's rights to its proportionate use of the premises provided herein. No actual use of the premises by the other party, regardless of the length of such actual use, shall, in any way, increase or diminish either party's rights and . obligations hereunder, nor in any way be deemed to entitle one party to the use of the premises in a greater proportion than provided hereunder, nor in any way be deemed to amount to an abandonment by, or ouster of, either•party's rights to use the premises in the proportions provided herein. 12. The Company hereby agrees to indemnify Koll and hold him harmless from all liability, loss, cost, attorneys' fees and actual costs of litigation and obligations on account of or arising out of any injury to any person or persons or, property of any kind whatsoever and to whomsoever belonging, upon or in any way connected with the premises, caused.by the conduct of the Company, its employees, permitees or invitees on the premises and not covered by the insurance referred to in Article 7 hereof. Roll hereby agrees to indemnify the Company and hold it harmless•from any and'all liability, loss, cost, attorneys': zees and actual costs of litigaiton and obligations on account of or arising out of any injury to any person or persons or property. of any kind whatsoever and to whomsoever belonging, upon, or in any way connected with the premises, caused by the conduct -of Roll, his employees, permitees or invitees on the premises and not covered by the insurance referred to in Article 7 hereof. Should any such claim or claims referred to in this Paragraph arise from the joint or concurrent negl'igent•acts or omissions of the parties or the parties' failure to comply with -6- •t I r safety rules, laws or ordinances of any governmental agency, or the negligence or wrongdoing of some third party for which neither of the parties is responsible, or'is so obscure that it cannot be legally ascertained by whose negligence or wrongdoing such loss, damage, or liability was caused, then in every such instance each party shall bear all loss and damage which shall have been. suffered in respect to its own property, and shall jointly share all liabilities which they share jointly incur for the said claims. Ho.7e,ver, should one party be held liable on any claim or claims arising under this Paragraph -because of its failure to discover and remedy a defect caused by the other party's negligent act or. omission, the party originally at fault in allowing the condition to occur shall indemnify and hold harmless the other party. 13. Koll and the Company covenant and agree that they will operate the parking lot located on the premises in such a manner as to conform to and comply with, each and all of the ordinances and regulations of the City of Newport Beach and the County of Orange an.3 �_.._ an, every -Pa nt thereof, and in accordance with all of the laws of the State of California and the United states that are now in force or which.may hereafter be enacted with reference to the use or contemplated use of the leased premises. Koll and the Company hereby covenant and. agree that they shall not commit, or 'suffer to be committed, any waste upon the premises, nor shall they permit any nuisance to occur thereon. 14. Failure of the.Company or Koll to observe the covenants contained herein shall constitute a default hereunder. The non -defaulting party may give the defaulting party notice. of said default and demand that said default be cured immediately. If the default is not cured within ten (10). days of the demand. - to cure, the non -defaulting party may, at its option, immediately terminate this Agreement and pursue such remedies or seek such, damage from the defaulting party as may be provided by lacy or equity. Failure of the -non -de -faulting party to seasonably object to a default shall not be deemed a waiver thereof and, . -7- shall not preclude objecting to such default at any time before it has been cured. Excessive use of the parking spaces shall not constitute a default within the meaning.of this Article 14. Such excessive use shall be governed by'Article 8 hereof. 15. Upon termination of this Agreement, for any reason, each party shall execute, acknowledge, and deliver to the other party all documents including a Quitclaim Deed requested by such other party necessary or convenient to provide such other party with title to his property free of the restrictions of this Agreement. 16. In the event -that either party hereto shall institute any legal action or proceeding against the other party. ,on account of the other's failure or refusal to perform or fulfill. any of the covenants or conditions of this Agreement.on his part to be performed or fulfilled, then'it is agreed that in any such action or proceeding the prevailing party shall be entitled to his reasonable costs therein and such further and additional sums as and for his attorneys' fees as the court•in such action• or proceeding may adjudge to be reasonable. 17. Any notice, request or demand required to be given hereunder shall be in writing and shall be served and given by registered or certified mail, return receipt requested, and shall be deemed to have been served and given 24 hours after the deposit thereof in the United States mail-, postage prepaid, addressed to the party to whom such notice of demand is to be given, as hereinafter provided,, and the issuance of the registry - of certification received therefore. Any notice, request or demand to -the Company shall be addressed to:. Mr. Harry H. Holthusen, President Imperial Savings &•Loan Association Executive Offices 2320 Fifth Avenue San Diego, California 92101 r_ .. Any notice, request or demand to Koll shall be addressed to: Mr. Donald M. Koll Either party may hereafter and from time to time designate by a notice in writing given in'accordance with this Paragraph a different address for mailing of notices, requests or demands. 18. Time is of the essence of this Agreement and the parties hereby agree to perform each and every condition and covenant to be performed by them in a prompt and timely manner. 19. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators and -successors. This Agreement is for the benefit of the Company's property and Koll.'s property;" Koll agrees for himself and his heirs, executors, administrators and successors that the covenants herein shall (1) run with -and bind 1,011's p;:Operty and (2) create a lien tnFreoa_ .-u uie i:.11C1r performance. The Company agrees for itself and its successors' that the covenants herein shall (1) run with and bind the Company's property and (2) create a lien thereon to secure their performance,. IN WITNESS WHEREOF, the parties hereto have caused - this Agreement to be executed.on the'date first above written. C014PANY : IMPERIAL SAVINGS & LOAN ASsOCIATIOIg By . ROLL: DONALD M. KOLL -9- f E:4FIBIT "A" DESCRIPTION OF PROPERTY I. The southeasterly 4.-0 feet of•Lot 15, all of Lot 14 and the northwesterly 30.75 feet of Lot 13 of Tract 1622, County of Orange, according to map recorded in Book 477 Page . 39 of Miscellaneous ;daps, Records of said •Jrange County. EXHIBIT "B" DESCRIPTION OF PROPERTY The northwesterly 20 feet of Lot 7,.all of Lots 8,,91 l0, 11,.12 and 13 except the northwesterly 3b.75 feet of Lot 13 of Tract 1622, County of Orange, as shown on the Map recorded in Book 47, Page.39 of Miscellaneous Maps, filed in the Office'of the Recorder of said County. e r r O i TO 449 c i (Corporation) TZ At I '• I STATE OF CALIFORNIA SS. ? COUNTY OF { i-On before me, the undersigned, a Notary Public in and for said State, personally appeared w known to me to be the; President, and i w known to me to be Secretary of the corporation that executed ilia within Instrument, I x known to me to be the peranus %ho executed the within aInstrument on behalf of the corporation therein named. and acknnt,ledged is, me that such corporation executed the within m instrument pursuant to its by-laws or a resolution of its board _ - I• of directors. WITNESS my hand and official seal.. i Signature .t I i+ Name (Typed or Printed) ' MIR arts roe nfkiat notarial uan TO 447 C (Individual) ' • mj STATE OF CALWORNIA COUNTY OF SS. Aj On before me, lltc undcnigned, a Notary Public in and for said IState, personally appeared w .known to me < lobe thepersbn _ whose name_ subscribed m to the within instrument and acknowledged that - executed Ilse same. _ -- - - WITNESS my band and official seal. v ISignature Name (Typed or Printed) +' MIR arts for oRMst notarial stag) M JOINT USE AGREEMENT This JOINT USE AGREEMENT ("Agreement"), made and effective this day of , 1973, by and between IMPERIAL SAVINGS AND LOAN ASSOCIATION, a corporation hereinafter referred to as "the Company", and DONALD M. KOLL, hereinafter referred to as "Koji". WITNESSETH: , WHEREAS, Koji is'the owner of Lots 26, 27, 28r 29 and 30 of Block 530 of Lancaster's addition to Newport Beach, as, described on Exhibit "D" attached hereto and by this reference made a part hereof, ("Koll's property"); and WHEREAS, the Company is the•owner of Lots-221 23r 24 and 25 of Block.530 of Lancaster's addition to Newport -Beach, County of Orange in accordance with the map recorded in Book 51 Paap 14 of Miscel.laneous•Maps.filed in the Office of the County. Recorder of such County; and WHEREAS, all of said property was .previously under . the ownership of the Company and improved with blacktop pavement' and a perimeter chain -link fence with control gate opening on Villa Way in order that the entire property may be used for. employee 'parking of the Company with 76 parking spaces being marked.• thereon; and WHEREAS, the parties desire to use their respective,' properties jointly, solely to meet the minimum parking requirements of the City of Newport Beach for the use of - the five -stony btilding owned by Kali and the two-story building owned by the Company subject to the terms and conditions ofthis Agreement.' NOW THEREFORE, IT IS AGREED:. 1. The Company and Koll hereby mutually lease and hire to and from each other; without payment or rent, the above -mentioned EXHIBIT- R v ' • parcels for parking for their respective el:iployees and tenants and for no other purpose, five -ninths of the 7G parking spaces to be available for the use of employees and tenants of Kell at all times and four -ninths of the 76 parking spaces to be available for the use of employees and tenants of the Company at all times. 2. The parties will jointly maintain the two parcels in -as good condition as they exist at the commencement of this Agreement; reasonable wear and tear, and damages by act of God, the elements, fire, storm, and like occurrences excepted, and to operate the premises so that the same shall be used in accordance with the purposes set forth above. The expense of maintaining and operating the premises to be borne five -ninths by Koll and four -ninths by the Company. Each party shall promptly pay the - other for its share of such expenditures incurred by the other party from time to time. 3. This Agreement shall commence at the close' of escrow and shall continue for so long as the ordinances of the City of Newport Beach, California, require -parking, incidental - to the use of the. �F��re -mac•+�,-.. .`.'Uc!-Ur T._l Y . y•, �. a..ai C: vria C.a N,3' 1.V11 or 1..A1C two-story structure owned by the Company, which is in excess' of that now provided on the respective ownerships upon which such structures are located, -but, in any event, for no longer than the life of the Agreement between said city and Newport Balboa Savings and Loan Association referred to hereinafter as Exhibit "C". Kell's five -story structure is located on the property described on Exhibit "A", attached hereto and by this reference made a part hereof, and at the commencement of this lease 20 spaces were provided thereon. The Company's two-story structure is located on the property described on Exhibit "B", attached hereof, and, as of the time of commencement of this lease, 22 parking spaces were provided thereon. 14. Each party shall pay the real and personal property taxes assessed against their respective parcels. --2- 5. Neither party will assign or sublet their interest under this Agreement or any part thereof without -the - consent of the other, which consent shall not be unreasonably withheld. 6. All uses of the premises leased hereunder by either party shall be such as will not interfere with the use or, operation of the facilities thereon by the other party. 7. Koll and the Company shall share expenses of public liabiiity insurance for the benefit of Koll and the Company jointly against liability for bodily injury and property damage in, an amount not less than $250,000 in respect to injuries to, or death of, any one person, and in an amount of not less than ,$500,000 in respect to injuries to, or death of, more than one person in any one occurrence, and in the'amount of not less. than $50,000 per occurrence in respect to damage to property. Such limits may be increased to greater amounts that may be reasonably indicated by circumstances from time to time existing. V • iY VAi �iilAlv el.. T11e WGlver by GL tll Gr party V1 any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the. same. or any other term, covenant or condition herein contained. in particular the parties agree that the Company shall be entitled to the use of four -ninths of the 76 parking spaces located on the subject premises for -the entire term of this Agreement. Koll shall be entitled to use five -ninths of the 76 parking spaces located on the subject premises for the entire term of this Agreement. Any use of the subject. premises by either party hereto, which exceeds the proportionate. use to which it is entitled hereunder, shall be.immediately terminated upon written demand from the other party hereto. The failure of either party to object to the excessive use of the subject premises by the other party•shall not be deemed a. waiver of the non -objecting party's rights' to its. proportional use of the premises provided herein. A failure to object to -3- c 1 the excessive use of the premises by the other party does not preclude the non -objecting party from later demanding the termination of such excessive use. No actual use of the premises by either . party, regardless of the length of time or such actual use shall, in anyway, increase or diminish'either party's rights and obligations hereunder, nor, in any way, be deemed to entitle.one party to the use of the premises in .a greater proportion than provided herein, nor, in any way be deemed to amount to an abandonment by, or ouster of, either party's right to use the premises in the proportions provided herein. 9. That certain agreement (111960 Agreement") between City of Newport Beach and Newport Balboa Savings and Loan Association ("the Association") executed January 15, 1960, and recorded in the Orange County Recorder's Office in Book. Page 22 of Official Records on r 196 , is attached hereto as Exhibit "C" and by this reference made a part hereof. Koll and the Company agree to be bound by all terms and " cord�t�cnc of tI �.6 LSMruC taGll LG A er,o m:- UY 11C A_ oo_a and its successors, to perform the.same jointly as successors- in-interest'to the Association, and further agree'that all provisions of the present Agreement shall be subject and subordinate to the terms and conditions of the 1960 Agreement. 10. The Company hereby agrees to indemnify Koll and hold him harmless from all liability, loss, cost, attorneys' fees and actual costs of litigation and obligations on account of or arising out of any -injury to any person or persons or property of any kind S•inatsoever and to whomsoever belonging, upon, or in' any way connected with the premises, caused by the conduct of the Company, its employees, permitees.or invitees on the premises not covered by the insurance referred to in Article 7._ hereof. . Koll hereby agrees to indemnify the Company and hold it harmless from -any and all liability, loss, cost, attorne_vsr fees and actual -costs of litigation and obligations on account C rJ • of or arising out of any injury to any person or persons or property of any kind whatsoever and to whomsoever. belonging, upon, or in any way connected with the premises, caused by.the conduct of Koll, his employees, permitees or invitees on the premises not covered by the -insurance referred to in Article 7 hereof. Should any such claim or claims referred.to in this Paragraph arise from the joint or concurrent negligent acts or omissions of the parties or the parties' failure to comply with . 0 safety rules, laws or ordinances of any g-overnmer_tal agency, or the negligence or wrongdoing of some third party for which neither of the parties is responsible, or is so obscure that •,it cannot be legally ascertained by whose negligence, or wrong- doing such loss, damage, or liability was caused, then in every such instance each party shall .bear all, loss* and damage and shall jointly share all liabilities which they shall jointly incur for the said claims. However, should one party be held liable on any claim or claims arising under this Paragraph because of ,f-s- failure to discover and remedy a defect caused by the other party's negligent act or omission, the party originally at fault in allowing the condition to occur shall indemnify and hold harmless the other party. 11. Y.oll and the Company covenant and agree 'that they will operate the parking lot located on the premises in such a manner as to conform to and comply with, each and all of the ordinances. and regulations of the City of Newport Beach and the County of Orange, and each and every department.thereof, and in accordance with all of. the laws of the State of California and the United States that are now in.force or which hereafter be enacted with reference to the use or contemplated use of the leased premises. Xoll and the Company hereby covenant and agree that they shall not commit, or suffer to be committed, any waste upon the premises, nor shall they permit any nuisance to occur thereon. -5- I -. 1 ' 12. Koll•and the Company covenant and agree that the refuse containers on Koll's property shall remain in their present location therein and that said refuse containers will . continue to be utilized for the convenience of the tenants of the Company's two-story building and Koll's five -story building. 13. Failure of the Company or Koll to observe the covenants contained herein shall constitute a default hereunder. The non -defaulting party may give the defaulting party notice of said default and demand that said default be cured immediately. If the default is'not cured within•ten (10) days of the demand to cure, the non -defaulting party may, at its option, immediately terminate this Agreement and pursue such remedies or seek such damages from the defaulting party as may be provided by law or equity. , If the non -defaulting party elects to terminate this Agreement, the defaulting party shall be liable, in addition to its liability for other damages caused by the u C1441 L, 1UI. aJ. ,1, eY.,•)e ljses incurred by the ,.an-�c� in. securing such substitute parking facilities of like 'size and convenience to meet the parking requirements of the City of Newport_ Beach. •The defaulting party shall be liable for any and all damages caused to the non -defaulting party by the unavailability of such.substitute parking, including any and all expenses incurred in seeking relief from.the parking requirements of the City of Newport Beach. Failure of the non -defaulting party to seasonably object to a default shall not be deemed a waiver thereof and shall not preclude objecting to such default at any time before it has been cured: 14. Either party may,.provided it is not in default under the terms hereof, at any time terminate this Agreement upon six (6) months written notice upon the following conditions: -6- I r l (a) That the consent of. the City of Newport Beach thereto be first obtained.if- the termination of this Agreement v,ould cause or result in a breach 'of or default in the 1960• Agreement; (b) The terminating party shall construct such improve- ments on the other party's property as will allow that property to be separately operated as a parking lot with controls and with comparable space for parking and circulation of traffic as was previously allocated to both parties under the operation of both ..properties as one parking.lot. Such improvements shall include, but not be limited to a six (6)-foot chain -link fence along the common boundaries between'the.property of the parties, an automatic entry gate blocking entrance*of cars except upon use of a card key or similar activator. (c) To the extent the other party's share of the seventy six (76) parking spaces is not reasonably available on its own property when used separately as a -parking lot in accordance with the standards set forth'in (b) above, the terminating. party shall make available to the'other party'a number of equally convenient parking spaces in the immediate vicinity. Such spaces shall be provided without cost to the non -terminating party. Upon both the occurrence of the aforesaid conditions and the expiration of the six (6) month period, this Agreement shall terminate and neither party shall (1)'•thereunder have any further'obligatibn thereunder and (2) thereafter have any right whatsoever in the property of the other. 15. Either Koll or the Company may construct any building or improvement on their respective ownerships, which is not prohibited by law or the Agreement attached hereto as Exhibit "C" and not inconsistent with the terms of this Agreement. In particular, that such improvements, -or the construction. thereof, shall not unreasonably interfere with the use Of.the parking.. facilities by the other party, and that -any such improvements. shall not reduce the number of parking spaces -to which the other party is.entitled under the terms hereof: -7- I r. 16. Any and all notice or demands to or from the. Company or Noll shall be in writing and shall. be served either personally or by registered mail. I£ served personally, service shall be conclusively deemed to be made at the time of service. If served by registered mail, service shall be conclusively deemed made forty-eight (48) hours after the deposit thereof in the United States mail, postage prepaid, addressed to the party to whom such notice or demand. is being given as hereinafter provided. Any notice or demand to the Company may, be given to it at: Imperial Savings & Loan Association Executive Offices 2320 Fifth Avenue San Diego, California 92101 or such other place or places as may hereinafter be designated by the Company, Any notice or damand to,Koll may be given at Donald M. Roll or at such other place or places as may hereinafter be designated by Roll, 17. Upon termination of this Agreement, for any reason, each party shall execute, acknowledge and deliver to the other party all documents, including a Quitclaim Deed, requested by such .other party, necessary or convenient to provide such other_ party with title to his property free of the restrictions of this Agreement. 18. In the event that either party hereto -shall institute any legal action or proceeding against the other party on account of 'the other's failure or refusal to perform or fulfill any of the covenants or conditions of this Agreement on his or its part to be performed or fulfilled, then it is agreed that in any such action or proceeding the prevailing party shall *be entitled to its reasonable costs therein and such further and .additional sum as and for his attorneys' fees as the court in such action or, proceeding may adjudge reasonable. ME • 19. The terms of this Agreement shall be binding upon the Company, Roll, and their successors. 20. Roll and the Company -hereby agree that timely and strict performance and hereby declared to be the essence of this Agreement and -of each and all of its covenants and conditions. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to•be executed on the date first above written. IMPERIAL SAVINGS & LOAN ASSOCIATION By — to —9— DONALD M . KOLL r FXI-!TBI1T "An DESCRIPTION O PROPERTY I_ The southeasterly 40 feet of, Lot 15, all of Lot 14 and the northwesterly 30.75 feet of Lot 13 of Tract 1622, County of Orange, according to map recorded in Book 47, Page: 39 of Miscellaneous Maps, Records of said Orange County. I r. A ` ,EXHIBIT "B" DESCRIPTION OF PROPERTY The northwesterly 20 feet of Lot 7, all of Lots 8, 91 10; 11,.12 and 13 except the north:•resterly 30.75 fees of Lot 13 of Trac.t.1622., County of Orange, as shown on the Map recorded in Book 47, Page 39 of 1.1iscellareous Mans, filed in the Office of the Recorder of said County. h �, � .. �., �. � ��. �2 N i o.n5!8L - f{ ... - I eu= I I'1.,� n�uAu -ncril LlUve¢4. { / �cnx;oa n�is+>~s Woo rouuxca f� f M6 '16 4171ti4 - 1 I t I to (r ti3 �� �I. 1• it 1 ik ' i; �' !{ Ij �i •I l a y :1� _ .�[t.ivi � lu ���� - C," - � 1 ,e„ � _• J `� ' Yf 1' ' 1 tl � 'N i t � I I if .� I t 1� �1 I(� � �.amam�r•.n+..r.-.-...�•..s�' .�11••yy .a� �}; rf� ! / t 11 II rl 1-1�.>'Ii. ? .f �_��-�, 1-� _ vow a .. �._�:; ,__ _•:•_ - - - �_ t•4c ` 1 -, �-i - - _ 1 "1':"�: � �;c'"��,---- r'=-. �, �I � i ��.s(c 7 C` =' --ter» �•-���..-r ^_ - "�_ -;�_ X.--:ma's i'. � - _ Pool martl. LalJve¢G:r du.4 sLOnR - . west le a v'a t o n 44 Q a�S�sl nv 1a - _ • _ - r :.i - ; - " "-�`•. ..4 •. -. E' 44NE0 (+c T'N>ti'� n CT.`_ �.• EYtVi �l02 VL114{'4Z • { � - � - - M' n-&xrs¢Ic2.p146162T-F � 'w .�� .e .:-.. �L, - -- - - -•�`- - - -` -- ��- ' - - -«� " • . • _ W\ - G� .. 'r • IN 1 - . %` -\ 4t t --tea o f � • ��„—:- � ,� - �, t It^ � __ .- `,�.. .� '�- .. "�• _cam.. T_ - l - - -------------��xr'caoa vuattZ--------- - '- - -" �--,. .. ._ .... , .... _ _ _ _ _ _ _ _ _ _1 .. i }� J.3- . �µ � , g c r', t ,, S ;_ �. • r - _.. -- , 14 _ `CI • , 0�11{G �f��I� 1 REMDDEL1ttG NOTES At�0 LEGEND 10 EXIT S1GP:S: Lighted exit signs with 51, "high letters f 6 -- -, - ENS101S in dirxensIOn's:are nominal. tM� i ` VENTILATION: A) toilet rooms ventilation to provide _. _. Al diea � _. .., , ,- 3 i3lirl All' t d. ' CEILINGS: A) Callings installed under original"; 5tmin. air change, B) i ml 1 ,other rooms ventfl�aXian t4 , 1 1 1 LAT �• . \ 2 C E I -�� r4l uild r provide 15 min. air "change.4J/33% refer\h�\ b pe _- -Ceilinggheightt= 8'6" unless noted air Intake� otherw's• C) 121, x 1211 Chicago metallic or similar; yJ Z fl l n "Tee" b -in ' — A on egacoustical panels. t 3 PART IT14tdS: A) New typical partition: ' .:: i/2" metal studs at 24" 0/C j 25 GA with 5/ 2- x � r .' •„r ,. �n type non Gypsum board each side fron floor to e ceiling unless noted.otherwise.W/ . F glass insulation, 6" above fiber gla Batt insula 'on. B) Low raIl wall: M Same as above 36" high. Shown thus — ,. Paint: Paint a i. -Its unless note n • � �•G•� � otherwise. 7oiletwroomsto"be painted' < washable, and'waterproof paint. e} W�}�_- JQ _ .aC,ir��{ � • �� FLOORS . .. Carpet. with ' r" f � 4 FL A) C ,- P,ir-quet at dance floor. ) yiny1' asbestos ti le at bars, toilets W, �" C. And storages. , '•, I G� D f dcarpet. � <. � - •. - - � B SE � '-To set rubber or tit"e, an Ec „on•1, .- I'I W M . .. •• -- � � - � � � — — — — — • — � O-1 fe X�i G I '��✓ .5i-�V'i�"�" "' -•'''d' _ - ".. �' A F 5 .l't11�?"SC°��•` 6 ELECTnICAC FIXTURES: All electrical fixtures -as per building t�ae4' r � _ . standard. 1 ' A doors as �( 3.._.,DOOR- it p.cr building standard. �\E��G���P• �i Z V O i ,( QQ 6.f/1 TW As i s andard. CA81NE ,ORK• per bui1d'ng t ��_ ..._•� FIxiI5HE5:. � �A) Wall and ceiling finishes not to exceed 4••+ ; 25 Pt.. f lame sprd' rating Occupancy - 2 ' 9 ' I . flcc n � '�. �� F-2 �. :.;�1•. 'I ' i. � � 2. Type �f eon�tru��ron z , i ��p 0,:..i" • B}" wesssthan 751P�F�S�.Rexit corridors' °' 3. n ". ,, .. .__ _�.- ,_ --_-__-__.'_-- -• -..- __..-._:_-_-.-.-_--..-__---.—..__ • -.._. , Curtains and decorations: NON COMBUSTIBLES ��Zoningo. •• C I fi�. -- darn crs at all,'air ducts [, eo ,,►y - - -._ ._.., -._ o id fire ., ,occupant "L`oad f$i { ii ��,,.�•»• P r __-_-.... .�_._. __. _ _ __ _ 1_`���.�-.___... ._G•�� _,��.-..__ __ _._ .- .:..... ..... ..-.;.),. •... _ "�ei1_ing..ar wall penetrat,ions.` ... _ Exits Required , 2 D) 6 r� . f ?JIG `��p 1'"r"" }�, It 7. Actual Exits