Loading...
HomeMy WebLinkAboutS29 - City Hall -Via Lido Plaza Lot Line AdjustmentCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No, S29 June 14, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, P.E. 949 - 644 -3311 sbadum@city.newport-beach.ca.us SUBJECT: CLARIFICATION - MOU WITH LIDO PARTNERS, INC. CITY HALL / VIA LIDO PLAZA LOT -LINE ADJUSTMENT RECOMMENDATION: Approve revisions to the Memorandum of Understanding with Lido Partners, Inc. for conditional approval of a lot -line adjustment which was previously approved by City Council on May 10, 2005. DISCUSSION: On May 10, 2005, City Council approved a Memorandum of Understanding with Lido Partners, Inc. for the conditional approval of a lot -line adjustment to accommodate the potential replacement of the existing City Hall and Fire Station and construction of a parking structure at the current location on 3300 Newport Boulevard. Due to some last minute changes, the revised version was not included within the Council packet. The revised version provides corrections and minor changes to improve the clarity of the document. In summary, the following corrections and changes have been made: • All references to an indemnification agreement have been deleted as this language was inadvertently carried over for a previous MOU document during word processing. • All references to the Fritz Duda Company have been deleted as the MOU is with Lido Partners. Fritz Duda will execute the document as the general partner of Lido Partners and not as the owner of the Fritz Duda Company. • Section 1 of the MOU has been revised to clarify that the Lot Line Adjustment represents a "one for one" exchange of land, .33 acres of City Hall property for .33 acres of Via Lido Plaza property. SUBJECT: Clarification — MOU with Lido Partners June 14, 2005 Page 2 • Section 5 of the MOU is revised to include the condition that the City would approve the modified Via Lido Plaza parking lot re- configuration along with the approval of the City Hall schematic Design and authorization to proceed with final design and construction of City Hall. This change is necessary to ensure that the Via Lido Plaza property remains in compliance with its current use permit and zoning restrictions by maintaining the required number of parking spaces. Submitted x(G. Badum Works Director MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND LIDO PARTNERS THIS MEMORANDUM OF UNDERSTANDING is made and entered into as of this day of 2005 by and between the CITY OF NEWPORT BEACH: a Municipal Corporation ( "City "), and the LIDO PARTNERS, a California Limited Partnership ( "Lido Partners "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statures of the State of California and the Charter of City. B. Lido Partners is a California limited partnership duly organized and validly existing under the laws of the State of California and is currently operating at 3425 Via Lido, Suite 250, Newport Beach, CA 92663 -3929, and said business is located within the City limits. C. City owns the property at 3300 Newport Boulevard ( "Lido Partners owns the property immediately adjacent to the City Hall campus on Via Lido which is identified as Resubdivision No. 516, parcel 1, as shown in PM 85, pages 1 and 2 and commonly known as City Hall Campus "). "Via Lido Plaza ". D. The City is currently pursuing a the potential replacement or remodeling of the existing City Hall at 3300 Newport Boulevard, the addition of a new parking structure, and the replacement of a fire station at 475 32nd Street, "City Project" ; and desires to build the most economic configuration to modernize the current City Hall Campus. E. Both the City Hall Campus and Via Lido Plaza properties are irregularly shaped which prevents efficient use by either the City or Lido Partners. F. City and Lido Partners desire to reach an agreement to reconfigure the City Hall Campus property and Via Lido Plaza property in a manner that will result in an equal exchange of property from both sites. The exchange can be accomplished by Lot Line Adjustment in accordance with the provision set forth in Chapter 19.76 of the City Municipal Code. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Lido Partners and City will conditionally execute a lot line adjustment which will exchange approximately .33 acres from the City Hall Campus property for approximately .33 acres of the Via Lido Plaza property as generally shown on the attached Exhibit A, which is made a part of this MOU by this reference. 2. City will prepare and process the lot line adjustment documents for Lido Partners' review and input. 3. The City shall allow the construction of a new driveway on Via Opporto to replace the existing delivery access through the current City Hall Campus. 4. The proposed lot line adjustment will be executed by both parties, and shall become effective upon the City Council's approval of the schematic design and authorization to proceed with final design and construction of the City Project and City's approval of the modified Via Lido Plaza parking lot re- configuration plan. At such time, the executed lot line adjustment documents shall be duly recorded with the County Recorder. 5. This Agreement shall be binding upon and insure to the benefit of the successor and assigns of City and Lido Partners. This Agreement constitutes the entire agreement between City and Lido Partners and supercedes all prior understandings and agreements with respect to the subjects hereof. This Agreement may only be modified in writing and signed by both parties hereto. IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding and Indemnification Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson, City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk for the City of Newport Beach CITY OF NEWPORT BEACH a Municipal Corporation IN Steven Bromberg, Mayor LIDO PARTNERS a California limited partnership Fritz Duda Company Its General Partner Fritz L. Duda. President EXHIBIT A s � z i ui I � . J( W _ ds C _ - J• '�1 a JI 1. {1 _ I . I F- w '