HomeMy WebLinkAbout09/09/1985 Item #D-6COUNCIL AGENDA N0.7) '16�
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
September 9, 1985 BY THE CITY COUNCIL
CITY OF NEWPORT BERCH
TO: MAYOR AND CITY COUNCIL SEP 91985
FROM: Marinapark Mobilehome Ad Hoc Committee , a
SUBJECT: MARINA MOBILEHOME PARK ALTERNATE USES �TT
INTRODUCTION:
On January 23, 1984, the Newport Beach City Council received a
request from the President of the Marinapark Homeowners Association
to create a City Council Ad Hoc Committee to study the future uses
at the Marina Mobilehome Park. If the future use is to include
a mobilehome park, the owners requested permission to negotiate
with the Committee the extension of the current leases. On Febru-
ary 28, 1984, the City Council adopted Resolution No. 84 -15 creat-
ing a Marinapark Mobilehome Ad Hoc Committee and charged this
Committee with the responsibility of meeting with the representa-
tives of the Marinapark Homeowners Association to review and make
recommendations back to the City Council on the future use of the
mobilehome park area. The Committee was to also interview representa-
tives of the Parks, Beaches and Recreation Commission and other groups
as necessary to complete the Committee's assignment. The Resolution
appointed the Manager's Office as staff to the Committee.
The Committee has met fourteen times since February, 1984 and has
received presentations by representatives of the Parks, Beaches
and Recreation Commission, by the Marinapark Mobile Home representa-
tives, and by other interested groups and individual residents.
On November 26, 1984, the Committee submitted a status report to
the City Council and reviewed all of the alternatives studied by
the Committee. The alternatives were 1) maintain the area substantial-
ly as currently developed with Marinapark rents being fixed by a
new and current appraisal; 2) Eliminate the Marinapark Mobile Homes
and replace with public picnic areas, viewing facilities, and public
parking facilities; and 3) redevelop the site with hotels, restaur-
ants and other improvements to return maximum revenue to the City.
The City .Council, on a 5 to 2 vote, authorized the Committee to
explore in greater detail the alternate that would maintain the use
of the Marinapark "with a view to using the bowling green area on
15th Street for a community center, and making the walkway between
the American Legion and the Marinapark wider. In addition, that
the Committee report back as to rent increases and that there be an
absolute maximum on the lease renewal of 15 years."
0 0
To: Mayor and City Council -2-
Following the Council action, the Committee concentrated on the
negotiations for the Marinapark area. The area encompassing the
former lawn bowling green, the former P, B & R Department facilities,
and the Girl Scout House requires additional study and review.
The balance of this report will pertain to the Marinapark lease
renewal only.
HISTORY:
The City acquired the nucleus of the Marinapark property between
15th and 18th Streets from the Pacific Electric Land Company on
July 7, 1919, for $1.00. The parcel was originally utilized as a
City- operated, short -term visit campground until 1944. On March 6,
1944, a one -year lease was granted o the South Coast Company for
the purpose of installing wharfs for boat berthing and repairing.
On December 26, 1945, the City Council approved a plan for the camp
ground to be converted and operated as a travel trailer park. On
May 9, 1955, the City Council adopted a revised plan providing for
a further redevelopment of the travel trailer park as a mobilehome
park and also a public beach between 16th and 19th Streets. From
1955 to the present, various improvements, such as public sidewalks
adjacent to the public beach area, tennis courts, tot lot, and
parking facilities have been provided. In 1972, a study was com-
pleted by the Parks, Beaches and Recreation Commission recommend-
ing that the parcel be converted to public usage and that the mobile -
home park be eliminated.
On June 25, 1973, the City Council, after considering the Commission's
report and other information, granted a lease extension to the
tenants of the mobilehome park to September 30, 1977. With this
lease extension, a greater public access was provided between the
Marina Mobilehome Park and the American Legion property and addition-
al tennis court facilities were provided between the mobilehome park
and Balboa Boulevard. On January 26, 1976, the Newport Beach City
Council granted an additional extension to the tenants of the park
until September 30, 1985. The terms of the agreement required a
minimum rental with said rent being adjusted annually based on the
Consumer Price Index (all items) for the Los Angeles /Long Beach,
California area. Currently the monthly rent is $412 for the spaces
adjacent to the beach, and $347 for the interior spaces. There are
25 spaces fronting on the beach and 33 interior spaces, for a total
of 58 mobilehome spaces. There are 26 full -time tenants and 32
"second- home" tenants. The park is producing gross revenues of
$288,400 ±, with expenditures running $57,000 annually, for a net
revenue to the City of $231,400. This revenue is used by the City's
General Fund and the Parks, Beaches and Recreation Fund.
The lease also provided that "Should the City Council find and
determine on or before the expiration of this lease the Newport
Marinapark is not required for any public trust purposes or other
public purpose, lessees shall have the option to extend this lease
for five years following the expiration of the term upon the same
conditions herein contained." Finally, the lease provided that the
To: Mayor and City Council -3-
City "may give 90 days written notice to vacate said premises to
all lessees of Marinapark. Said notice shall not be given by City
until City has allocated necessary funds, approved necessary plans,
and obtained all necessary governmental approvals, including en-
vironmental requirements, zoning requirements, and any other re-
quirements to achieve the conversion of the Marinapark into a
public recreation area."
LEGAL REQUIREMENTS IF CONVERSION OCCURS:
The Committee reviewed the legal requirements for land use con-
version, and determined that state statutes for conversion of
mobilehome parks exist in the Civil Code, primarily addressing
tenant /landlord relations, and in the Government Code, primarily
addressing the responsibilities of the governing body to ensure
that certain actions are taken. In this case, the City fulfills
both the role of landlord and that of the governing body. It
must, therefore, meet the responsibilities of both.
Under Section 798.56 of the Civil Code a mobilehome park owner
must provide homeowners in the park with a notice of change of
use as follows:
1. The management . gives the homeowners at least 15 days written
notice that the management will be appearing before a local
governmental board, commission or body to request permits
for a change of use of the mobilehome park.
2. After all required permits requesting a change of use have
been approved by the local governmental board, commission,
or body, the management shall give the homeowners six months
or more written notice of termination of tenancy.
If the change of use requires no local governmental permits,
then notice shall be given 12 months or more prior to the
management's determination that a change of use will occur.'
The management in the notice shall disclose and describe in
detail the nature of the change of use.
3. The management gives each proposed homeowner written notice
thereof prior to the inception of his tenancy that the
management is requesting a change of use before local govern-
mental bodies or that a change of use request has been granted.
Under Section 65863.7 of the Government Code, prior to converting
• mobilehome park to another use, the project proponent must file
• report describing the impact conversion will have on the residents
of the park. The report is to address the availability of adequate
replacement space in mobilehome parks. In addition, as stated in
the statute:
"The person proposing such change in use shall make a
copy of the report available to each resident of the mobile -
home park at least 15 days prior to the hearing on the
impact report by the advisory agency, or if there is no
advisory agency, by the legislative body.
To: Mayor and City Council -4-
The legislative body, or its delegated advisory agency,
shall review such report, prior to any change of use,
and may require, as a condition of such change, the person
or entity to take steps to mitigate any adverse impact
of the conversion on the ability of displaced mobilehome
park residents to find adequate space in a mobilehome park.
Thus, the City must prepare a "resident impact report ", circulate
the report to the park residents, and consider the report in
reaching its ultimate decision regarding conversion.
Additional requirements pertain if the conversion involves the
filing of a tentative or parcel map.
Section 65590 of the Government Code regulates the removal of
housing units in the Coastal Zone. The Marinapark is in the
Coastal Zone, but, because the P, B & R Commission's proposed use
is considered coastal dependent, portions of the Section regarding
replacement housing would not apply. The Mello Bill and Council
Policy B -1 generally require a property owner to provide replace-
ment housing for persons or families of low income displaced by
the conversion or demolition of existing dwelling units. Resi-
dential dwelling units are defined to include mobilehomes. The
City would be exempt from providing replacement housing if the con-
version or demolition of the park is for either a "coastal depend -,
ent" or "coastal related" use. The City would be required to give
the residents one year's notice of its intent to convert the park
at the expiration of the term of the master lease and make findings
prior to such notice that the Marinapark is required for a tide-
land trust or other public purpose. The City would be required to
prepare a report on the impact of the conversion on the displaced
residents and would be empowered to take steps appropriate to
mitigate the adverse impact of the conversion on the "displaced
persons." The City probably would not be required to make relocation
assistance payments to the tenants if the lease is not renewed.
CONCLUSIONS AND RECOMMENDATIONS:
In an effort to be of assistance to the City in determining a fair
rental value at the Marinapark, Richard A. Fuller, MAI, was com-
missioned to do an appraisal. On January 29, 1985, he submitted
two copies of the full appraisal. Attached, are copies of the im-
portant pages of the report. This appraisal was used extensively
by the Committee in deriving the recommendations and conclusions
made herein. The final recommendations concerning the Marinapark
only are as follows:
1. That a new lease be approved having a fifteen year term
to correspond with the current term of the adjacent
American Legion property.
! !
To: Mayor and City Council -5-
That the rents be adjusted as follows:
Mobile Home Space .Current Proposed
25 beach front $ 412.00 $ 132.00
22 interior 347.00 550.00
.11 rear 347.00 516.00
Rents are to increase on October 1st and are to be adjusted'
annually, based on the C.P.I. increases. The immediate
adjustment represents a 668 increase.
3. The new lease shall provide that within five years
of October 1, 1985, all Marinapark mobile home tenants
must be residents of the City of Newport Beach unless
an exception is granted by the City Council.
4. The agreement contains language giving the City the
right to convert Marinapark to another use upon expirat-
ion of the lease, without obligation to pay relocation
benefits or providing other forms of relocation assistance.
The lessee in the proposed lease waives, gives up the
right to receive, and releases the City from any obligat-
ion due to termination of the proposed lease.
5. Electricity is individually metered, but water and gas
are master metered. The lease provides for the tenants
to reimburse the City for the cost of water and gas
utilized at the Marinapark for all purposes.
6. The City shall provide maintenance for the common
areas and facilities.
Attached, members of the Council will find a copy of the proposed
lease document. The document can be explained in greater detail
during the Council meeting.
One item that received considerable attention of the Committee was
the possible widening of the public walkway between the Marinapark
and the American Legion. Currently, there is an 8' walkway. To
widen the walkway to 181, in the event that the walkway is to be
used in the future for hand - launching of boats, view corridor, etc.
would require the relocation of three mobile homes. If the walkway
is widened by 5' so that it would have a total width of 131, one
trailer would have to be relocated at least 51. To make this
option possible, Section 8.F was added to the lease. This section
reads - "Should lessee ... elect to sell ... City shall have the
right of first refusal to acquire ... interest This section
To: Mayor and City Council -6-
gives the City the right of
hold interest and widen the
this action. Additionally,
gives the City the right to
5' to the west at City expe
if the City Council decides
believes that the above two
do so.
first refusal to acquire the lease -
walkway if future planning requires
the City added Section 14.B1 which
relocate the most northeasterly coach
zse, not to exceed $10,000. Therefore,
to widen the walkway the Committee
sections gives the City the right to
If the City Council accepts the recommendations made herein,
future studies will be done on the adjoining property, i.e., lawn
bowling greeen, Parks, Beaches & Recreation former headquarters,
and Girl Scout House, and specific recommendations will be made
to the City Council on the future use of these parcels. The Home-
owners' Associations in West Newport, the Peninsula Point, and
the Central Balboa area, require additional time and information.
Additionally, the Girl Scouts, the Power Squadron, and possibly
the Newport Beach Nautical Museum representatives need additional
time for planning and research. For this reason, the Committee
proceeded with the lease arrangement on the Marinapark with the
understanding that the balance of the assignment would be submitted
to the City Council after needed dialogue with all interested
parties.
MARINAPARK MOBILEHOME AD HOC COMMITTEE
Mayor Philip Maurer
Council Member John C. Cox, Jr.
Council Member Donald A. Strauss
By: Robert L. Wynn, City Manager
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VALUATION
Method of Valuation:
Scope of Market Data Search:
A market data search was completed for waterfront and
non waterfront mobile home space rentals, situated
within ocean front and bay front mobile home parks,
located between San Diego and Malibu.
Market Data:
In all, twelve items of market data were discovered with
varying degrees of comparability to the subject property.
Your attention is invited to the Market Data Map on the
facing page, which sets out the location of each item of
market data, and to the Market Data section of..this report,
where a summary of each rental is set out.
Comparative Criteria:
In analyzing each item of market data, a comparison was
made between the rental property and the subject property.
Consideration was given to bay or ocean frontage, maximum
space size, park amenities, location, and utilities. After
adjustments for these and other factors, an indicated value
of•the subject rental was derived.
Comparison to the Subject Property:
Your attention is invited to the Rental Summary facing the
following page. This summary sets out the pertinent data con-
sidered in each rental comparable. Following is a brief desc-
ription of each item of market data considered in this analysis:
Rental 1:
This is the DeAnza Harbor Resort located in San Diego.
This mobile home park has bay frontage, and park
amenities which include a swimming pool and clubhouse.
The predominate maximum mobile home space accomodates
a double. Utilities provided by the landlord include
water and trash.
-13-
RICHARD A. FULLER. M. A. I.
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Waterfront space rentals vary from $576 /month to
$755 /month, with an average of $723 /month. Non
waterfront space rentals vary from $400 /month to
$610 /month, with an average of $500 /month.
In comparing this mobile home park to the subject
property, adjustments were made for park amenities,
location, and utilities furnished. Overall, this
mobile home park is considered similar to the subject
property.
Rental 2:
This is the Capistrano Shores.Mobile Home Park located
in San Clemente. This mobile home park has ocean
frontage and park amenities, which include a clubhouse.
The predominate mobile home space accomodates a double.
Utilities paid by the landlord include water and trash.
Waterfront space rentals vary from $1,050 /month to
$1,185 /month, with an average of $1,120 /month. There
are no non waterfront space rentals.
In comparing this mobile home park to the subject
property, adjustments were made for ocean frontage
and utilities. Overall, this mobile home park is
superior to the subject property.
Rental 3:
This is the Dana Strand Club located in Dana Point.
This mobile home park has ocean frontage, and park
amenities, which include a swimming pool, clubhouse,
and tennis courts. The predominate mobile home space
accomodates a double. Utilities paid by the landlord
include natural gas, electricity, water, trash, and
cable TV.
Waterfront space rentals are $1,115 /month. Non water-
front rentals vary from $1,041 /month to $1,073 /month,
with an average of $1,050 /month.
In comparing this mobile horse park to the
property, adjustments were made for ocean
park amenities, and utilities furnished.
this mobile home park is superior to the
property.
-14-
RICHARD A. FULLER. M. A. 1.
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Rental 4:
This is the Treasure Island Trailer Park located in
Laguna Beach. This mobile home park has ocean front-
age, and park amenities which include a swimming pool
and clubhouse. The predominate mobile home space
accomodates a double. Utilities paid by the landlord
include water and trash.
Waterfront space rentals vary from $900 /month to
$1,600 /month, with an average of $1,100 /month. Non
waterfront space rentals vary from $350 /month to
$600 /month, with an average of $550 /month.
In comparing his mobile home park to the subject
property, adjustments were made for ocean frontage,
park amenities, and utilities furnished. Overall,
this mobile home park is considered superior to the
-subject property..
Rental 5:
This is the E1 Morro Beach Mobile Home Park located in
Laguna Beach. This mobile home park has ocean front-
age, there are no tennis courts, swimming pools., or
clubhouse. The predominate mobile home space accomo-
dates a single. Utilities paid by the landlord include
water and trash.
Waterfront space rentals vary from $445 /month to $500/
month, with an average of $460 /month . Non waterfront
space rentals vary from $230 /month to $306 /month,with
an average of $285 /month.
In comparing this mobile home park to the subject
property, adjustments were made for ocean frontage,
maximum space size, and utilities furnished. Overall,
this mobile home park is considered similar to the
subject property.
Rental 6:
This is the Bayside Village Mobile Home Park located
in Newport Beach. This mobile home park has bay front -
age,and park amenities which include a swimming pool
and clubhouse. The predominate mobile home space
accomodates a double. Utilities provided by the land-
lord include water and trash.
-15-
RICHARD A. FULLER, M. A. I.
Waterfront space rentals are $771 /month. Non water-
front space rentals vary from $439 /month to $535 /month,
with an average of $454 /month.
In comparing this mobile home park to the subject
property, adjustments were made for park amenities,
location, and utilities furnished. Overall, this
mobile.home park is considered similar to the subject
property.
Rental 7:
This is the Cannery Village Mobile
in Newport Beach. This mobile hom,
frontage, and park amenities which
pool. The predominate mobile home
dates a single. Utilities paid by
trash.
Home Park located
B park has bay
include a swimming
park space accomo-
the landlord include
Waterfront space rentals are dependent upon the date
of lease inception,and vary from $650 /month to $700/
month, with an average of $675 /month. Non waterfront
space rentals vary with the date of lease inception,
and range from $650 /month to $760 /month, with an
average of $700 /month.
In comparing this mobile home park to the subject
property, adjustments were made for maximum space
size, park amenities, location, and utilities fur-
nished. Overall, this mobile home park is considered
inferior to the subject property.
Rental 8:
This is the Lido Mobile Home Park located in Newport
Beach. This mobile home park has bay frontage, and
park amenities which include a clubhouse. The pre-
dominate mobile home space accomodates a single.
Utilities provided by the landlord include water and
trash.
Waterfront space rentals vary from $550 /month to $785/
month, with an average of $670 /month. Non waterfront
space rentals are $440 /month.
-16-
RICHARD A. FULLER, M. A. I.
In comparing this mobile home park to the subject
property, adjustments were made for maximum space
size, park amenities, and utilities furnished. Over-
all, this mobile home park is considered slightly
inferior to the subject property.
Rental 9:
This is Marinapark, which is the subject property
located in Newport Beach. This mobile home park has
bay frontage and has no swimming pool, clubhouse, or
tennis courts within the park boundaries. The pre-
dominate mobile home space accomodates a double.
Utilities provided by the landlord include natural
gas, water, and trash.
Waterfront space rentals are $427 /month. lion water-
front space rentals are $362 /month..
This is the rental of the subject property.
Rental 10:
This is the Palos Verdes Shores Mobile Home Park
located in San Pedro. This mobile home park has
ocean frontage, and park amenities which include a
swimming pool, clubhouse, and tennis courts. The
predominate mobile home space accomodates a double.
Utilities provided by the landlord include water and
trash.
Waterfront space rentals vary from $595 /month to $763/
month, with an average of $595 /month. Pion waterfront
space rentals vary from $347 /month to $595 /month, with
an average of $525 /month.
In comparing this mobile home park.to the subject
property, adjustments were made for park amenities,
location, and utilities furnished.. Overall, this
mobile home park is considered inferior to the subject
property.
Rental ].1:
This is the Paradise
Malibu. This mobile
park amenities which
dominate mobile home
Utilities provided b
trash.
Cove Mobile Home Park located in
home park has ocean frontage, and
include a clubhouse. The pre -
space accomodates a double.
y the landlord include water and
-17-
RICHARo A. FULLER. M. A. I.
Waterfront space rentals vary from $450 /month to
$550 /month, with an average of $500 /month. Non
waterfront space rentals vary from $250 /month to
$325 /month, with an average of $300 /month.
In comparing this mobile home park to the subject
property, adjustments were made for park amenities,
location, and utilities furnished. Overall, this
mobile home park is considered inferior to the sub-
ject property.
Rental 12:
r This is the Point Dume Mobile Home Park located in
` Malibu. This mobile home park has ocean frontage,
and park amenities which include a swimming pool and
clubhouse. The predominate.mobile home space accomo-
dates a double. Utilities provided by the landlord
include water and trash..
Waterfront space rentals vary from $410 /month to $689/
�- month, with an.average of $550 /month. Non waterfront
space rentals vary from $325 /month to $450 /month., with
L an average of $400 /month.
In comparing this mobile home park to the subject
property, adjustments were made for park amenities,
location, and utilities furnished. Overall, this
mobile home park is considered inferior to the sub-
ject property.
LCorrelation:
In the valuation of the subject property, Rental 1 with frontage
L on San Diego Bay was considered very comparable. Rental 2 is
located in San Clemente and has frontage directly on the Pacific
Ocean, and was considered an upper limit of value indicator.
Rental 3 is located in Dana Point with the predominate number of
mobile home spaces having either frontage on the Pacific Ocean
or views of the Pacific Ocean. This mobile home park has superior
L park amenities and is considered an upper limit of value indicator
Rental 4 is located in Laguna Beach, on the bluffs above the
Pacific Ocean. This park is considered an upper limit of value
indicator. Rental 5 is located on the beach adjacent to the
Pacific Ocean and on the inland side of Coast Highway in Laguna
L Beach. The rentals within this park were negotiated in the
f resolution of a lawsuit. Rentals were not considered indicative
L
iI
L
-lo-
LRIc F4ARo A. FULLER. M. A. I.
RELATIONSHIP
NON WATERFRONT SPACE RENTAL
TO WATERFRONT SPACE RENTAL
SM14ARY
Average
Average
% Average
Non Waterfront
Waterfront Non Waterfront Space Rental
Rental
Space Rental
Space Rental &
Waterfront Space Rental
1
500
723
69%
4
550 -
1100
50%
5
285
460
62
6
454
771
59%
8
440
670
66%
9
__362
427
85%
10
525
595
88%
11
300
500
60;0
12
400
550
73%
Average
68 "r'a
( of fair market rental value as they represented the forfeiture
! of relocation expenses which would have been received by the
tenants. These rentals were not considered in this analysis.
Rental 6 has bay frontage in Newport Beach and is considered
very comparable to the subject property. Rental 7 has bay
frontage in Newport Beach, however, the rentals represent older
rates and are not representative of fair market value. This
rental comparable was not utilized in this analysis. Rental 8
has bay frontage in Newport Beach and is considered very com-
parable. Rental 9 is the rental of the subject property and
as they are not the result of fair market negotiations, they
were not considered pertinent in this analysis.
Rental 10, Rental 11, and Rental 12 are located in Los Angeles
County. These rental comparables are situated on bluffs over-
looking the ocean and are all subject to rent control. These
mobile home parks are considered inferior in location and lower
limit of value indicators only.
Your attention is invited to the Relationship Non Waterfront
Space Rental to Waterfront Space Rental Summary set out on the
facing page. This analysis was completed to establish a rela-
tionship between the rentals of non waterfront spaces to the
L rentals of waterfront spaces. Selected items of market data
were utilized wherein the average non waterfront space rental
was compared to the average waterfront space rental and a
percentage was derived. It is concluded from this study that
non waterfront space rentals vary from 50% to 88% of the water-
front space rentals, with an average of 67 %. With greatest
emphasis on Rental 1, Rental 4, Rental 6, and Rental 8, it was
concluded that non waterfront space rentals would be equivalent
to 67% of waterfront space rentals.
Conclusion:
After careful consideration of the foregoing data, and other
factors, it is my opinion that the fair market rental value of
the Marinapark Mobile Home Park, subject to the limiting con-
ditions set out elsewhere in this report, as of January 15, 1985
was as follows:
Waterfront Spaces........ ....7 ..............$750 /month (1001.)
Non Waterfront Spaces ..... ..............:......$500 /month (67 %)
L
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LRICHARD A. FULLER. M. A. I.
0
FAIR MARKET REb1TAL VALUE:
Waterfront Spaces ... .....................$750 /month
Non Waterfront Spaces ................. ..$500 /month
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RICHARD A. FULLER, M. A, I.
LEASE
This Lease, entered into this day of ,
1985 by and between the CITY OF NEWPORT BEACH, a municipal corpo-
ration and charter city (hereinafter "City ")
and (hereinafter
"Lessee "),, is made with reference to the following facts, the
materiality and existence of which is stipulated and agreed by
the parties:
A. City is the owner, and is in possession and control,
of a parcel of real property, consisting of tidelands and
uplands, located northerly of Balboa Boulevard and between
Fifteenth Street and Nineteenth Street in Newport Beach, commonly
khown as Marinapark and generally described on the plot plan
attached as Exhibit "A" (hereinafter "plot plan ");
B. The property within Marinapark was under lease prior
to the effective date of the Charter of the City of Newport Beach
and, pursuant to the provisions of Section 1402 of the City
Charter, the City Council is empowered to authorize execution of
this Agreement by the Mayor ;.
C. Prior to the effective date of this lease, and pursu-
ant to a lease dated March 24, 1976, (hereinafter "1976 Lease "),
the City leased 58 trailer park spaces in Marinapark as shown on
the plot plan, under a standard lease which would have expired on
the 30th day of September, 1985, subject to the right of the
Lessee to extend the term of the lease for a five (5) year period
should the City Council determine, prior to that date, Marinapark
was not required for any trust, or any public, purpose;
D. The City Council presently intends to convert Marina-
park to a public recreation area upon expiration of this lease;
E. The City Council finds that it is in the best
interests of the City of Newport Beach to enter into this Lease
because Lessees have agreed that City has the right to convert
Marinapark into a public recreation area upon the expiration of
this Lease, or shortly thereafter, without payment of relocation
benefits or other forms of assistance to persons displaced due to
the conversion;
-1-
1
F. The City Council finds and declares that this Lease
operates to preserve an important and unique housing resource to
be occupied by permanent residents and affordable to persons of
low and moderate income. As such, the lease of space within
Marinapark confers a substantial benefit upon the citizens of
Newport Beach and is consistent with, and furthers the objectives
of, the 1984 Housing Element of the General Plan of the City of
Newport Beach;
G. The City Council finds and declares that the terms
and conditions of this Lease are not inconsistent with the provi-
sions of the public trust imposed upon those portions of Marina -
park which constitute tidelands in that: (1) the preservation of
a significant amount of rental housing affordable to persons of
low and moderate income is a matter of general state -wide
interest; (2) the revenue generated by that portion of Marinapark
consisting of tidelands is utilized by the City to enhance public
use of tidelands in the immediate vicinity of Marinapark; and (3)
the City has, through this lease, established its right to
convert- the property to public recreational use upon expiration
of this Lease without obligation to pay relocation benefits, or
provide other forms of assistance, to displaced tenants;
H. The City Council finds and declares that the terms
and conditions of this .Lease, as they relate to tidelands and
uplands, do not constitute a violation of -the gift ;clause of the
Constitution of the State of California, in that the preservation
of affordable housing stock is of significant public benefit and
the revenues generated by the terms of this Lease are effectively
and efficiently used to enhance the public recreational use of
nearby tidelands;
I. The City Council finds and declares that the terms
and conditions of this Lease comply, and are consistent, with the
Charter of the City of Newport Beach including, without
limitation, the provisions of Section 200 and 1402 of the
Charter;
J. The City Council also finds and declares that the
provisions of this Lease are consistent with the plans, policies,
rules and ordinances of the City of Newport Beach and, more
specifically, are consistent with the General Plan, which
provides that.the mobilehome park may be continued until phased
out, and the Land Use Plan of the Local Coastal Program which
specifies that it is the intent of the City to preserve the
mobilehome park as a means of providing a variety of housing
opportunities within the City; and
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K. The terms and conditions of this Lease are in compli-
ance, and consistent, with the provisions of the Mobilehome
Residency Law (Section 798, et seq. of the Civil Code) and the
State Zoning and Planning Act (Sections 65863.7 and 65863.8 of
the Government Code).
NOW, THEREFORE, the undersigned parties do hereby mutually
agree as follows: ..
1. DESCRIPTION OF PREMISES.
The City leases, and Lessee accepts the lease of, the
property described as space as shown on the plot plan,
attached as Exhibit "A ", .(hereinafter "Premises ").
2. . TERM.
t, The tenancy created by this Lease shall conmence as
of the date on which the Lease is signed by Lessee and shall
expire on March 15, 2000, unless earlier terminated in accordance
with the terms of this Lease.
3. USE OF PREMISES.
A. The Premises shall be used only for residential
purposes, and no business or cormnercial.activity shall be conduc-
ted on the Premises. No persons other than Lessee, a person in
addition. to Lessee if Lessee is living alone, and the short term
guests (a guest who does not stay with Lessee for more than a
total of 20 consecutive days or a total of 30 days in any calen-
dar year) of Lessee, may reside or occupy the Premises without
the prior written consent of the City.
B. The City has found and determined this Lease is
consistent with the provisions of the 1984 Housing Element and
other relevant state and local laws, policies and plans primarily
because it preserves a significant amount of housing affordable
to persons of low and moderate income. The finding is based on
the assumption that the premises shall serve as the primary resi-
dence of Lessee, not as a second, or vacation, home. Lessee
agrees that the primary residence requirement is fundamental to
this lease, stipulates that the residency requirement will not
constitute an undue burden or hardship on Lessee in light of the
time allowed for compliance, and Lessee agrees thatp . on or before
October 1, 1990, the Premises shall be Lessee's primary residence
l unless this requirement is waived by the City Council due to
v hardship. Lessee shall provide satisfactory proof of residence
to the City.
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C. Lessee agrees to comply with the rules and
regulations of Marinapark (Exhibit "B ") and further agrees these
rules and regulations may be amended as provided in the
Mobilehome Residency Law or other relevant statute.
4. FUNDAMENTAL CONSIDERATION AND.ESSENTIAL TERMS:
A. Introduction.
The City and Lessee agree that the terms and
conditions of this Lease grant, to both parties, substantial and
important rights and advantages, economic and personal, that each
would not otherwise be entitled to receive. These economic and
personal rights and benefits are the essence of, and constitute
the fundamental consideration for, this Lease. The more impor-
tant rights and benefits gained and given. up by each party are
specified in this paragraph and the parties agree that this Lease
should be interpreted such that each party receives the benefits
and advantages identified in this paragraph.
B. Fundamental Interests of Lessee - Rights and
Benefits Given Up by City.
The overriding motivation for Lessee's approval
of this Lease is the commitment by.City to maintain the property
as, a mobilehome park until March 15, 2000, and the long -term
nature of the tenancy created by this lease.' These commitments
of City operate to insure long -term occupancy, protect the finan-
cial interest and investment of Lessee in the Premises, and
significantly increase the value, and transferability, of that
interest or investment. The most significant rights obtained by
�. Lessee, and given up by City, are as follows:
(1) Lessee obtains the long -term right to occupy
the Premises while City commits to preserve the mobilehome park
use until March 15, 2000 and approves a long -term tenancy instead
of invoking its right to grant no more than a one year tenancy as
provided by the Mobilehome Residency Law;
(2) Lessee's right to occupy the Premises is
subject to the payment of the moderate rent specified in this
Lease and Lessee also obtains the advantage of limited rental
Increases in the future, while City gives up the right to charge
higher rents initially and the right to impose future rental
increases in excess of the cost -of- living index; and
(8) The value and transferability of Lessee's
interest is preserved by the long term nature of the tenancy
-4-
created by this lease and limitations on the amount of rent a
buyer or transferee of Lessee's interest could be charged, while
City gives up the right to substantially increase rent for the
Premises in the event of a transfer.
C. Fundamental Interest of City - Rights and
Benefits Given Up by Lessee.
The fundamental reason for City to enter into
this Lease is the right to convert Marinapark to a public recrea-
tional use upon expiration of this Lease, or shortly thereafter,
without obligation to pay relocation benefits, or provide other
forms of relocation assistance. In consideration of the rights
and benefits given up by City, and in addition to the obligation
to pay rent and comply with the other terms and conditions of
this Lease, Lessee stipulates and agrees as follows:
(1) The terms and conditions of this Lease,
specifically the commitment of City to grant long -term tenancy
rights and to preserve the current use of the Premises until
March 15, 2000, constitute full and adequate mitigation of any
adverse impact of the proposed conversion on Lessee and the
extended term of the Lease gives Lessee sufficient time to secure
adequate replacement space in another mobilehome park or other
alternative housing;
(2) The terms and conditions of the Lease,
specifically the extended term of the Lease, is of far greater
value to Lessee than any relocation benefits or other form of
assistance could be granted to Lessee by City at or near the
expiration., of the Lease and the conversion of the Premises to
public recreational use. The extended term of the Lease signifi-
cantly increases the market value of Lessee's interest in the
Premises and substantially improves the ability of Lessee to
locate potential purchasers or transferees of Lessee's interest;
(3) LESSEE HEREBY WAIVES, GIVES UP THE RIGHT TO
RECEIVE, AND RELEASES CITY FROM ANY OBLIGATION TO PAY, RELOCATION
BENEFITS, OR ANY OTHER FORM OF RELOCATION ASSISTANCE OR OTHER
PAYMENT OR CONSIDERATION THAT ARISE OUT OF, OR ARE IN ANY WAY
RELATED TO: (A) THIS LEASE OR ANY FUTURE TENANCY; (B) THE
ULTIMATE TERMINATION OF LESSEE'S TENANCY PURSUANT TO THIS LEASE
OR THE TERMINATION OF EXPIRATION OF ANY SUBSEQUENT TENANCY
HOWEVER CREATED; (C) THE CONVERSION OF THE PREMISES TO A PUBLIC
RECREATION USE, (D) THE DISPLACEMENT OF LESSEE FROM HIS AND /OR
HER PRIMARY RESIDENCE; (E) ANY FEDERAL, STATE OR LOCAL LAW, PLAN,
POLICY OR RULE WHICH RELATES TO SUCH DISPLACEMENT, OR REQUIRES
-5-
0
THE MITIGATION OF THE IMPACTS CAUSED BY DISPLACEMENT. THIS
RELEASE BY LESSEE, NOTWITHSTANDING SECTION 1542 OF THE CALIFORNIA
CIVIL CODE, WHICH PROVIDES THAT:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERI-
ALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR,"
RELEASES ALL CLAIMS OR LOSSES, WHETHER KNOWN, UNKNOWN, FORESEEN
OR UNFORESEN, WHICH LESSEE MAY HAVE AGAINST CITY. LESSEE UNDER-
STANDS AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF THIS
RELEASE AND OF THIS SPECIFIC WAIVER OF SECTION 1542 AND ASSUMES
FULL RESPONSIBILIITY FOR ANY DAMAGES, LOSS OR CLAIM THAT LESSEE
MAY INCUR AS A RESULT OF THE CONVERSION, TERMINATION, AND /OR
DISPLACEMENT REFERRED TO ABOVE. LESSEE IS FREELY AND VOLUNTARILY
EXECUTING THIS LEASE AND LESSEE, AND IN EXECUTING THIS RELEASE,
HAS NOT RELIED UPON ANY INDUCEMENTS, PROMISES OR REPRESENTATIONS
MADE BY CITY OR ITS OFFICERS OR EMPLOYEES, OTHER THAN THE COMMIT-
MENTS AND COVENANTS CONTAINED WITHIN THIS LEASE.
(4) Lessee agrees that City's right to convert
the premises to a public recreation area upon expiration of this
lease, is now believed to be in the best interests of the
citizens of, and visitors to, the City of Newport Beach.
(5) This Lease constitutes notice that City
reserves ;the right to convert the Premises to public recreational
use on or about March 16, 2000.
(6) Upon expiration of the term of this Lease,
Lessee shall, within sixty (60) days, remove any mobilehome or
recreational: vehicle, structure, improvement, personal property
or equipment located upon the Premises. Upon the expiration of
this sixty (60) day period, the City shall have the right to
remove and dispose of any and all property improvement structures
or equipment which remain on the Premises without prior notice or
judicial action.
(7) If, subsequent to the expiration of this
Lease, Marinapark is still to be operated as a mobilehome park,
the City shall be under no obligation to offer written rental
agreements or leases other than as may then be required by the
Mobilehome Residency Law, specifically the provisions of Section
798.18 of the Civil Code or such laws as may- be enacted
subsequent to the effective date of this Lease. The Mobilehome
-6-
Residency Law currently obligates the City to offer a twelve (12)
month lease or a lesser term If requested by Lessee.
5. RENT.
Lessee shall pay as rent, without deduction or
offset, on the lot day of October,'1985, and on the first day of
each month thereafter during the term of this lease, the sum of
:732.00, provided, however, in the event this lease is signed
after the 1st day of November, 1985, and prior to December 1,
1985, rent shall be $769.00, and provided further, that in the
event this lease is signed after December 1, 1985, and prior to
January 1, 1986, the rent shall be $807.00 and in each case rent
shall be subject to increase as specified in this paragraph.
The monthly rental shall be subject. to adjustment as of
October 1, 1986 and as of October 1st of each year thereafter
during the term of this Lease. In no case shall the adjusted
rent be less than the current rent. The adjustment shall be
equal to the increase in the Consumer Price Index for the twelve
month period (commencing May 1 and ending April 30, hereinafter
the "adjustment period ") prior to the date of adjustment. The
rental adjustment shall be calculated by adding each monthly
percentage increase during the adjustment period, subtracting any
decreases and multiplying the total by the monthly rent in effect
prior to the adjustment. The Consumer Price Index (All Urban
Consumers -All Items) for the Los' Angeles -Long Beach- Anaheim,
California area as published and released by the Bureau of
Statistics for the United States Department of Labor shall be the
index utilized for calculating rental adjustments.
If the Consumer Price Index, as now compiled and
published, is superseded by another index, then the new index
shall be used to calculate the increase in rent provided that an
appropriate conversion from the old Index to the new can feasibly
be made. If such conversion cannot be made, or if no such index
is published, then another index generally recognized as authori-
tative shall be substituted by agreement.
Rent for any fractional part of any month between the
commencement date and the first date of the first full calendar
month within the Term shall be prorated, and paid by Lessees. to
City along with the first full month of rent due hereunder.
Lessee stipulates and agrees that this lease constitutes
�,• the sixty (60) days, written notice of rental increases required
by the Mobilehome Residency Law and Lessee acknowledges that no
additional written notice need be given by City; provided,
-7-
however, City may provide Lessee with sixty (60) days' written
notice of the precise amount of any rental increase authorized by
this paragraph and City and Lessee agree that such notice shall
not constitute a waiver of City's right to rely upon the adequacy
of the notice provisions in this paragraph.
6. RELEVANT STATUTES AND RULES.
The Mobilehome Residency Law requires this Lease to
contain, among other things, the rules and regulations of Marina-
park and the language of the Mobilehome Residency Law. The rules
and regulations of Marinapark are attached as Exhibit "B," the
provisions of, the Mobilehome Residency Law are attached as
Exhibit "C," and both documents are incorporated into this Lease
by reference.: The Marinapark rules and regulations and the
Mobilehome Residency Law may be amended or modified from time to
time, and these amendments and modifications shall be deemed to
be incorporated into the documents attached as Exhibits "B" and
"C" when effective.
7. LATE CHARGE.
If the entire rent owed by Lessee is not received by
City by the 10th day following its due date, then, without any
requirement for notice to Lessee, Lessee shall pay to City a late
charge of $35.00. The parties agree that such a late charge
represents a fair and reasonable estimate of the costs City will
incur by reason of any late payment of rent. An acceptance of a
late charge by City shall not constitute a waiver of Lessee's
default with respect to rent, nor prevent City from exercising
any of the -rights or remedies granted by this Lease.
8. SALE OR ASSIGNMENT.
Lessee may sell the mobilehome located on the
premises pursuant to the rights, and subject to the obligations,
of Lessee under the Mobilehome Residency Law and any other appli-
cable statutes. If the mobilehome that is the subject of the
sale or transfer, is to remain in the park, or if Lessee proposes
to assign Lessee's interest in this Lease to any person or
persons who is (are) to reside on the premises, Lessee and /or the
proposed transferee must do the followings
A. Lessee must give notice of the sale or assignment
to City prior to close of escrow;
-8-
z
V
S. The sale or assignment shall not be effective
unless the City has given prior written approval, the transferee
has executed the assignment of lease form provided by City, and
the transferee has expressly agreed to be bound by the waivers
and releases provided in the Lease.
C. Lessee, In view of the requirement that the
Premises shall constitute Lessee's primary residence, agrees..not
to sublease or otherwise transfer any partial interest in this
Lease, except to the extent that the right to sublet or transfer
Is specifically provided by law and, in no event to a person or
persons not using the premises as a primary residence.
D. City shall approve any such transfer, if the
transferee has the financial ability to pay the rent and charges
and otherwise comply with the terms and conditions of this Lease,
provided, however, City may withhold approval if it determines
that, based upon the transferee's prior tennneies, the transferee
will not comply with the rules or regulations of Marinapark
(Exhibit "B ").
S. The City, in the event of a sale of a mobilehome
to a third party, and in order to upgrade the quality of the
park, may requir.e that a mobilshome be removed from the park,
when (1) it Is loins than ten feet wide! (2) it is more than
twenty (20) years old, or more than twenty -five (25) years old If
manufactured after September 15, 1971, and is twenty (20) feet
wide or more, and the mobilehome does not comply with the health
and safety standards provided in Section 185509 18552 and 18605
of the Health do Safety Code-and the regulations established
thereunder= (3) the mobilehome Is more than seventeen (17) years
old, or more than twenty - ,five. (25) years old if manufactured
after September 15, 1871, and is less than twenty (20) feet wide
and the mobilehome does not comply with the construction safety
standards under Sections 18850, 18852 and 18605 of the Health do
.Safety Code and the regulations established thereunder! or (4) it
Is in a significantly run down condition or in disrepair, as
determined by the general condition of the mobilehome and its
acceptability of the health and safety of the occupants and the
public exclusive of Its age.
P, Should Lessaei. dnring '.the -.term of 'this Lease,
elect - to`sell" or' assign -its .interest in this Lease, City shall
have the - right'91 first'refusal -to acquire the Interest on such
1 terms and conditions as !msy be acceptable to Lessee, and on
failure of the-parties to agree -on terms within ten (10) days
after written notice thereof from Lessee, Lessee shall be free to
sell or assign Lessee's interest
terms and conditions of this Lease.
W, I
In this Lease, subject to the
G. Notwithstanding any other provision in this
Lease, Lessee shall have the right to assign it.s interest in this
Lease to a spouse, son and /or daughter without any requirement
that City be given the right of first refusal to acquire the
Interest and without payment of the transfer fee specified in
paragraph 10, provided, however, the premises shall be used as
the primary residence of the assignee and the assignee shall be
bound by all provisions of this Lease, including, without
limitation, the waiver of relocation assistance.
9. LTPILITiES.
A. The City shall not provide electricity or tele-
phone service. Lessee shall make arrangements directly with the
utilities furnishing the services and promptly pay all charges;
B. The City shall provide Lessee with water and gas
service. The initial charge to Lessee for such service shall be
based upon the expenses incurred by City for gas and water utili-
zed within Marinapark, for all purposes, ( "total cost ") for the
period commencing August 1, 1984 and ending July 31, 1985 (rating
period). The initial monthly charge to Lessee shall be calcula-
ted by dividing the "total cost" by twelve (monthly cost) and
then dividing the monthly cost by the number of tenancies with
Marinapark (total tenancies). Charges for gas and water service
shall be increased or decreased on the first day of October,
198.6, and on the first day of October during each subsequent year
of this Lease in accordance with increases or decreases in "total
cost" or "total tenancies" during the preceding rating period
(August lst through July 31st).
C. The charges for gas and water service shall be
paid when rent is due, and Is in addition to the obligation to
pay rent. In the event Lessee fails to pay charges for water or
gas service within ten days after the amount is due, Lessee shall
pay to City a late charge of $35.00;
D. In the event City provides both master meter and
submeter service of utilities to Lessee, the cost of the charges
for each billing period shall be separately stated and shall
contain opening and closing readings of the meter. In such
l event, City shall post rates charged by the appropriate utility
In a conspicuous,plaee;
-10-
0) W
E. City shall not be liable for any loss, damage or
injury and Lessee shall not be entitled to any abatement or
reduction of rent, by reason of City's failure to furnish any
utility or service if the failure is caused by accident, break-
age, repairs, maintenance, or any other cause beyond the reason-
able control of City.
10. TRANSFER FEE.
Lessee requests that City perform certain services in
connection with the sale of any mobilehome to remain within the
Park, and /or the sale or assignment of Lessee's interest in this
Lease. The services to be performed by City, at Lessee's
request, include, but are not necessarily limited to, the prepar-
ation of the documents by which the leasehold interest is
assigned and the inspection of the property to be transferred.
1 The City and Lessee agree that a reasonable fee for the perfor-
mance of these services is the sum of $2,500.00.
11. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS.
City agrees to maintain, in good working order and
conditions, the grounds, common areas, common facilities,
streets, City -owned buildings, and any other publicly -owned
improvements on the Marinapark property. Lessee shall, at their
cost and expense, maintain, in good order and condition, any
mobilehome, cabana, or other improvement located on the
premises. Lessees also agree that all landscaping on the
premises shall be limited to three (3) feet in height to preserve
views and open space. The City may charge a reasonable fee for
(\ services relating to the maintenance of the premises upon which
the mobilehome 3s located in the event Lessee fails to maintain
the property in accordance with the provisions of this Lease and
the rules and regulations of Marinapark (Exhibit "B ") after
giving written notification to Lessee and Lessee's failure to
comply within fourteen (14) days from the date of notice. The
notice shall contain all Information required by the Mobilehome
Residency Law.
12. PHYSICAL IMPROVEMENTS AND SERVICES.
The physical improvements to be provided Lessee
during the term of this Lease include the nonexclusive right to
use all of the common areas and common facilities located within
Marinapark, such as streets, nonrestricted parking areas, recrea-
tional facilities and equipment, laundry facilities and other
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0 #
facilities, equipment and conveniences located in the common
areas and common facilities and designated for use by residents.
The services to be provided by City during the term
of this Agreement include the services to be provided by the
Marinapark manager and other employees and officers of City, the
utilities to be provided by City specified in Paragraph 9, and
the maintenance of all common areas and common facilities in good
working order and condition.
13. CHANGES IN MARINAPARK RULES AND REGULATIONS,
PHYSICAL IMPROVEMENTS AND SERVICES.
The City retains the right to amend or modify the
Marinapark rules and regulations, the terms of this Lease, and
{ the nature of the physical improvements for services to be provi-
ded, after complying with the provisions of the Mobilehome Resi-
dency Law and other applicable law. The right to amend the terms
of this Lease, the Marinapark rules and regulations, and the
physical improvements and services to be provided by City,
include, without limitation, the right to reduce the size of, or
eliminate, any physical improvement, common area, common
facility, or equipment, provided, however, no changes shall be
made to the provisions of this Lease, specifying the term of the
Lease or the rent to be charged unless those changes or
amendments are permitted by other provisions of this Lease.
LJ
14. RIGHT OF ENTRY.
A. Lessee, subject to the right of revocation as set
forth in the Mobilehome Residency Law, hereby grants written
consent to City to enter the premises and Lessee's mobilehome for
the purpose of improving, maintaining, repairing or replacing
gas, water and sewage systems owned and maintained by City. Any
damage, loss or Injury to Lessee's home, property of Lessee, or
the premises which results from efforts of City to maintain,
repair, improve or replace the gas, water or sewage systems,
shall be the sole responsibility of Lessee, and City shall not be
responsible for reimbursing any cost or expense incurred by
Lessee as a result of such efforts, nor shall City be responsible
for repairing, replacing or otherwise restoring the mobilehome,
the premises or any improvements thereon, to the state or
condition immediately prior to the maintenance, replacement or
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repair efforts
premises for
Residency Law.
0
The City also reserves the right to enter the
other purposes as specified in the Mobilehome
B. City is contemplating widening the public walkway
located along the easterly boundary of Marinapark. In order to
accomplish this widening it may be necessary to relocate existing
improvements on the premises a distance of five feet (51) to the
west. City hereby reserves the right to relocate mobilehome and
other improvements on the premises a distance of five feet (51)
to the west of its current location, the relocation to be at City
expense, provided, however, Lessee shall bear any expense
incurred by City in excess of the sum of $10,000.00.
15. HOLD HARMLESS.
Lessees covenant that they will indemnify, defend and
hold City, its officers, agents and employees harmless from any
and all claims or demands of any name or nature whatsoever
arising out of, or incident to, the use and occupancy of the
Premises, and to indemnify City for any cost, liability, or
expense caused by or arising out of any injury or death of
persons or damage to property which may occur upon or about the
leased premises or caused by or arising out of any activities or
omission of Lessees, their agents, employees, licensees and /or
invitees, including, without limitation, injury or death of
Lessees, their agents, employees, licensees and invitees and
damage to their property or Lessee's property, except for any
damage or injury of any kind arising out of the negligence of
City, its officers, agents, or employees.
:Lessees, as a material part of the consideration
under this Lease, hereby waive all claims against City for any
damage or loss from any cause arising at any time, including, but
not limited to fire, theft, Acts of God, vandalism or any physi-
cal damage while the coach remains in the mobilehome park, other
than the negligence of City's agents, officers or employees.
Lessees do hereby agree to indemnify and hold City, its officers,
agents and employees harmless from and on account of any damage
or injury to any person or equipment on the coach arising from
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0 6
any cause or from the negligence of a Lessee, his or her family
or guests.
Since a substantial portion of the present value of
Lessee's mobilehome or coach is attributable to the value of the
premises and the and the proximity of the premises to lower
Newport Bay, and not the value of the structural improvement,
Lessee, in addition_ to , the other commitment specified in
paragraph 4, agrees to indemnify and hold City, its officers
agents, and employees harmless from any and all loss or injury of
any nature whatsoever arising out of or attributable to such a
change of use and the requirement that Lessee remove his home and
other property from the Marinapark.
16. TERMINATION.
A. Lessee may terminate this Lease without any
further liability to City, upon sixty (60) days' written notice
to City and upon condition that all persons occupying the
premises terminate their tenancy within that period and remove
the mobilehome or recreational vehicle and all other
improvements, from the premises.
B. The City may terminate this Lease for the reasons
specified, and according to the procedures set forth, in the
Mobilehome Residency Law.
C. In addition to the rights specified in subpara-
graph B, the City reserves the right to terminate this Lease in
the events (1) a court of competent jurisdiction determines that
residential use of the property is inconsistent, or in conflict,
with the provisions of the public trust imposed upon those por-
tions in Marinapark that constitute state tideland, or that the
residential use is inconsistent with any provision of the state
constitution or state law; (2) there is a major failure in one or
more of the public utilities furnished Lessee by City, and, in
the opinion of City, the cost of repairing the system is exces-
sive when viewed in light of the contemplated conversion to
public recreation use at the expiration of this Lease.
D. The waivers and releases relative to relocation
benefits or assistance shall operate to preclude recovery of same
by Lessee in the event this Lease is terminated pursuant to the
provisions of this paragraph.
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17. ATTORNEYS' FEES.
Should either City or Lessees be required to employ
counsel to enforce the terms, conditions and covenants of this
Lease, the prevailing party shall recover all reasonable
attorneys' fees (and court fees if applicable) Incurred therein
whether or not court proceedings were commenced.
18. REMEDIES CUMULATIVE.
The rights, powers, elections and remedies of the
City contained in this Lease shall be construed as cumulative and
no one of them shall be considered exclusive of the other or
exclusive of any rights or remedies allowed by law, and the
exercise of one or more rights, powers, elections or remedies
shall not Impair or be deemed a waiver of City's right to exer-
elbe any other.
19. NO WAIVER.
No delay or omission of the City to exercise any
right or power arising from any omission, neglect or default of
the Lessees shall impair any such right or power or shall be
construed as a waiver of any such omission, neglect or default on
the part of the Lessees or any acquiescence therein.
No waiver of any breach of any of the terms, cove-
nants, agreements, restrictions or conditions of this lease shall
be construed as a waiver of any succeeding breach of the same or
of any of the terms, covenants, agreements, restrictions or
conditions of this lease.
20. COMPLIANCE WITH LAWS.
Lessees covenant and agree to
regulations, statutes, ordinances and
California and the City of Newport
governmental body or agency having lawful
leased property; and Lessee further agrees
Rules and Regulations of Marinapark.
comply with all rules,
aws of the State of
Beach or any other
jurisdiction over the
to comply with all the
21. MOBILEHOME RESIDENCY LAW /ZONING AND USE PERMIT
INFORMATION:
A. Lessee acknowledges having received and read a
copy of this Lease, the provisions of the Mobilehome Residency
t� Law (Exhibit "_ ") as presently constituted, and the Marinapark
Rules and Regulations (Exhibit "'").
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t
B. Marinapark is currently zoned unclassified and
there are no conditional use permits or other permits required to
operate Marinapark as a mobilehome park. The City of Newport
Beach owns the ground on which Marinapark Is located except to
the extent the property is subject to the public trust applicable
to tidelands.
This Lease and the documents referred to herein
constitute the entire agreement between City and Lessee and
terminates and supersedes all prior and contemporaneous
agreements, representations and understandings of the parties,
whether written or oral, including, without limitation, the
termination of any rights of either party under the 1976 Lease.
<. 23. NOTICES.
It is mutually agreed that any notice or notices
provided for by this lease or by law, to be given or served by
Lessees, may be given or served by mail, registered or certified,
with postage prepaid, on the City of Newport Beach, addressed to
the Mayor, City Manager, or City Clerk, 3300 Newport Boulevard,
Newport Beach, California 92663, or at such other address as may
be hereafter furnished to the Lessee in writing. If notice is
intended to be served by City on Lessees, it may be served
either:
A. By delivering a copy to the Lessee personally;
and
B. If he be absent from the mobilehome, by leaving a
copy with some person of suitable age and discretion who may be
occupying the mobilehome; or
C. If no one can be found, then by affixing a copy
of the notice in a conspicuous place on the premises or
mobilehome and also sending a copy through the mail addressed to
the Lessee.
Such service upon the City or Lessee shall be deemed
complete at the expiration of seventy -two (72) hours from and
after the deposit In the United States mail of such notice,
demand or communication.
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i
LEASE
This Lease, entered into this day of ,
1985 by and between the CITY OF NEWPORT BEACH, a municipal corpo-
ration and charter city (hereinafter "City ")
and (hereinafter
"Lessee "),' is made with reference to the following facts, the
materiality and existence of which is stipulated and agreed by
the parties:
A. City is the owner, and is in possession and control,
of a parcel of real property, consisting of tidelands and
uplands, located northerly of Balboa Boulevard and between
Fifteenth Street and Nineteenth Street in Newport Beach, commonly
known as Marinapark and generally described on the plot 0110
attached as Exhibit "A" (hereinafter "plot plan ");
B. The property within Marinapark was under lease prior
to the effective date of the Charter of the City of Newport Beach
and, pursuant to the provisions of Section 1402 of the City.
Charter, the City Council is empowered to authorize execution of
this Agreement by the.Mayor;
C. Prior to the effective date of this lease, and pursu-
ant to a lease dated March 24, 1976, (hereinafter "1976 Lease "),
the City leased 58 trailer park spaces in Marinapark as shown on
the plot plan, under a standard lease which would have expired on
the 30th day of September, 1985, subject to the right of the
Lessee to extend the term of the lease for a five (5) year period
should the City Council determine, prior to that date, Marinapark
was not required for any trust, or any public, purpose;
D. The City Council presently intends to convert Marina-
park to a public recreation area upon expiration of this lease;
E. The City Council finds that it is in the best
Interests of the City of Newport Beach to enter into this Lease
because Lessees have agreed that City has the right to convert
Marinapark into a public recreation area upon the expiration of
this Lease, or shortly thereafter, without payment of relocation
benefits or other forms of assistance to persons displaced due to
the conversion;
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4(
F. The City Council finds and declares that this Lease
operates to preserve an important and unique housing resource to
be occupied by permanent residents and affordable to persons of
low and moderate income. As such, the lease of space within
Marinapark confers a substantial benefit upon the citizens of
Newport Beach and is consistent with, and furthers the objectives
of, the 1884 Housing Element of the General Plan of the City of
Newport Beach;
G. The City Council finds and declares that the terms
and conditions of this Lease are not inconsistent with the provi-
sions of the public trust imposed upon those portions of Marina -
park which constitute tidelands in that:. (1) the preservation of
a significant amount of rental housing affordable to persons of
C low and moderate income is a matter of general state -wide
interest; (2) the revenue generated by that portion of Marinapark
consisting of tidelands is utilized by the City to enhance public
use of tidelands in the immediate vicinity of Marinapark; and (3)
the City has, through this lease, established its right to
convert the property to public recreational use upon expiration
of this Lease without obligation to pay relocation benefits, or
provide other forms of assistance, to displaced tenants;
H. The City Council finds and declares that the terms
and conditions of this Lease, as they relate to tidelands and
uplands, do not constitute a violation of the gift clause of the
Constitution of the State of California, in that the preservation
of affordable housing stock is of significant public benefit and
the revenues generated by the terms of this Lease are effectively
and efficiently used to enhance the public recreational use of
nearby tidelands;
I. The City Council finds and declares that the terms
and conditions of this Lease comply, and are consistent, with the
Charter of the City of Newport Beach including, without
limitation, the provisions of Section 200 and 1402 of the
Charter;
J. The City Council also finds and declares that the
provisions of this Lease are consistent with the plans, policies,
rules and ordinances of the City of Newport Beach and, more
specifically, are consistent with the General Plan, which
provides that the mobilehome park may be continued until phased
out, and the Land Use Plan of the Local Coastal Program which
specifies that it is the intent of the City to preserve the
mobilehome park as a means of providing a variety of housing
opportunities within the City; and
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K. The terms and conditions of this Lease are in compli-
ance, and consistent, with the provisions of the Mobilehome
Residency Law (Section 798, et seq. of the Civil Code) and the
State Zoning and Planning Act (Sections 65863.7 and 65863.8 of
the Government Code).
NOW, THEREFORE, the undersigned parties do hereby mutually
agree as follows:_
1. DESCRIPTION OF PREMISES.
The City leases, and Lessee accepts the lease of, the
property described as space as shown on the plot plan,
attached as Exhibit "A ", (hereinafter "Premises ").
/ 2. TERM.
\, The tenancy created by this Lease shall commence as
of the date on which the Lease is signed by Lessee and shall
expire on March 15, 2000, unless earlier terminated in accordance
with the terms of this Lease.
3. USE OF PREMISES.
A. The Premises shall be used only for residential
purposes, and no business or commercial activity shall be conduc-
ted on the Premises. No persons other than Lessee, a person in
addition to Lessee if Lessee is living alone, and the short term
guests (a guest who does not stay with Lessee for more than a
total of 20 consecutive days or a total of 30 days in any calen-
dar year) of Lessee, may reside or occupy the Premises without
the prior written consent of the City.
B. The City has found and determined this Lease is
consistent with the provisions of the 1984 Housing Element and
other relevant state and local laws, policies and plans primarily
because it preserves a significant amount of housing affordable
to persons of low and moderate income. The finding is based on
the assumption that the premises shall serve as the primary resi-
dence of Lessee, not as a second, or vacation, home. Lessee
agrees that the primary residence requirement is fundamental to
this lease, stipulates that the residency requirement will not
constitute an.undue burden or hardship on Lessee in light of the
time allowed for compliance, and Lessee agrees that, on or before
October 1, 1990, the Premises shall be Lessee's primary residence
unless this requirement is waived by the City Council due to
hardship. Lessee shall provide satisfactory proof of residence
to the City.
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4V
C. Lessee agrees to comply with the rules and
regulations of Marinapark (Exhibit "B ") and further agrees these
rules and regulations may be amended as provided in the
Mobilehome Residency Law or other relevant statute.
4. FUNDAMENTAL CONSIDERATION AND ESSENTIAL TERMS:
A. Introduction.
The City and Lessee agree that the terms and
conditions of this Lease grant, to both parties, substantial and
important rights and advantages, economic and personal, that each
would not otherwise be entitled to receive. These economic and
personal rights and benefits are the essence of, and constitute
the fundamental consideration for, this Lease. The more impor-
tant rights and benefits gained and given up by each party are
specified in this paragraph and the parties agree that this Lease
should be interpreted such that each party receives the benefits
and advantages identified in this paragraph.
B. Fundamental Interests of Lessee - Rights and
Benefits Given Up by City.
The overriding motivation for Lessee's approval
of this Lease is the commitment by City to maintain the property
as a mobilehome park until March 15, 2000, and the long -term
nature of the tenancy created by this lease. These commitments
of City operate to insure long -term occupancy, protect the finan-
cial interest and investment of Lessee in the Premises, and
significantly increase the value, and transferability, of that
interest or investment. The most significant rights obtained by
Lessee, and given up by City, are as follows: .
(1) Lessee obtains the long -term right to occupy
the Premises while City commits to preserve the mobilehome park
use until March 15, 2000 and approves a long -term tenancy instead
of invoking its right to grant no more than a one year tenancy as
provided by the Mobilehome Residency Law;
(2) Lessee's right to occupy the Premises is
subject to the payment of the moderate rent specified in this
Lease and Lessee also obtains the advantage of limited rental
increases in the future, while City gives up the .right to charge
higher rents initially and the right to impose future rental
increases In excess of the cost -of- living index; and
(3) The value and transferability of Lessee's
interest is preserved by the long term nature of the tenancy
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created by this lease and limitations on the amount of rent a
buyer or transferee of Lessee's Interest could be charged, while
City gives up the right to substantially increase rent for the
Premises in the event of a transfer.
C. Fundamental Interest of City - Rights and
Benefits Given Up by Lessee.
The fundamental reason for City to enter into
this Lease is the right to convert Marinapark to a public recrea-
tional use upon expiration of this Lease, or shortly thereafter,
without obligation to pay relocation benefits, or provide other
forms of relocation assistance. In consideration of the rights
and benefits given up by City, and in addition to the obligation
to pay rent and comply with the other terms and conditions of
this Lease, Lessee stipulates and agrees as follows:
(1) The terms and conditions of this Lease,
specifically the commitment of City to grant long -term tenancy
rights and to preserve the current use of the Premises until
March 15, 2000, constitute full and adequate mitigation of any
adverse impact of the proposed conversion on Lessee and the
extended term of the Lease gives Lessee sufficient time to secure
adequate replacement space in another mobilehome park or other
alternative housing;
(2) The terms and conditions of the Lease,
specifically the extended term of the Lease, is of far greater
value to Lessee than any relocation benefits or other form of
assistance could be granted to Lessee by City at-or near the
expiration of the Lease and the conversion. of the Premises to
public recreational use. The extended term of the Lease signifi-
cantly increases the market value of Lessee's interest in the
Premises and substantially improves the ability of Lessee to
locate potential purchasers or transferees of Lessee's interest;
(3) LESSEE HEREBY WAIVES, GIVES UP THE RIGHT TO
RECEIVE, AND RELEASES CITY FROM ANY OBLIGATION TO PAY, RELOCATION
BENEFITS, OR ANY OTHER FORM OF RELOCATION ASSISTANCE OR OTHER
PAYMENT OR CONSIDERATION THAT ARISE OUT OF, OR ARE IN ANY WAY
RELATED TO: (A) THIS LEASE OR ANY FUTURE TENANCY; (B) THE
ULTIMATE TERMINATION OF LESSEE'S TENANCY PURSUANT TO THIS LEASE
OR THE .TERMINATION OF EXPIRATION OF ANY SUBSEQUENT TENANCY
HOWEVER CREATED; (C) THE CONVERSION OF THE PREMISES TO A PUBLIC
RECREATION USE, (D) THE DISPLACEMENT OF LESSEE FROM HIS AND /OR
HER PRIMARY RESIDENCE; (E) ANY FEDERAL, STATE OR LOCAL LAW, PLAN,
POLICY OR RULE WHICH RELATES TO SUCH DISPLACEMENT, OR REQUIRES
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�..
THE MITIGATION OF THE IMPACTS CAUSED BY DISPLACEMENT. THIS
RELEASE BY LESSEE, NOTWITHSTANDING SECTION 1542 OF THE CALIFORNIA
CIVIL CODE, WHICH PROVIDES THAT:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERI-
ALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR,"
RELEASES ALL CLAIMS OR LOSSES, WHETHER KNOWN, UNKNOWN, FORESEEN
OR UNFORESEN, WHICH LESSEE MAY HAVE AGAINST CITY. LESSEE UNDER-
STANDS AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF THIS
RELEASE AND OF THIS SPECIFIC WAIVER OF SECTION 1542 AND ASSUMES
FULL RESPONSIBILIITY FOR ANY DAMAGES, LOSS OR CLAIM THAT LESSEE
MAY INCUR AS A RESULT OF THE CONVERSION, TERMINATION, AND /OR
DISPLACEMENT REFERRED TO ABOVE. LESSEE IS FREELY AND VOLUNTARILY
EXECUTING THIS LEASE AND LESSEE, AND IN EXECUTING THIS RELEASE,
HAS NOT RELIED UPON ANY INDUCEMENTS, PROMISES OR REPRESENTATIONS
MADE BY CITY OR ITS OFFICERS OR EMPLOYEES, OTHER THAN THE COMMIT-
MENTS AND COVENANTS CONTAINED WITHIN THIS LEASE.
(4) Lessee agrees that City's right to convert
the premises to a public recreation area upon expiration of this
lease, is now. believed to be in the best interests of the
citizens of, and visitors to, the City of Newport Beach.
(5) This Lease constitutes notice that City
reserves the right to convert the Premises to public recreational
use on or about March 16, 2000.
C_
(6) Upon expiration of the term of this Lease,
Lessee shall, within sixty (60) days, remove any mobilehome or
recreational vehicle, structure, improvement, personal property
or equipment located upon the Premises. Upon the expiration of
this sixty (60) day period, the City shall have the right to
remove and dispose of any and all property improvement structures
or equipment which remain on the Premises without prior notice or
judicial action.
(7) 1f, subsequent to the expiration of this
Lease, Marinapark is still to be operated as a mobilehome park,
the City shall be under no obligation to offer written rental
agreements or leases other than as may then be required by the
Mobilehome Residency Law, specifically the provisions of Section
798.18 of the Civil Code or such laws as may• be enacted
subsequent to the effective date of this Lease. The Mobilehome
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Residency Law currently obligates the City to offer a twelve (12)
month lease or a lesser term if requested by Lessee.
5. RENT.
Lessee shall pay as rent, without deduction or
offset, on the lot day of October, 1985, and on the first day of
each month thereafter during the term of this lease, the sum of
$732.00, provided, however, In the event this lease is signed
after the 1st day of November, 1985, and prior to December 1,
1985, rent shall be $769.00, and provided further, that in the
event this lease is signed after December It 1985, and prior to
January 1, 1986, the rent shall be $807.00 and in each case rent
shall be subject to increase as specified in this paragraph.
j The monthly rental shall be subject to adjustment as of
October 1, 1986 and as of October 1st of each year thereafter
during the term of this Lease. In no case shall the adjusted
rent be less than the current rent. The adjustment shall be
equal to the increase in the Consumer Price Index for the twelve
month period (commencing May 1 and ending April 30, hereinafter
the "adjustment period ") prior to the date of adjustment. The
rental adjustment shall be calculated by adding each monthly
percentage increase during .t he adjustment period, subtracting any
decreases and multiplying the total by the monthly rent in effect
prior to the adjustment. The Consumer Price Index (All Urban 1.
Consumers -All Items) for the Los Angeles -Long Beach- Anaheim,
California area as published and released by the Bureau of
Statistics for the United States Department of Labor shall be the
index utilized for calculating rental adjustments.
If the Consumer Price Index, as now, compiled and
published, is superseded by another index, then the new index
shall be used to calculate the increase in rent provided that an
appropriate conversion from the old index to the new can feasibly
be made. If such conversion cannot be made, or if no such index
is published, then another index generally recognized as authori-
tative shall be substituted by agreement.
Rent for any fractional part of any month between the
commencement date and the first date of the first full calendar
month within the Term shall be prorated, and paid by Lessees to
City along with the first full month of rent due hereunder.
Lessee stipulates and agrees that this lease constitutes
_ the sixty (60) days, written notice of rental increases required
by the Mobilehome Residency Law and Lessee acknowledges that no
additional written notice need be given by City; provided,
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however, City may provide Lessee with sixty (60) days' written
notice of the precise amount of any rental increase authorized by
this paragraph and City and Lessee agree that such notice shall
not constitute a waiver of City's right to rely upon the adequacy
of the notice provisions in this paragraph.
6. RELEVANT STATUTES AND RULES.
The Mobilehome Residency Law requires this Lease to
contain, among other things, the rules and regulations of Marina -
park and the language of the Mobilehome Residency Law. The rules
and regulations of Marinapark are attached as Exhibit "B," the
provisions of the Mobilehome Residency Law are attached as
Exhibit "C," and both documents are incorporated Into this Lease
by reference. The Marinapark rules and regulations and the
Mobilehome Residency Law may be amended or modified from time to
time, and these amendments and modifications shall be deemed to
be incorporated into the documents attached as Exhibits "B" and
"C" when effective.
7. LATE CHARGE.
If the entire rent owed by Lessee is not received by
City by the 10th day following. its due date, then, without any
requirement for notice to Lessee, Lessee shall pay to City a late
charge of $35.00. The parties agree that such a late charge
represents a fair and reasonable estimate of the costs City will
incur by reason of any late payment of rent. An acceptance of a
late charge by City shall not constitute a waiver of Lessee's
default with respect to rent, nor prevent City from exercising
any of the rights or remedies granted by this Lease..
8. SALE OR ASSIGNMENT.
Lessee may sell the mobilehome located on the
premises pursuant to the rights, and subject to the obligations,
of Lessee under the Mobilehome Residency Law and any other appli-
cable statutes. If the mobilehome that is the subject of the
sale or transfer, is to remain in the park, or if Lessee proposes
to assign Lessee's Interest in this Lease to any person or
persons who is (are) to reside on the premises, Lessee and /or the
proposed transferee must do the followings
A. Lessee must give notice of the sale or assignment
to City prior to close of escrow;
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Be The sale or assignment shall not be effective
unless the City has given prior written approval, the transferee
has exeouted the assignment of lease form provided by City, and
the transferee has expressly agreed to be bound by the waivers
and releases provided in the Lease.
C. Lessee, in view of the requirement that the
Premises shall constitute Lessee's primary residence,,agrees.not
to sublease or otherwise transfer any partial Interest in this
Lease, except to the extent that the right to sublet or transfer
Is specifically provided by law and, in no event to 'a person or
persons not using the premises as a primary residence..
D. City shall approve any such transfer, if the
transferee has the financial ability to pay the rent and charges
and otherwise comply with the terms and conditions of this Lease,
provided, however, City may withhold approval if it determines
that, based upon the transferee's prior teni�neles, the transferee
will not comply with the rules or regulations of Marinapark
(Exhibit "B ").
S. The City, in the event of a sale of a mobilehome
to a third party, and in order to upgrade the quality of the
park, may require that a mobilehome be removed from the park,
when@ (1) it Is _less than ten feet widel (2) it is more than
twenty (20) years old, or more than twenty- five.(25) years old if
manufactured after September 15, 1971, and is twenty (20) feet
wide or more, and the mobilehome does not comply with the health
and safety standards provided in Section 185509 18552 and 18805
of the Health do Safety Code and the regulations established
thereunderl (3) the mobilehome Is more than seventeen (17) years
old, or more than twenty -five (25) years old if manufactured
after September 15, 1971, and is less than twenty (20) feet wide
and the mobilehome does not comply with the construction safety
standards under Sections 188509 18852 and 18805 of the Health dt
.Safety Code and the regulations established thereunder; or (4) it
In In a significantly run down condition or In disrepair, as
determined by the general condition of the mobilehome and Its
acceptability of the health and safety of the occupants and the
public exclusive of its age. .
F. Should: Lessee,"-during `.the term of this Lease,
elect - Wsell` or assign -its .interest in this Lease, City shall
have the right 'of first refusal-to acquire the interest on such
terms and conditions as may be acceptable to Lessee, and on
failure of the'parties to agree on terms within ten (10) days
after written notice thereof from Lessee, Lessee shall be free to
.9-
sell or assign Lessee's interest in this Lease, subject to the
terms and conditions of this Lease.
G. Notwithstanding any other provision in this
Lease, Lessee shall have the.right. to assign its interest in.this
Lease to a spouse, son and /or daughter without any requirement
that City be given the right of, first refusal to .acquire the
Interest and without payment of. the transfer fee. specified in
paragraph 10, provided, however, the premises shall be used as
the primary residence of the assignee and the assignee shall be
bound by all provisions of this Lease, including, without
limitation, the waiver of relocation assistance.
9. UTILITIES.
A. The City shall not provide electricity or tele-
phone service. Lessee shall make arrangements directly with the
utilities furnishing the services and promptly pay all charges;
B. The City shall provide Lessee with water and gas
service. The Initial charge to Lessee for such service shall be
based upon the expenses incurred by City for gas and water utili-
zed within Marinapark, for all purposes, ( "total cost ") for the
period commencing August 1, 1984 and ending July 31, 1985 (rating
period). The initial monthly charge to Lessee shall be calcula-
ted by dividing the "total cost" by twelve (monthly cost) and
then dividing the monthly cost by the number of tenancies with
Marinapark (total tenancies). Charges for gas and,water service
shall be increased or decreased on the first day of October,
1986, and on the first day of October during each subsequent year
of this Lease in accordance with increases or decreases In "total
cost" or "total tenancies" during the preceding rating period
(August 1st through July 31st).
C. The charges for gas and water service shall be
paid when rent is due, and is In addition to the obligation to
pay rent. In the event Lessee fails to pay charges for water or
gas service within ten days after the amount is due, Lessee shall
pay to City a late. charge of $35.00;
D. In the event City provides both master meter and
submeter service of utilities to Lessee, the cost of the charges
for each billing period shall be separately stated and shall
contain opening and closing readings of the meter. In such
i event, City shall post rates charged by the appropriate utility
in a conspicuous place;
-10-
B. City shall
injury and Lessee shall
reduction of rent, by rei
utility or service if the
age, repairs, maintenance,
able control of City.
10. TRANSFER FEE.
not be liable for any loss, damage or
of be entitled to any abatement or
,on of City's failure to furnish any
failure is caused by accident, break -
or any other cause beyond the reason-
. Lessee requests that City perform certain services in
connection with the sale of any mobilehome to remain within the
Park, and /or the sale or assignment of Lessee's interest in this
Lease. The services to be performed by City, at Lessee's
request, include, but are not necessarily limited to, the prepar-
ation of the documents by which the leasehold interest is
assigned and the inspection of the property to be .transferred.
The City and Lessee agree that a reasonable fee for the perfor-
mance of these services is the sum of $2,500.00.
11. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS.
City agrees to maintain, in good working order and
conditions, the grounds, common areas, common facilities,
streets, City -owned buildings, and any other publicly -owned
improvements on the Marinapark property. Lessee shall, at their
cost and expense, maintain, in good order and condition, any
mobilehome, cabana, or other improvement located on the
premises. Lessees also agree that all landscaping on the
premises shall be limited to three (3) feet In height to preserve
views and open space. The City may charge a reasonable fee for
services relating to the maintenance of the premises upon which
the mobilehome is located in the event Lessee fails to maintain
the property in accordance with the provisions of this Lease and
the rules and regulations of Marinapark (Exhibit "B ") after
giving written notification to Lessee and Lessee's failure to
comply within fourteen (14) days from the date of notice. The
notice shall contain all information required by the Mobilehome
Residency Law.
12. PHYSICAL IMPROVEMENTS AND SERVICES.
The physical Improvements to be provided Lessee
during the term of this Lease include the nonexclusive right to
use all of the eomnon areas and common facilities located within
Marinapark, such as streets, nonrestricted parking areas, reerea-
tional facilities and equipment, q pment, laundry facilities and other
-11-
facilities, equipment and conveniences located in the common
areas and common facilities and designated for use by residents.
The services to be provided by City during the term
of this Agreement include the services to be provided by the
Marinapark manager and other employees and officers of City, the
utilities to be provided by City specified in Paragraph 9, and
the maintenance of all common areas and common facilities.in good
working order and condition.
13. CHANGES IN MARINAPARK RULES AND REGULATIONS,
PHYSICAL IMPROVEM M 5 AND SERVICES.
The City retains the right to amend or modify the
Marinapark rules and regulations, the terms of this Lease, and
the nature of the physical improvements for services to be provi-
dedl after complying with the provisions of the Mobilehome Resi-
dency Law and other applicable law. The right to amend the terms
of this Lease, the Marinapark rules and regulations, and the
physical improvements and services to be provided by City,
Include, without limitation, the right to reduce the size of, or
eliminate, any physical improvement, common area, common
facility, or equipment, provided, however, no changes shall be
made to the provisions of this Lease, specifying the term of the
Lease or the rent to be charged unless those changes or
amendments are permitted by other provisions of this Lease.
14. RIGIJT OF ENTRY.
A. Lessee, subject to the right of revocation as set
forth in the Mobilehome Residency Law, hereby grants written
consent to City to enter the premises and Lessee's mobilehome for
the purpose of improving, maintaining, repairing or replacing
gas, water and sewage systems owned and maintained by City. Any
damage, loss or injury to Lessee's home, property of Lessee, or
the premises which results from efforts of City to maintain,
repair, improve or replace the gas, water or sewage systems,
shall be the sole responsibility of Lessee, and City shall not be
responsible for reimbursing any cost or expense incurred by
Lessee as a result of such efforts, nor shall City be responsible
for repairing, replacing or otherwise restoring the mobilehome,
the premises or any improvements .thereon, to the state or
condition immediately prior to the maintenance, replacement or
-12-
repair efforts
premises for
Residency Law.
The City also
other purposes
reserves the right to enter the
s specified in the Mobilehome
B. City is contemplating widening the public walkway
located along the easterly boundary of Marinapark. In order to
accomplish this widening it may be necessary to relocate existing
improvements on the premises a distance of five feet (51) to the
west. City hereby reserves the right to relocate mobilehome and
other improvements on the premises a distance of five feet (51)
to the west of its current location, the relocation to be at City
expense, provided, however, Lessee shall bear any expense
incurred by City in excess of the sum of $10,000.00.
15. HOLD HARMLESS.
Lessees covenant that they will indemnify, defend and
hold City, its officers, agents and employees harmless from any
and all claims or demands of any. name or nature whatsoever
arising out of, or incident to, the use and occupancy of the
Premises, and to indemnify City for any cost, liability, or
expense caused by or arising out of any injury or death of
persons or damage to property which may occur upon or about the
leased premises or caused by or arising out of any activities or
omission of Lessees, their agents, employees, licensees and/or
invitees, including, without limitation, injury or death of
Lessees, their agents, employees, licensees. and invitees and
damage to their property or Lessee's property, except for any
damage or injury of any kind arising out of the negligence of
City, its officers, agents, or employees.
Lessees, as a material part of the consideration
under this Lease, hereby waive all claims against City for any
damage or loss from any cause arising at any time, including, but
not limited to fire, theft, Acts of God, vandalism or any physi-
cal damage while the coach remains in the mobilehome park, other
than the negligence of City's agents, officers or employees.
Lessees do hereby agree to Indemnify and hold City, its officers,
agents and employees harmless from and on account of any damage
or injury to any person or equipment on the coach arising from
-15-
any cause or from the negligence of a Lessee, his or her family
or guests.
Since a substantial portion of the present value of
Lessee's mobilehome or coach is attributable to the value of the
premises and the and the proximity of the premises to lower
Newport Bay, and. not the value of the structural improvement,
Lessee, in addition. to the other commitment specified in
paragraph 4, agrees to indemnify and hold City, its officers
agents, and employees harmless from any and all loss or injury of
any nature whatsoever arising out of or attributable to such a
change of use and the requirement that Lessee remove his home and
other property from the Marinapark.
16. TERMINATION.
` A. Lessee may terminate this Lease without any
further liability to City, upon sixty (60) days' written notice
to City and upon condition that all persons occupying the
premises terminate their tenancy within that period and remove
the mobilehome or recreational vehicle and all other
improvements, from the premises.
B. The City may terminate this Lease for the reasons
specified, and according to the procedures set forth, in the
Mobilehome Residency Law.
C. In addition to the rights specified in subpara-
graph B, the City reserves the right to terminate this Lease in
the event: (1)• a court of competent jurisdiction determines that
residential use of the property is inconsistent, or in conflict,
with the provisions of the public trust imposed upon those por-
tions in Marinapark that constitute state tideland, or that the
residential use is inconsistent with any provision of the state
constitution or state law; (2) there Is a major failure in one or
more of the public utilities furnished Lessee by City, and, in
the opinion of City, the cost of repairing the system is exces-
sive when viewed in light of the contemplated conversion to
public recreation use at the expiration of this Lease.
D. The waivers and releases relative to relocation
benefits or assistance shall operate to preclude recovery of same
by Lessee in the event this Lease Is terminated pursuant to the
provisions of this paragraph.
-14-
17. ATTORNEYS' FEES.
Should either City or Lessees be required to employ
counsel to enforce the terms, conditions and covenants of this.
Lease, the prevailing party shall recover all reasonable
attorneys' fees (and court fees if applicable) incurred therein
whether or not court proceedings were commenced.
18. REMEDIES CUMULATIVE.
The rights, powers, elections and remedies of the
City contained in this Lease shall be construed as cumulative and
no one of them shall be considered exclusive of the other or
exclusive of any rights or remedies allowed by law, and the
exercise of one or more rights, powers, elections or remedies
shall not impair or be deemed a waiver of City's right to exer-
eise any other.
19. NO WAIVER.
No delay or omission of the City to exercise any
right or power arising from any omission, neglect or default of
the Lessees shall impair any such right or power or shall be
construed as a waiver of any such omission, neglect or default on
the part of the Lessees or any acquiescence therein.
No waiver of any breach of any of the terms, cove-
nants, agreements, restrictions or conditions of this lease shall
be construed as a waiver of any succeeding breach of the same or
of any of the terms, covenants, agreements, restrictions or
conditions of this lease.
20. COMPLIANCE WITH LAWS.
Lessees covenant and agree to comply with all rules,
regulations, statutes, ordinances and laws of the State of
California and the City of Newport Beach or any other
governmental body or agency having lawful jurisdiction over the
leased property; and Lessee further agrees to comply with all the
Rules and Regulations of Marinapark.
21. MOBILEH M8 RESIDENCY LAW /WNING AND USE PERMIT
INFORMATION:
A. Lessee acknowledges having received and read a
copy of this Lease, the provisions of the Mobilehome Residency
Law (Exhibit "_ ") as presently constituted, and the Marinapark
Rules and Regulations (Exhibit "_ ").
-Is-
i
- B. Marinapark is currently zoned unclassified and
there are no conditional use permits or other permits required to
operate Marinapark as a mobilehome park. The City of Newport
Beach owns the ground on which Marinapark is located except to
the extent the property is subject to the public trust applicable
to tidelands.
ENTIRE AGREEMENT.
This Lease and the documents referred to herein
constitute the entire agreement between City and Lessee and
terminates and supersedes all prior and contemporaneous
agreements, representations and understandings of the parties,
whether written or oral, including, without limitation, the
termination of any rights of either party under the 1976 Lease.
23. NOTICES.
It is mutually agreed that any notice or notices
provided for by this lease or by law, to be given or served by
Lessees, may be given or served by mail, registered or certified,
with postage prepaid, on the City of Newport Beach, addressed to
the Mayor, City Manager, or City Clerk, 3300 Newport Boulevard,
Newport Beach, California 92663, or at such other address as may
be hereafter furnished to the Lessee in writing. If notice is
Intended to be served by City on Lessees, it may be served
either:
A. By delivering a copy to the Lessee personally;
and
B. If he be absent from the mobilehome, by leaving a
copy with some person of suitable age and discretion who may be
occupying the mobilehome; or
C. If no one can be found, then by affixing a copy
of the notice in a conspicuous place on the premises or
mobilehome and also sending a copy through the mail addressed to
the Lessee.
Such service upon the City or Lessee shall be deemed
complete at the expiration of seventy -two (72) hours from and
after the deposit in the United States mail of such notice,
demand or communication.
-16
l
IN WITNESS WHEREOF, the parties have caused this Lease to
be executed the day and year first above written.
APPROVED AS TO POiil4ls
City Attorney
-17-
CITY OF NEWPORT BEACH
a municipal corporation
.By.
LESSEE:
By
MEMORANDUM
OFFICE OF THE CITY ATTORNEY
August 27, 1985
TO: Wanda Raggio, City Clerk
FRAM: Robert H. Burnham
RE: Publication of Notice - Mari: _U Lease
Please publish the following Notice in the paper today:
"NOTICE OF PUBLIC HEARING
NOTICE is hereby given that the City Council
of the City of Newport Beach will hold a Y
public hearing on the proposed lease of spaces -°'
within Marinapark. The leases would be
granted to existing tenants and would expire
in March, 20009 and provide for increased
rents and the waiver of relocation assistance.
NOTICE IS HEREBY GIVEN that a Negative
Declaration has been prepared by the City of
Newport Beach in connection with the
application noted above. The Negative
Declaration states that, the subject
development will not result in a significant
effect on the environment. It is the present
intention of the City to accept the Negative
Declaration and supporting documents. This is
not to be construed as either approval or
denial by the City of the subject
application. The City encourages members of
the general public to review and comment on
this documentation. Copies of the Negative
Declaration and supporting documents are
available for public review and inspection at
the City Clerk's Office, City of Newport
Beach, 3300 Newport Boulevard, Newport Beach,
California 92658 -8915 (714) 644 - 3005."
Memo to Wanda Ragge •
Page 2
August 27, 1985
Please maintain a copy f the attached in your files.
w..
• f"
Robert H. Burnham
City Attorney
RHB /jc
cc: Robert Wynn
OFFICE OF THE CITY ATTORNEY
August 27, 1985
TO: Robert Wynn, City Manager
FROM: Robert H. Burnham
RE: Marinapark - Notice
Attached are copies of the correspondence to Wanda in
connection with the publication of the Notice of Public
Hearing. Everything must be done within five days after the City
Council takes action, and therefore, the Notice of Determination
must be filed with the County Clerk, in Santa Ana, within five
days after such action being taken. /
overt ti. tsur
ity Attorney
RHB /jc
Enclosures
Attachments
OTICE OF DETERMINATION
TO: Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk
® Public Services Division
P.O. Box 838
Santa Ana, CA 92702
FROM:!
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 Newport Boulevard
P.O.Box 1768
Newport Beach, CA 92658 -8915
SUBJECT: Filing of Notice of Determination -in compliance with Section 21108 or
21152 of the Public Resources Code.
PROJECT
TITLE: MARINAPARK LEASES
PROJECT
LOCATION: Balboa Blvd, and 18th Street, Newport Beach, Ca
PROJECT
tenants
DESCRIPTION: Execution of new mobilehome leases.between the existing
and the City of Newport Beach.
CONTACT
PERSON: Robert L. Wynh TELEPHONE NO714- 644 -3000 '
STATE CLEARINGHOUSE NUMBER - - - --
This is to advise that the City of Newport Beach has made the following determinations
regarding the above described project:
1. The project has been Q approved by the City of Newport Beach.
❑ di sapproved
2. The project Q will have a significant effect on the environment.
® will not
3. ❑ An Environmental Impact Report was prepared for this project pursuant to
the provisions of CEQA.
A Negative Declaration was prepared for this project pursuant to the
provisions of CEQA. A copy of the Negative Declaration is attached.
DATE RECEIVED FOR FILING:
Patricia Temple
Date
0 0
Notice of Determination
4. Mitigation measures _were,. xx were not made a condition of approval
of this project.
5. A Statement of Overriding Considerations was , xx was not
adopted for this project.
6. The Final Environmental Document and the record of the project approval
may be examined at the C ty.Clerk's.office. of. the City of Newport Beach,
3300 Newport Boulevard, Newport Beach, CA 92658 -8915, 714- 644 - 3.005,.
� t
NEGATIVE DECLARATION .
TO: Q Secretary for Resources FROM: PLANNING DEPARTMENT
1416 Tenth Street CITY of NEWPORT BEACH
Sacramento, CA 95814 P.O. BOX 1768
NEWPORT BEACH, CA 92658 -891$
County Clerk of the County of
Orange
P.O.Box 838, Santa Ana, CA 92702 .
NAME OF PROJECT: MARINAPARK LEASES
PROJECT LOCATION: Balboa Blvd. and 18th Street, Newport Beach, California
PROJECT DESCRIPTION: Execution of new mobilehome leases between the existing
tenants and the City of Newport Beach. .
FINDING: Pursuant to the provisions of City Council Poii:cy K -3 pertaining to �+
procedures and guidelines to implement the California Environmental Quality
Act, the Environmental Affairs Committee has evaluated the proposed project.
and determined that the proposed project will not have a significant effect
on the environment. i
MITIGATION MEASURES:
None
INITIAL STUDY PREPARED BY: The City of Newport Beach
INITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard, Newport Beach, CA
DATE RECEIVED FOR FILING:
Patricia Temple
Environmental Coordinator
Date: August 23, 1985
NEGATIVE DECLARATION
FOR
RENEWAL OF THE NEWPORT MARINAPARH LEASES
PREPARED BY
THE CITY OF NEWPORT BENCH
1. Project Description.
The project consists of the execution of a new
lease between the City of Newport and existing tenants of 58
mobilehome park spaces in Newport Marinapark. The term of the
lease is 14 years, contains a new rent schedule, provides for a
waiver of relocation benefits and other forms of assistance upon
termination, and provides an opportunity for widening of a public
walkway extending northerly from Balboa Boulevard along the
easterly end of the park to the public beach adjacent to lower
Newport Bay. The project does not involve any alterations to the
land, nor the construction of any physical facilities except for
the public walkways noted above.
2. Project Location.
The Newport Marinapark is located east of 18th Street,
between Balboa Boulevard and Newport Bay on Balboa Peninsula.
The precise location is shown on Exhibit "B" attached to the
proposed lease.
3. Discussion of Environmental Impacts.
The execution of new leases by existing tenants will not
involve any physical change to the site, and therefore, will not
create any significant environmental impacts. The construction
of the public walkways will provide improved public access to the
existing public beach and will not have any significant adverse
impacts.
The execution of the new leases will not affect public
access to the shoreline. The new leases will conclude the
necessity of relocating residents of the park. The new leases
will also increase city revenues. Increased revenues will
enhance recreational opportunities in the vicinity, the
substantial amount of housing affordable to persons of low and
moderate income will be preserved.
-1-
i •
4. Basis for Negative Declaration.
This project has been carefully ��eviewedpin conjunction
with CEQA and the provisions of Sections M159'$ , 15092, and 12$3'
of the state EIR Guidelines.
It has been determined that the project is not in
conflict with the environmental goals and plans of the community
C1 y
and is not in conflict with the ('eneral lance and U# element
thereof, will not have any impact on the physical environment,
and therefore, it has been determined that this project will not
have a significant impact on this environment.
In view of the above discussion of Environmental Impacts
and the criteria set forth in these sections, it has been
determined that the project is not in conflict with the
environmental goals and plans of the community, is not in
conflict with the General Plan, will not have any impact on the
physical environment, and will improve public access to the
existing public beach. Therefore, it has been determined that
this project will not have a significant impact on the
environment.
-2-
INITIAL STUDY
I. Background
1.
Tame of
Proponent aq
op
NaiyF yRT
JF-Ac
_
2..
Address
and Phone Number
of
Proponent
83MNEI!/P02T
3. Date of Checklist Submission
6. Agency Requiring Checklist C IT4 OE` PIEu1 02T _BEAGI-1
S.. Name of Proposal. if applicable MA21NASAM, 5A,5F5
II. Environmental Impacts
(Explanations of all "yes" and "maybe" answers are required on attached
sheets.)
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in
changes in geologic substructures?
b. Disruptions, displacements, com-
paction or overcovering of the soil?
c.. Change in topography or ground
surface relief features?
d. The destruction, covering or modi-
fication of any unique geologic or
physical features?
e. Any.increase in wind or water erosion
of soils, either on or off the site?
f. Changes in deposition or erosion of
beach.sands,.or changes in siltation,
deposition or erosion which may modify
the channel of a river or stream or the
bed of the ocean or any bay, inlet or
lake?
YES MAYBE ND
x
c. Alterations to the course of flow of
flood waters? )C'
d. Change in the amount of surface water
in any water body?
e. Discharge into surface waters or in
any alteration of surface water
quality, including but not limited
to temperature, dissolved oxygen or
turbidity? X
f. Alteration of the direction or rate
of flow of ground waters?
g. Change in the quantity of.ground
waters, either through direct addi-
tions or withdrawals, or through
interception of an aquifer by cuts
or excavations? u
h. .Substantial 'reduction in the amount
of water otherwise available for
public water supplies?
i. Exposure of people or property to
water related hazards such as
flooding or tidal waves?
•
YES
MAYBE NO
g.
Exposure of people or property to
geological hazards such as earth-
quakes, landslides, mudslides, ground
failure, or similar hazards?
x
2. Air.
Will the proposal result in:
a.
Substantial air emissions or deteri-
oration of ambient air quality?
k
b.
The creation of objectionable odors?
c.
Alteration of air movement, moisture
or temperature, or any change in
climate, either locally or regionally?
X
7. Water. Will the proposal result in:
a.
Changes in currents, or the course or
direction of water movements, in either
marine or fresh waters?
x
b.
Changes in absorption rates., drainage
patterns, or the rate and amount of
k
surface runoff?
c. Alterations to the course of flow of
flood waters? )C'
d. Change in the amount of surface water
in any water body?
e. Discharge into surface waters or in
any alteration of surface water
quality, including but not limited
to temperature, dissolved oxygen or
turbidity? X
f. Alteration of the direction or rate
of flow of ground waters?
g. Change in the quantity of.ground
waters, either through direct addi-
tions or withdrawals, or through
interception of an aquifer by cuts
or excavations? u
h. .Substantial 'reduction in the amount
of water otherwise available for
public water supplies?
i. Exposure of people or property to
water related hazards such as
flooding or tidal waves?
YES
MAYBE NO
4.
Plant Life. Will the proposal result in:
a. Change in the diversity of species,
or number of any species of plants
(including trees, shrubs, grass,
crops, and aquatic plants)?
k
b. Reduction of the numbers of any
unique, rare or endangered species
X
of plants?
c. Introduction of new species of
plants into an area, or in a barrier
to the normal replenishment of
existing species?
x
d. Reduction in acreage of any
agricultural crop?
5.
Animal Life. Will the proposal result in:
a. Change in the diversity of species, or
numbers of any species of animals
(birds, land animals including reptiles,
fish and shellfish, benthic organisms,
X
or insects)?
b. Reduction of the numbers of any unique,
rare or endangered species of animals?
k
c. Introduction of new species of ani-
mals into an area, or result in a
barrier to the migration or movement
of animals?
d. Deterioration to existing fish or
wildlife habitat?
X
.6.,
Noise. Will the proposal result in:
a. Increases in existing noise levels?
x
b. Exposure of people to severe noise
X
levels?
7.
Lipht and Clare. Will the proposal produce
new light or glare?
B.
Land Use. Will the proposal result in a
substantial alteration of the present or
planned land use of an area?
_ CX
9. Natural Resources. Will the proposal
- result in:
a. Increase in the rate of use of any
natural resources?
b.. Substantial depletion of any non-
renewable natural resource?
.10. Risk of OpseC. Does the proposal involve
a risk of an explosion or the release of
hazardous substances (including, but not
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or
upset conditions?
11. Population. Will the proposal alter the
location, distribution, density, or growth
rate of the human population of an area?
12. Housing. Will the proposal affect
existing housing, or create a demand
for additional housing?
13. Transportation /Circulation. Will the
proposal result in:
a. Generation of substantial additional
vehicular movement?
b. Effects on existing parking facilities,
or demand for new parking?
c. Substantial impact upon existing
transportation systems?
d. Alterations to present patterns of
circulation or movement of people
and /or goods?
e. Alterations to waterborne, rail or
air traffic?
f. Increase in traffic hazardous to
notor vehicles, bicyclists or
pedestrians?
14. Public Services. Will the proposal have an
effect upon, or result in a need for new or
altered Rovernmental services in any of the
folio-ding areas:
YF.S MAYBE No
x
X
k
x
a. Fire protection?
b.. Police protection?
C., schools?
d. Parks or. other recreational facilities?
e. Maintenance of public facilities,
including roads?
f. Other governmental services?
15. Energy Will the proposal result in:
a. Use of substantial amounts of fuel or
energy?
b. .Substantial increase in demand upon
existing sources of energy, or require
the development of new sources of
energy?
16. Utilities. Will the proposal result in a
need for new systems, or substantial
alterations to the following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
17. Human Health. Will the proposal result in:
a. Creation of any health hazard or
potential health hazard (excluding
mental health)?
b. Exposure of people to potential
health hazards?
18. Aesthetics. Will the proposal result in the.
obstruction of any scenic vista or view open
to the public, or will the proposal result
in the creation of an aesthetically
offensive site open.to public view?
YES
MAYBE NO
x
x
X
)C
k
X
I
19. Recreation. Will the proposal result
in an impact upon the quality or Quantity
of existing recreational opportunities?
20. Archeological /Historical. Will thr
proposal result in so alteration of a
significant archeological or historical
site, structure, object or building?
21. Mandatory Findings of Significance.
a. Does the.project have the potential to
degrade the quality of .the environment,
substantially reduce the habitat of a
fish or wildlife species, cause a fish .
or wildlife population to drop below
,self- sustaining levels, threaten to
eliminate a plant or animal'community,
reduce the number or restrict the
range of a rare or endangered plant
or animal or eliminate important
examples of the major periods of
California history or prehistory?
b. Does the project have the potential to
achieve short -term, to the disadvantage
of long -term, environmental goals? (A
short -term impact on the environment is
one which occurs in a relatively brief
definitive period of time while long-
term impacts will endure well into the
future.)
c. Does the project have impacts which
are 'individually limited, but cumu-
latively considerable? (A project
may impact on two or more separate
resources where the impact on each
resource is relatively small, but
where the effect of the total of
those impacts on the environment is
significant.)
d. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
III. Discussion of Environmental Evaluation
IV. Determination
YES PAYEE
10
1
X
Y
On the basis of this initial evaluation:
PeNj I find that the proposed project COULD NOT have a significant effect
on the environment, and a NEGATIVE DECLARATION will be prepared.
ED I find that although the proposed project could have a significant
effect 'on the environment, there will not be a significant-effect in
this case because the mitigation measures described on an attached
sheet have been added to the project. A NEGATIVE DECLARATION will
be prepared.
0 I find the proposed project MAY have a significant effect on the.
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I - =i
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of
Newport Beach will hold a public hearing on the proposed lease of
spaces within Marinapark. The leases would be granted to existing
tenants and would expire in March, 2000, and provide for increased
rents and the waiver of relocation assistance. A Negative Declaration
has been prepared by the City of Newport Beach in connection with the
foregoing application, which states that the subject development will
not result in a significant effect on the environment. It is the
present intention of the City to accept'said Negative Declaration and
supporting documents (copies are available for public review and
inspection at the City Clerk's Office, 3300 Newport Boulevard, Newport
Beach, CA 92663 (714)644- 3005). The City encourages members of the
general public to review and comment on this documentation.
This is not to be construed as either approval or denial by the City
of the subject application.
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be
held at the hour of 7:30 p.m., on the 9th day of September, 1985, in
the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
CA, at which time and place interested persons may appear and be heard
thereon.
1
WANDA E. RAGGIO, CITY CLERK
City of Newport Beach
NOTICE OF PLJHLIC HEARING
Notice is hereby given that Planning Commission of the CIO of Newport Beach will hold a
public hearing on the application of
for USE PERMIT RESUBDIVISION
VARIANCE AMENDMENT TENTATIVE TRACT MAP OTHER
on property located at
Request
This
it is categorically exempt
NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of
Newport Beach in connection with the application noted above. The Negative Declaration
states that, the subject development will not result in a significant effect on the
environment. It is the present intention of the City to accept the Negative Declaration and
supporting documents. This is not to be construed Is either approval or denial by the City
of the subject application. The City encourages members of the general public to review and
comment on this documentation. Copies of the Negative c1 t' n s orting documents
are available for public review and inspection at the � a . City of Newpork
Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (714) 644-
,( 3005. Ac`
NOTIC, AISAREA FUR'�R /GIVEN ►thatk an EhvironntentaLk Imoadt Rep &rt hasAbeed prenar & its
accept the Environmental Impact ,Report and supporting documents. The City encourages
members of the general public to review and comment on this documentation. Copies. of the
Environmental Impact Report and supporting documents are available for public review and
inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92658 -8915 (714) 644 -3225.
NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the proposed
project have been addressed in a previously certified environmental document, and that the
City of Newport Beach intends to use said document for the above noted project, and further
that there are no additional reasonable alternative or mitigation measures that should be
considered in conjunction with said project. Copies of the previously prepared
environmental document are available for public review and inspection at the Planning
Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California,
92658 -8915 (714) 644 -3200.
Notice is hereby further given that said public hearing will be held on the day of
, at the hour of 7:30 p.m, in the Council Chambers of_ the Newport Beach City
Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all
persons interested may appear and be heard thereon. For information call (714) 644 -3200.
John Kurlander, Secretary, Planning Commission, City of Newport Beach
NOTE: The expense of this notice,is paid from a filing fee collected from the applicant.
e...:ih :' .. ?6d 1C P'. -C Sp -[.. efl L_•'.:;!.,5 .! a: nCecs public
no -sees by J9cree of ;r.e S;:perior Courl of o : sage County,
Calsom,a. N„mher A -6214, Cased 29 Sep!a!, be:, 1961, and
A- 24831, dated 11 June. 1963,
STATE OF CALIFORNIA
County of Orange p„ . A6ry :FnQ {prv�E
m 10 pti. caWmn Mla
I am a Citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the below
entitled matter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which is combined the
NEWS- PRESS, a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange, State of California, and that a
Notice of Public Hearing
of which copy attached hereto is a true and complete
copy, was printed and published in the Costa Mesa,
Newport Beach, Huntington Beach, Fountain Valley,
Irvine, the South Coast communities and Laguna
Beach issues of said newspaper for i time
cVX99M4AXWAMk19 to wit the issue(s) of
August 29
198 5
198_
198_
198_
198_
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on August sc 198 s
at Costa Mesa, California.
Signature
, -,L-,
NOTICE OF
MIBLIC HEARING
NOTICE IS HEREBY
IVEN that the City CWr'dI
Me City of Newport Beech
for
of re-
e. A
M
Is
he Omangp
Augwt 2e,
Th-2es ..
�a