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HomeMy WebLinkAbout5252 - Marinapark Lease FormWWCBmec 6/3/60 RESOLUTION NO. 5252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A LEASE FORM FOR MARINAPARK WHEREAS, the City Council has heretofore approveda lease form for use in leasing the spaces in Marinapark by Resolution No. 4520 on July 23, 1956; and WHEREAS, the City Council revised said lease form by Reso- lution No. 5098 on September 28, 19599 and WHEREAS, a new proposed lease form has been prepared, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof; and WHEREAS, the City Council has reviewed said form and found it acceptable and wishes to approve the same and to authorize the City Manager or an employee of the City designated by the City Man- ager to execute said leases on behalf of the City; NOW, THEREFORE, BE IT RESOLVED that the lease form attached hereto be and the same is hereby approved and that the City Manager or an employee designated by him be and each is hereby authorized to execute leases in the form attached hereto on behalf of the City as lessor of the City -owned Marinapark. ADOPTED this 24th day of AT ^T,EST° City Clerk 196 WWC.mec 6/3/60 CITY OF,NEWPORT BEACH TRAILER PARK RENTAL AGREEMENT AND REGULATIONS The City of Newport Beach, hereinafter referred to as "lessor ", does hereby lease to the undersigned lessee the trailer space number , which is more particularly shown on a map entitled "Plot Plan Marinapark ", dated June 13, 1960, attached hereto and made a part hereof, in the City ®s trailer park, referred to as "NEWPORT MARINAPARK", Newport Beach, California, for the term and at the rent, and upon the terms, conditions and regulations. as are hereinafter set forth, to wit. 1. LESSOR - MEANING. It is mutually understood by the parties hereto, for the purposes of enforcement of the provisions of this lease, the word "lessor" means the City Manager of Newport Beach, or his duly designated agent. 2. TRAILERS AND CABANAS. All trailers, cabanas and any other structures or enclosures shall comply with state and local laws and shall be kept in good repair. No improvements of any kind shall be made by lessee without first submitting plans and obtain- ing the written approval of such plans by lessor. In addition to architectural features, such plans shall show color schemes. 3. LOT MAINTENANCE. Lots will remain under direct con- trol of the lessor. Patio furniture and one storage chest are the only items permitted outside the trailer. No laundry shall be hung outside of trailers. All landscaping, planting and fencing of yards shall be only with lessor °s prior written approval. Fencing and planting left by preceding tenants shall belong to lessor. Lessee shall be responsible for the orderly maintenance and upkeep of his trailer lot. 4. RESPONSIBILITY. The lessor is not responsible for loss due to fire, theft or accident. 5. ASSIGNMENTS AND SUBLEASES. Trailer spaces are non- transferable, except where in the judgment of the lessor permanent type improvements have been constructed on the site. Lessor may, at its option, agree only in writing'to an assignment of the lease • covering such trailer space. Trailers may not be sublet without . written permission of the lessor. 6. USE. The leased premises shall be used solely for trailer park purposes. Lessee agrees to comply with all laws, regulations and ordinances of the city, county and state affecting the leased premises and improvements thereon, and lessee's trailer and other property. 7. GUESTS. The trailer space is herein leased for not to exceed persons, and for each person in excess of said number lessee agrees to pay lessor $ per day or fraction thereof. 8. UTILITIES. Lessee shall make arrangements for elec- tric service and telephone service directly with the utility compa- nies furnishing the same. Lessor shall furnish water to lessee for use on the trailer lot. Should lessee use an abnormal amount of water or waste water or permit water to be wasted by occupants or guests of his trailer, a reasonable charge, the amount of which shall be determined by les- sor, may be made by lessor for such water. Lessee shall pay a flat amount per month if gas service is provided to the trailer lot covered by this lease. (a) If occupancy of the trailer occurs on weekends only or less often, lessee shall pay Two Dollars ($2.00) per month to lessor for gas. (b) In all other instances, lessee shall pay Four Dollars ($4.00) per month to lessor for gas. 9. TERM. The term of this lease is for the period of M, commencing on the day of , 19 , and ending on the day of , 19 10. RENT. During the term of this lease, lessee agrees to pay to the lessor as rental for said premises, the aggregate sum of $ payable in equal monthly installments in the amount of $ per month, commencing on the day of 2. into an adult section and a children's section as is particularly shown on the attached map of the park. Permanent residency in the adult section is limited to adults only. Children are permitted in the adult section only as visitors and only on a temporary basis (not more than a few days at a time). Lessee shall not permit children to occupy the trailer or space hereby leased in the adult section except as hereinbefore specifically permitted. In the event one or more children become members of les- see s immediate family during the term of this lease if the same is of space in the adult section, then this lease and all lessee's rights hereunder shall terminate at the end of the month during which such event happens. (Child or children for the purpose of this subparagraph is any person or persons under the age of eighteen (18) years.) (b) Lessee °s Liability Property Damage. Responsibility for the acts of children or guests of lessee rests with lessee. MLessee agrees to pay for any damages to City property or property of other tenants caused by the negligent act or willful misconduct of his children or guests. (c) Amendment. The City Council may at any time by resolution amend or add to the regulations set out above in sub- paragraphs (a) and (b). 3. , 1S , and thereafter on the day of each month throughout the term of this lease. Lessor acknowledges receipt of the sum of $ as rent for the first and last �• months' rent of the term hereof. A five per cent (5 %) discount will be permitted if one year °s rent is paid in advance. 11. TAXES. Lessee agrees to pay when due all taxes as- sessed upon his personal property. 12. REGULATIONS. Lessee hereby agrees to abide by and be bound by the regulations hereinafter set for't'h or attached and which may be amended from time to time as provided. (a) Children m Adult Section. Marinapark is divided into an adult section and a children's section as is particularly shown on the attached map of the park. Permanent residency in the adult section is limited to adults only. Children are permitted in the adult section only as visitors and only on a temporary basis (not more than a few days at a time). Lessee shall not permit children to occupy the trailer or space hereby leased in the adult section except as hereinbefore specifically permitted. In the event one or more children become members of les- see s immediate family during the term of this lease if the same is of space in the adult section, then this lease and all lessee's rights hereunder shall terminate at the end of the month during which such event happens. (Child or children for the purpose of this subparagraph is any person or persons under the age of eighteen (18) years.) (b) Lessee °s Liability Property Damage. Responsibility for the acts of children or guests of lessee rests with lessee. MLessee agrees to pay for any damages to City property or property of other tenants caused by the negligent act or willful misconduct of his children or guests. (c) Amendment. The City Council may at any time by resolution amend or add to the regulations set out above in sub- paragraphs (a) and (b). 3. (d) Additional Regulations. In addition to the forego- ing regulations, this lease is expressly made subject to all of the • rules and regulations of Marinapark promulgated by lessor, a copy • of which is attached hereto and made a part hereof. Lessee agrees to obey and abide by said rules and regulations and any failure to do so shall constitute a breach of this lease. Said rules and regulations may be revised, amended or altered by lessor from time to time during the term of this lease as conditions require. Any such revision, amendment, or alteration of said rules and regulations shall be effective when posted in the office of Marinapark. 13. USE OF NAME OR ADDRESS OF PARK. This park or its name or address shall not be used for the purpose of advertisement or sale of automobiles, trailers or merchandise, or for any other commercial purpose except with the specific written consent of the lessor. 14. REMOVAL OF TRAILER. Trailers are not to be removed without first securing the written consent of the lessor. 15. DEFAULT. Upon failure of lessee to comply with any of the covenants, conditions, rules and regulations hereof, then lessor may at its option, but without being obligated therefor, do or perform any act to correct any default, and the reasonable costs thereof shall be immediately due from lessee to lessor as additional rent hereunder. 16. TERMINATION. If lessee or any other occupant of lea® see °s trailer site fails to comply with the terms, covenants, condi- tions, rules and regulations as herein set forth, lessor'shall have the right to terminate this lease by first giving lessee three (3) Mdays' written notice thereof. It is agreed that placing or posting of any notice to lessee at any place upon the leased trailer space shall be equivalent to personal notice upon said lessee. In the event it is necessary to engage the services of an attorney to enforce any of the terms and/or conditions of this 4. agreement, lessee agrees to pay lessor reasonable attorney fees and costs. 17. ABANDONMENT OF IMPROVEMENTS. Any and all improve® • ments, including cabanas, left remaining on said trailer site at the expiration of this lease or sooner termination thereof as herein provided or by abandonment thereof by the lessee, shall belong to and be the property of the lessor. 18. OPTION. Lessee shall have the option to renew this lease upon the same terms and conditions herein contained, or upon the terms and conditions that appear in a lease form hereafter adopted by the City Council to replace this form and be used for leasing the trailer spaces in Marinapark, with the exception of rental price. Said rental price upon renewal shall be determined at the discretion of the City Council of Newport Beach, but will be comparable to rentals for similar trailer sites in the immediate vicinity within the Newport Marinapark. Lessee must give to les- sor notice in writing of his intent to exercise his option at least sixty (60) days before the expiration date of said lease. DATED , 19 Lease form approved by City Council June +87, 1960 20 CITY OF NEWPORT BEACH By Manager, MARI FARK 5. "Lessor" "Lessee" 9• CITY OF NEWPORT BEACH a w o q M 1+ N w O N U y 6 — p— o M .+ q .+ w u '+ u U to D +I — _ $4 q fA O q ,4 u0 w u .+ d U 03 O Pq q M urn w u U y � O N U o q y ,4 u ao w M u v m A _ — q w q o .+ u n two u v � to O PQ q 14 4A o w u U ii 6 — — F C U PO V4 q N u Ln u to w v � — o - pq ++ ,t w u U N n �' O q 14 V cn w u 6 v y o w q .,4 w d 4 uw v vi C 4 _ _ C pq q u d U CITY OF NEWPORT BEACH MARINAPARK RULES AND REGULATIONS The following Rules and Regulations are established pursuant to Paragraph 12(d)of the Marinapark lease agreement: 1. FIRES Open fires on the beach area adjacent to Marinapark are prohibited. • • 2. TRAFFIC. All drivers are required to observe the traffic regulation signs posted in the Park. The maximum speed limit for any vehicle is 10 MPH. 3. PARKING Each tenant shall park in the space assigned to him. Guests of tenants shall park onlg as follows: a� a. In the guests' parking area b. On the street c. In the parking space of the tenant they are visiting 4. NOISE No unnecessary noises(loud radios, televisions, etc.) between the hours of 10 :00 P. M. and 8 :00 A. M. No disturbing noises at any time. 5. ROLLER SKATES Roller skating is not permitted anywhere in the Park. Bicycles, skooters, etc., are prohibited on the promenade and middle and rear walks; use rear drive only. 6. CONSTRUCTION Construction, either by tenants or their contractors, is prohibited on Sundays and holidays and is permitted on other days only between the hours of 8 :00 A. M. and 5 :00 P. M. During and on completion of construction, tenants shall be responsible for the following: a. Removal of waste products(lumber scraps, saw dust, etc.) b. Maintaining their leased areas in a clean and sanitary condition c. Stopping any excessive noise caused by construction machinery (unmuffled gasoline engines, etc.) 7. LAWNS AND PATIOS Tenants shall not leave water hoses, beach toys, bicycles, etc., on the grass or patio areas. 8. SAND Tenants and guests are required to wash sand off their bodies and bathing suits before entering showers, rest rooms, or laundry facilities. An outside shower is provided for this purpose and is located opposite the ladies' rest room. 9. REST ROOMS AND LAUNDRY ROOM The public conveniences in Marinapark are maintained as a part of your home. Your cooperation in keeping them clean and sanitary is expected. Washing and drying hours are 7:00 A. M. to 500 P. M. Clogged drains, defective driers, etc., and any irregularities should immediately be reported to the Manager. All facilities must be left clean after use. Clothes shall be removed from the laundry lines as soon as they are dry. Responsibility for maintenance of private utilities rests with tenants. 10. CHILDREN Children under six(6)years of age are not permitted in service rooms, toilets, or showers unless accompanied by an adult. Children are prohibited from playing in and around these areas. M11. SHRUBS Tenants are responsible for weed removal and mainenance of lawns, flowers, and other shrubs in their own spaces. Use of the area under trailers for storage purposes is prohibited.. 12. PETS No pets are allowed in Marinapark. Instruct your guests not to bring dogs or cats with them when they visit you. 13. PHONE CALLS Check your mail box daily for any phone messages. They will not be delivered to trailers, except in emergencies. 14. TRAILERS Trailers are to be equipped with wheels and tires, as required by State law. • 15. GARBAGE AND TRASH All garbage and refuse must be separated and placed in the • proper containers provided by the Park for this purpose. Put trash only in the larger cans. 16. MARINAPARK BUSINESS HOURS 8 :00 A. M. to 5 :00 P. M. 17. VIOLATIONS OF LAW Violations of law will not be tolerated. Violations by a tenant,or any guest of a tenant, will be deemed a breach of the lease. Allen G. s 11 Da e Marinapark Manager I 0• STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 5252 was duly and regularly adopted, passed, and approved by the City Council of adjourned the City of Newport Beach, California, at a regular /meeting of said City Council held at the regular meeting place thereof, on the 20th day of June 19 60 by the following vote, to wit: AYES, COUNCILMEN: Kingsley, Atkinson, Cook, Stoddard, Hart, Lorenz, Somers NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Dated this 21st day of June 19 60 City C1erT an d T;x-Utticio Clerk of the City Council, City of Newport Beach, State of California.