HomeMy WebLinkAboutMarina Park Mobile Home - 5DAMENDMENT AND EXTENSION OF LEASE
This Amendment and Extension of Lease (Amended Lease), entered into this of
day of 4&44, 2000 by and between the CITY OF NEWPORT BEACH, a
municipal co�rpp ration and charter city (City) and .De ff&1-3 & e R G e p, e
(Lessee), is made with reference to the following facts, the materiality and existence
of which is stipulated and agreed by the parties: Z7'dfi 7H %.e R 62 �—g
A. City is the owner, and is in possession and control, of a parcel of real
property, consisting of tidelands and/or uplands, located northerly of Balboa
Boulevard and between approximately 16th Street and 18th Street in
Newport Beach, commonly known as Marinapark, generally described in
Exhibit "A" (Property);
B. The Property 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
Lease by the Mayor;
C. Prior to the effective date of this Amended Lease, and pursuant to a lease
dated March 24, 1976, (hereinafter "1976 Lease"), the City leased 58
mobilehome spaces on the Property pursuant to a standard lease which
would have expired on September 30, 1985, subject to the right of the
Lessee to extend the term for a five (5) year period under certain conditions;
D. Prior to the expiration of the 1976 Lease, the City leased the same 58
mobilehome spaces on the Property pursuant to a lease that would have
expired on March 15, 2000 (1985 Lease) but for this Amended Lease;
E. The City Council finds and declares that this Amended Lease will continue to
preserve an important and unique housing resource and is a benefit to the
citizens of Newport Beach;
F. The Parties acknowledge that, subsequent to the effective date of the 1985
Lease, State Lands Commission staff has discovered evidence that
suggests, but does not establish, that all of the Property consists of
tidelands. The City and Lessee contend that all of the Property leased for
mobilehome residency purposes is uplands owned by the City. The Parties
also acknowledge that they are awaiting a determination by State Lands
Commission staff as to the nature of the Property and that determination
may have a bearing on the types of land uses permitted on the Property.
City and Lessee, or Lessee's representative(s) will continue to cooperate in
good faith to obtain a determination that all or a portion of the Property is
uplands;
G. The Parties also acknowledge that the City has requested interested parties
to submit responses to a Request for Proposal — Marinapark Future
Use/Development (RFP) published in November, 1999. The RFP requests
interested parties to submit proposals for the future use of the Property, the
means by which the proposal would be implemented and the benefits of the
proposal to the City. The City has received eight (8) responses to the RFP
including at least three proposals that propose a continuation of a
mobilehome park use of the Property (Mobilehome Proposals). The
Mobilehome Proposals contemplate the continued use of the Property as a
mobilehome parts;
H. The City Council finds and declares that the terms and conditions of this
Amended Lease comply, and are consistent, with the Charter of the City of
Newport Beach including, without limitation, the provisions of Sections 200
and 1402 of the Charter;
I. The City Council also finds and declares that the provisions of this Amended
Lease are consistent with the plans, policies, rules and ordinances of the
City of Newport Beach. The City Council also finds that this Amended
Lease is consistent with the General Plan and the Land Use Plan of the
Local Coastal Program;
J. The terms and conditions of this Amended Lease are in compliance, 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).
K. The purpose and intent of the Parties is to amend, and extend the term of,
the 1985 Lease to give the City and Lessee an opportunity to resolve issues
related to the ultimate use of the Property while preserving the benefits
accruing to each Party pursuant to the 1985 Lease.
NOW, THEREFORE, the Parties do hereby mutually agree as follows:
1. DESCRIPTION OF PREMISES.
The City leases, and Lessee accepts the lease of, the portion of the Property
described as space ei ,D as shown on Exhibit "A" (Premises).
2. TERM.
The tenancy created by this Amended Lease shall extend the expiration
date of the 1985 Lease from March 15, 2000 to March 15, 2002, unless
earlier terminated in accordance with the terms of this Amended Lease.
3. USE OF PREMISES.
A. The Premises shall be used only for residential purposes, and no business
or commercial activity shall be conducted on the Premises. Permitted
occupants are (i) Lessee; (ii) an additional person if Lessee is living alone;
(iii) family members entitled to occupy the premises pursuant to the
Mobilehome Residency Law; and (iv) short term guests. The term "short
term guest' shall mean any person who does not stay with Lessee for more
than a total of twenty (20) consecutive days or a total of thirty (30) days in
any calendar year. Other persons may occupy the premises with the prior
written consent of the City.
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B. 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 in
the 1985 Lease, and, subject to the provisions of Section 8, Lessee agrees
that 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 residency to the City.
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. CONSIDERATION:
A. Introduction.
The City and Lessee agree that the terms and conditions of the 1985 Lease
and this Amended Lease preserve and protect substantial and important
rights and advantages, economic and personal, that each Party would not
otherwise be entitled to receive. These economic and personal rights and
benefits are the consideration for the 1985 Lease and this Amended Lease.
The more important rights and benefits gained and given up by each Party
are specified in this paragraph and the Parties agree that, like the 1985
Lease, this Amended Lease should be interpreted such that each party
receives the benefits and advantages identified in this paragraph.
B. Consideration to Lessee.
(1) As consideration for Lessee's approval of this Amended Lease, City
commits to maintain the Property as a mobilehome park until March
15, 2002.
(2) Additional consideration for Lessee's approval of this Amended
Lease is the right to occupy the Premises subject to the payment of
below market rent as specified in the 1985 Lease and continued in
this Amended Lease, and limitations on timing and amount of future
rental increases.
(3) As additional consideration, this Amended Lease supplements the
benefits of the 1985 Lease relative to the value and transferability of
Lessee's interest.
(4) As additional consideration, Lessee obtains the City's commitment
not to close the mobilehome park on, or shortly after, March 2000 as
contemplated by the 1985 Lease as well as City's commitment to
fairly consider the Mobilehome Proposals. Lessee also obtains City's
commitment to cooperate in good faith with any organization
representing a majority of lessees of mobilehome spaces on the
Property in an effort to obtain a determination from the State Lands
Commission that the Property is uplands.
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C. Consideration to City.
As consideration to the City, Lessee agrees and acknowledges that City
may convert Marinapark to a different use upon expiration of this Amended
Lease, or shortly thereafter. Lessee agrees that if City chooses to close the
mobilehome park on the Property it may do so without obligation to pay
relocation benefits, or provide other forms of relocation assistance. Lessee
acknowledges that the terms of the 1985 Lease and this Amended Lease
constitute full and adequate mitigation of any adverse impact on Lessee of
any conversion of the Property to a non-mobilehome use, and the extended
term of the 1985 Lease and this Amended Lease gives Lessee sufficient
time to secure replacement space in another mobilehome park or other
alternative housing. Accordingly,
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:
(1) THIS LEASE OR ANY FUTURE TENANCY;
(2) THE ULTIMATE TERMINATION OF LESSEE'S TENANCY
PURSUANT TO THE 1985 LEASE OR THIS AMENDED
LEASE OR THE TERMINATION OR EXPIRATION OF ANY
SUBSEQUENT TENANCY HOWEVER CREATED;
(3) THE CONVERSION OF THE PREMISES TO ANY USE
OTHER THAN A MOBILEHOME USE.
(4) THE DISPLACEMENT OF LESSEE' FROM HIS AND/OR
HER PRIMARY RESIDENCE;
(5) ANY FEDERAL, STATE OR LOCAL LAW, PLAN & POLICY
OR RULE WHICH RELATES TO SUCH DISPLACEMENT,
OR REQUIRES 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 MATERIALLY AFFECTED THE
SETTLEMENT WITH THE DEBTOR,"
RELEASES ALL CLAIMS OR LOSSES, WHETHER
KNOWN, UNKNOWN, FORESEEN OR UNFORESEEN,
WHICH LESSEE MAY HAVE AGAINST CITY. LESSEE
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UNDERSTANDS AND ACKNOWLEDGES THE
SIGNIFICANCE AND CONSEQUENCE OF THIS RELEASE
AND OF THIS SPECIFIC WAIVER OF SECTION 1542 AND
ASSUMES FULL RESPONSIBILITY 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
AMENDED LEASE AND LESSEE, IN EXECUTING THIS
RELEASE, HAS NOT RELIED UPON ANY INDUCEMENTS,
PROMISES OR REPRESENTATIONS MADE BY CITY OR
ITS OFFICERS OR EMPLOYEES, OTHER THAN THE
COMMITMENTS AND COVENANTS CONTAINED WITHIN
THIS LEASE.
D. Provisions related to Consideration
(1) Lessee agrees that City's right to convert the premises to a non-
mobilehome use may be required if the Property is determined to be
tidelands and that the City Council has the right, after due
consideration of the Mobilehome Proposals, to terminate the
mobilehome use after compliance with applicable law.
(2) This Amended Lease constitutes notice that City reserves the right to
physically convert the Premises to a non-mobilehome use on or
about March 16, 2002.
(3a) Upon expiration of the term of this Amended 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.
(3b) Notwithstanding subsection (3a) above, City agrees to assume
responsibility for costs of removal and disposal of the mobilehome
located on the Premises, provided that on or before January 15,
2002, Lessee provides City written notification of Lessee's desire to
abandon the mobilehome and transfers all title and interest in the
mobilehome clear of all liens and encumbrances to City on or before
March 15, 2002.
(4) If, subsequent to the expiration of this Amended 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
Amended Lease. The provisions of this Subsection shall not impair,
alter or diminish any commitment or obligation undertaken by City in
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conjunction with the consideration of the Mobilehome Proposals. The
Mobilehome Residency Law currently obligates the City to offer a
twelve (12) month lease or a lesser term If requested by Lessee.
5. RENT.
Le see shall pay as rent, without deduction or offset, on the 1st day of,
RSL 0,0 and on the first day of each month thereafter during
the term of this lease, the sum of % 96-2 > 6d
The monthly rental shall be subject to adjustment as of October 1, 2000 and
October 1, 2001. 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 authoritative 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 Amended Lease constitutes the
ninety (90) day written notice of rental increases by the Mobilehome
Residency Law and Lessee acknowledges that no additional written notice
need be given by City; provided, however, City may provide Lessee with
ninety (90) 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.
Lessee acknowledges that this Amended Lease may create a possessory
interest subject to property taxation and that Lessee may be subject to the
payment of property taxes levied on such interest. Lessee shall pay, in
addition to rent and before delinquency, all taxes, assessments, license fees
and other charges (Taxes) that are, during the Term, levied or assessed
against Lessee's interest in the premises pursuant this Amended Lease or
any personal property installed on the premises.
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S. RELEVANT STATUTES AND RULES.
The Mobilehome Residency Law requires this Amended Lease to contain,
among other things, the rules and regulations of Marinapark 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 Amended 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 thirty five dollars ($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, or prevent City from exercising any of
the rights or remedies granted by this Amended 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 applicable 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 following:
A. Lessee must give notice of the sale or assignment to City prior to close of
escrow.
B. 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 this Amended Lease.
C. Lessee agrees that occupancy of the Premises shall be limited as provided
in Section 3 and Lessee agrees not to sublease or otherwise transfer any
partial interest in this Amended Lease. The requirement that the Premises
constitute Lessee's primary residence shall not apply to any purchaser or
transferee of Lessee provided the purchase or transfer occurs on or after
March 16, 2000 and the purchaser or transferee complies with the
provisions of this Subsection.
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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 tenancies, the transferee
will not comply with the Rules and Regulations of Marinapark (Exhibit "B").
E. City shall not approve any transfer or assignment of any interest in this
Amended Lease that would permit the installation of any mobilehome or
structure that exceeds twelve feet in height.
F. Should Lessee, during the term of this Amended Lease, elect to sell or
assign its interest in this Amended 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 sell or assign Lessee's Interest in this Amended Lease, subject to the
terms and conditions of this Amended Lease.
G. Notwithstanding any other provision in this Amended Lease, Lessee shall
have the right to assign its interest in this Amended Lease to a spouse, son
and/or daughter without any requirement that City be given the right of first
refusal to acquire the interest, 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 Amended Lease, including, without limitation,
the waiver of relocation assistance.
9. UTILITIES.
A. The City shall not provide electricity or telephone 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 charge to
Lessee for such service shall be based on the charges paid by Lessee as of
February 1, 2000. Charges for gas and water service shall be increased or
decreased on the first day of October, 2000, and on the first day of October
2001.
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 thirty five dollars ($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
event, City shall post rates charged by the appropriate utility in a
conspicuous place.
E. City shall not be liable for any loss, damage or injury and Lessee shall not be
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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, breakage,
repairs, maintenance, or any other cause beyond the reasonable control of
City.
10. CONSIDERATION OF MOBILEHOME PROPOSALS
City commits to consider the Mobilehome Proposals relative to the use of
the Property on the same terms and conditions, and using the same criteria,
as other proposals submitted in response to the RFP. City and Lessee
agree that the City Council shall have sole and complete discretion to accept
any, or none, of the Proposals, including Mobilehome's Proposal, submitted
pursuant to the RFP. City and Lessee also agree that the City Council has
the sole and complete discretion to select portions of any proposal or
combine aspects of more than one proposal in making a final decision on
the ultimate use of the Property. Lessee acknowledges that a determination
that the Property is tidelands will, in the absence of State legislation, require
City to terminate the mobilehome use of the Property. City agrees to
cooperate, in good faith, with an organization comprised of a majority of
lessees of spaces on the Property to obtain a determination from the State
Lands Commission that the Property is uplands.
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 feet (3) 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 Amended
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
Amended Lease include the nonexclusive right to use all of the common
areas and common facilities located within Marinapark, such as streets,
nonrestricted parking areas, laundry facilities, restrooms and showers
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 Amended Lease
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
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Section 9, and the maintenance of all common areas and common facilities
in good condition.
It is the responsibility of the management to provide and maintain physical
improvements in the common facilities in good working order and condition.
In the case of a sudden or unforeseeable breakdown or deterioration of
these improvements (failure), the management shall have a reasonable
period of time to repair the failure after City knows or should have known of
the failure. For purposes of this Section a reasonable period to repair the
failure shall be as soon as possible in situations affecting a health or safety
condition, and shall not exceed thirty (30) days in any other case except
where exigent circumstances justify a delay.
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 or services to be provided, after complying with the provisions
of the Mobilehome Residency Law and other applicable law. The right to
amend the terms of this Amended 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
Amended Lease, specifying the term of the Amended Lease or the rent to be
charged unless those changes or amendments are permitted by other
provisions of this Amended Lease.
14. RIGHT OF ENTRY.
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
repair efforts. The City also reserves the right to enter the premises for other
purposes as specified In the Mobilehome Residency Law.
15. HOLD HARMLESS.
Lessee covenants to 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
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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 premises or caused by or arising out of
any activities or omission of Lessee, or Lessee's agents, employees,
licensees and/or invitees, including, without limitation, injury or death of
Lessee, or Lessee's 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 sole negligence, fraud or willful misconduct of City, its
officers, agents, or employees.
Lessees, as a material part of the consideration under this Amended 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 physical damage while the mobilehome remains on the
Property, unless caused by the negligence, fraud or willful misconduct of
City's agents, officers or employees. Lessee agrees 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 in or on the mobilehome
arising from 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 proximity of the
premises to lower Newport Bay, and not the value of the structural
improvement, Lessee, in addition to the other commitments 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/her mobilehome and other property
from the Property.
16. TERMINATION.
A. Lessee may terminate this Amended 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 and all other improvements, from the premises.
B. The City may terminate this Amended 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 subparagraph B, the City reserves the
right to terminate this Amended 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 portions
of the Property that constitute State tidelands, 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
excessive when viewed in light of the highest and best use of the Property.
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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.
17. ATTORNEYS' FEES.
Should either City or Lessees be required to employ counsel to enforce the
terms, conditions and covenants of the 1985 Lease or this Amended 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
Amended 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 exercise
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, covenants, agreements,
restrictions or conditions of this Amended 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 Amended Lease.
20. COMPLIANCE WITH LAWS.
Lessee covenants and agrees 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 premises and/or the Property; and Lessee further agrees to comply
with all the Rules and Regulations of Marinapark.
The California Department of Justice, sheriffs departments, police
departments serving jurisdictions of 200,000 or more and many other local
law enforcement authorities mail for public access a date base of the
locations of persons required to register pursuant to paragraph (1) of
subdivision (a) of section 290.4 of the Penal Code. The data base is
updated on a quarterly basis and a source of information about the presence
of these individuals in any neighborhood. The Department of Justice
maintains a Sex Offender Identification Line through which inquiries about
individuals may be made. This is a "900" telephone service. Callers must
have specific information about individuals they are checking. Information
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regarding neighborhoods is not available through the "900" telephone
service.
21. MOBILEHOME RESIDENCY LAW/ZONING AND USE PERMIT
INFORMATION:
A. Lessee acknowledges having received and read a copy of the 1985 Lease
or this Amended Lease, the provisions of the Mobilehome Residency Law
(Exhibit "C") as presently constituted, and the Marinapark Rules and
Regulations (Exhibit "B").
B. The Property is currently zoned unclassified
use permits or other permits required to
mobilehome park. The City of Newport Beach
the extent the property is determined to be
public trust applicable to tidelands.
22. ENTIRE AGREEMENT.
and there are no conditional
operate the Property as a
owns the Property except to
tidelands and subject to the
This Amended Lease and the documents referred to in this Amended Lease
represent the entire agreement between City and Lessee.
23. NOTICES.
All notices and other communications shall be in writing, shall be sent by first
class registered mail or certified United States mail, postage prepaid, and
shall be deemed completed at the expiration of seventy-two (72) hours after
the day of mailing addressed:
A. To Lessor:
City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA, 92658
With a copy to:
City Clerk's Office
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA, 92658
or at such other addresses as Lessor shall have furnished to Lessee; and
B. To Lessee:
By delivering a copy to the Lessee personally;
13
C. If Lessee be absent from the mobilehome, by leaving a copy with some
person of suitable age and discretion who may be occupying the
mobilehome: or
D, 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.
E. All other provisions of the Lease shall remain in force and effect with their
original form.
24. EFFECTIVE DATE
The Parties agree that the effective date of this Amended Lease is March
15, 2000 whether executed before or after that date.
IN WITNESS WHEREOF, the parties have caused, this Lease to be executed the
day and year first above written.
LESSEE
By:
By: \�
1QVK7.\S '?Xeb\ir`J?.
F9,7t� 7�.teqqQ—
INVE ACKNOWLEDGE AND AM/ARE AWARE OF THE PROVISIONS OF THIS
AMENDED LEASE INCLUDING THE RELEASE AND WAIVER PROVISIONS OF
SECTION 4
CITY OF NEWPORT BEACH
a municipal corporation.
gy: �6✓
Homer gludau,
City Manager
APPROVE S TO FORM:
By:
RV
� L. Clauson
Assistant City Attorney
14
LEASE
This Lease, entered into this �cL day o�
1985 by and between the CITY OF NEWPORT BEACH, a mum cipal corpo-
ration a carter i t y / (hereinafter "City")
and v (hereinafter
"Lessee"), is,made with referen a 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 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 111976 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-
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
cOhsisting 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
-2-
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 PREMI
The City leases, and Lessee accepts the lease of, the
property described as space 5D as shown on the plot plan,
attached as Exhibit "A", (hereinafter "Premises").
2. TERM.
The tenancy created by this Lease shall conrnence 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.
-3-
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
-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 Un 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-
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
ff-M
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 1st day of October, 1985, and on the first day of
each month thereafter during the term of this lease, the sum of
$550.00, 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 $578.00, 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 $607.00 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 following:
A. Lessee must give notice of the sale or assignment
to City prior to close of escrow;
B. 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 tenancies, the transferee
will not comply with the rules or regulations of Marinapark
(Exhibit "B").
E. 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 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 18550, 18552 and 18605
of the Health & 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, 1971, 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 &
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.
F. Should Lessee, during the term of this Lease,
elect to sell 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
me
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
event, City shall post rates charged by the appropriate utility
in a conspicuous place;
-10-
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.
0`he 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 common areas and common facilities located within
Marinapark, such as streets, nonrestricted parking areas, recrea-
tional facilities and equipment, 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 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.
14. RIGHT OF ENTRY.
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. The City also reserves the right to enter the
premises for other purposes as specified in the Mobilehome
Residency Law.
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
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
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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.
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-
cise any other.
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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. 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
Law (Exhibit " C 11) as presently constituted, and the Marinapark
Rules and Regulations (Exhibit "B fl).
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.
22. 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.
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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.
IN WITNESS WHEREOF, the parties have caused this Lease to
be executed the day and year first above written.
APP VED AS TO FORM:
City Attorney
CITY OF NEWPORT BEACH
a municipal corporation
B
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LESSEE:
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EXHIBIT "A"
NEWPORT MARINAPARK
RULES AND REGULATIONS
The following Rules and Regulations are
established
pursuant to Paragraph 13 the Newport Marinapark Master 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 and shall have a Marinapark sticker
attached to
rear bumper. Two stickers will be issued to each
Mobile Park
Homeowner. Registered guests of the tenants shall
park only as
follows: (Tenants shall inform their guests of speed
limits,
Parking Regulations and TOW -AWAY signs).
A. Registered guests' parking area;
B. Tenants expecting guests shall
advise the
Manager in advance.
C. Guest parking shall be assigned by the Manager
only.
D. Guests will be limited to no more than two
cars on holidays and weekends.
E. All guests must register, on arrival, at the
office for Parking Permits.
F. Failure to obtain Parking Pass, guests' cars
are subject to TOW -AWAY.
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. MOTORCYCLES, POWERED SCOOTERS, SKATE BOARDS, ROLLER
SKATES AND BICYCLES. No motorcycles, powered scooters, skate
boards or roller skates allowed to be used within Marinapark at
any time or any place. Bicycles okay on 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. Construction must meet with all uniform
building codes - state, county and city.
B. Removal of waste products (lumber scraps, saw
dust, etc.)
C. Maintaining their leased areas in a clean and
sanitary condition.
D. Stopping any excessive noise caused by
construction machinery--(unmuffled gasoline engines, smoke or
fumes, etc.)
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7. LAWNS AND PATIOS. Tenants shall not leave water
hoses, boats, clothing, beach toys, surfboards, 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. Do not use lawn hydrants to wash
sand off. An outside shower is provided for this purpose and is
located opposite the ladies rest room.
9. RESTROOMS AND LAUNDRY ROOM. These 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 7:00 P.M. Clogged
drains, defective dryers, etc., or any irregularities should
immediately be reported to the Management. All facilities must
be left clean after use. Clothes shall be removed from the
laundry room 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; also children in this age group are
prohibited from playing in and around these areas. Children,
under eighteen (18) years of age, shall not be left unattended in
trailer or trailer space. An adult must be in attendance at all
times.
11. SHRUBS. Tenants are responsible for weed removal
and maintenance of 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 mailbox daily for any
phone messages and packages delivered to the Marinapark Office.
They will not be delivered to trailers, except in extreme
emergencies.
14. TRAILERS. Trailers are to be equipped with current
license plates and license stickers as required by State law.
15. GARBAGE AND TRASH. All garbage and refuse must be
placed in proper containers provided by the Park for this
purpose. Put trash only in the large bins. If you have fish to
dispose of, put in plastic trash bags properly secured.
16. MARINAPARK BUSINESS HOURS. 8:00 A.M. to 12:00 P.M.
and 1:00 P.M. to 5:00 P.M., weekdays. Weekends and holidays our
Attendant will be on duty for your convenience from 9:00 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 agreement.
18. DOMESTIC HELP. Domestic help must not remain
overnight except when tenant is in occupancy.
19. COMPLAINTS. Any tenant desiring to register a
complaint with the office must put the complaint in writing and
sign it in order for management to act upon the complaint.
20. GUESTS. All guests who are occupying trailers
during absence of tenant must register at the office during
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business hours. Lessee agrees that the Park Manager has the
right to determine whether the park facilities can accommodate
all the tenants and guests in the Park and, therefore, may at his
discretion refuse a guest permission to stay. In no event will a
guest be allowed to stay in the Park for an unreasonable length
of time.
21. NEW CONSTRUCTION. All mobilehome, cabanas,
porches, skirtings, ramadas, awnings, storage cabinets, fences,
or other structures must be approved by the Park Manager before
construction or installation.
22. MOBILEHOME WIDTH. No mobilehome, including cabana,
shall exceed a width of twenty-four (24) feet. Landscaping
located adjacent to mobilehomes shall be limited to three (3)
feet in height and width and shall not obstruct another tenant's
view.
23. CHILDREN AND ADULT SECTION. Marinapark is divided
into an adult section and a children's section as depicted in
Exhibit "A" of the Lease Agreement. Permanent residency in the
adult section is limited to adults only. Children, persons under
eighteen (18) years of age, are permitted in the adult section
only as visitors and only on a temporary basis (not more than a
few days at a time).
Lessees 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
an individual Lessee's family during the term of this Lease, if
Lessee is located 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.
24. 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.
25. OUTSIDE APPEARANCE. Patio furniture and one
storage cabinet are the only items permitted outside the
trailer. No towels, bathing suits, rugs, wearing apparel or
laundry of any description may be hung outside of trailers.
26. CALIFORNIA CIVIL CODE PROVISIONS RELATIVE TO
MOBILEHOME PARK RESIDENCY. Pursuant to the California Civil Code
Section 789.9, you are hereby notified and advised of the
following Civil Code Sections:
"Section 789.5(a)
Termination of Tenancy or other estate at will
or lease in mobilehome park; notice; manner;
waiver; void.
(a) No tenancy or other estate at will
or lease, however created on or after the
effective date of this section, in a
mobilehome park may be terminated except upon
the landlord's giving notice in writing to the
tenant, in the manner prescribed by Section
1162 of the Code of Civil Procedure, to remove
from the premises within a period of not less
than 60 days, to be specified in this
notice. No lease shall contain any provision
by which the tenant waives his rights under
this section, and any such waiver shall be
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deemed contrary to public policy and shall be
unenforceable and void. However, any lease
may provide that the tenancy may be terminated
upon the landlord's giving notice in writing
to the tenant, in such prescribed manner, to
remove from the premises within a period of
not more than 60 days, to be specified in the
notice."
"Section 789.6
Restriction on termination of tenancy, etc. in
mobilehome park; space for purchaser of
mobilehome from owner of park
Notwithstanding the provisions of Section
789.5, a tenancy or other estate at will or
lease in a mobilehome park may not be
terminated for the purpose of making the
tenant's space in the park available for a
person who purchased a mobilehome from the
owner of the mobilehome park or his agents."
"Section 789.7 Fees
The owner of a mobilehome park or his agents
shall not charge any fees to tenants other
than charges for rent, utilities, or
incidental reasonable service charges."
"Section 789.8
Mobilehome park; entry charge or transfer or
selling fee; prohibition
There shall be no entry charge as a
condition of tenancy in a mobilehome park, nor
shall there be any transfer or selling fee as
a condition of sale of a mobilehome within a
mobilehome park, even if such mobilehome is to
remain within the park, if the park management
performs no service in the sale of the
mobilehome."
27. NO SUBLETTING OF LEASED SPACES. Mobilehome owners
shall not rent or sublease their mobilehomes without express
written permission from the Newport Beach City Manager or
Marinapark Manager.
28. RENTAL DUE. All space rents are due on the first
day of each month. Rents received after the 10th day of the
month at the Marinapark Office, is subject to a late fee as
stated in Paragraph 7 of the Lease Agreement.
29. SLEEPING IN CARS PROHIBITED. Sleeping in cars or
recreational vehicles in Marinapark is prohibited.
These Rules and Regulations may be revised, amended or
modified by lessor from time to time during the term of this
lease or conditions warrant. Any such revision, amendment or
modification of these Rules and Regulations shall be effective
when posted in the office of Marinapark.
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