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HomeMy WebLinkAboutD-6 - Marina Mobilehome Park Alternate UsesCOUNCIL AGENDA N0.7) '16� CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER September 9, 1985 BY THE CITY COUNCIL CITY OF NEWPORT BERCH TO: MAYOR AND CITY COUNCIL SEP 91985 FROM: Marinapark Mobilehome Ad Hoc Committee , a SUBJECT: MARINA MOBILEHOME PARK ALTERNATE USES �TT INTRODUCTION: On January 23, 1984, the Newport Beach City Council received a request from the President of the Marinapark Homeowners Association to create a City Council Ad Hoc Committee to study the future uses at the Marina Mobilehome Park. If the future use is to include a mobilehome park, the owners requested permission to negotiate with the Committee the extension of the current leases. On Febru- ary 28, 1984, the City Council adopted Resolution No. 84 -15 creat- ing a Marinapark Mobilehome Ad Hoc Committee and charged this Committee with the responsibility of meeting with the representa- tives of the Marinapark Homeowners Association to review and make recommendations back to the City Council on the future use of the mobilehome park area. The Committee was to also interview representa- tives of the Parks, Beaches and Recreation Commission and other groups as necessary to complete the Committee's assignment. The Resolution appointed the Manager's Office as staff to the Committee. The Committee has met fourteen times since February, 1984 and has received presentations by representatives of the Parks, Beaches and Recreation Commission, by the Marinapark Mobile Home representa- tives, and by other interested groups and individual residents. On November 26, 1984, the Committee submitted a status report to the City Council and reviewed all of the alternatives studied by the Committee. The alternatives were 1) maintain the area substantial- ly as currently developed with Marinapark rents being fixed by a new and current appraisal; 2) Eliminate the Marinapark Mobile Homes and replace with public picnic areas, viewing facilities, and public parking facilities; and 3) redevelop the site with hotels, restaur- ants and other improvements to return maximum revenue to the City. The City .Council, on a 5 to 2 vote, authorized the Committee to explore in greater detail the alternate that would maintain the use of the Marinapark "with a view to using the bowling green area on 15th Street for a community center, and making the walkway between the American Legion and the Marinapark wider. In addition, that the Committee report back as to rent increases and that there be an absolute maximum on the lease renewal of 15 years." 0 0 To: Mayor and City Council -2- Following the Council action, the Committee concentrated on the negotiations for the Marinapark area. The area encompassing the former lawn bowling green, the former P, B & R Department facilities, and the Girl Scout House requires additional study and review. The balance of this report will pertain to the Marinapark lease renewal only. HISTORY: The City acquired the nucleus of the Marinapark property between 15th and 18th Streets from the Pacific Electric Land Company on July 7, 1919, for $1.00. The parcel was originally utilized as a City- operated, short -term visit campground until 1944. On March 6, 1944, a one -year lease was granted o the South Coast Company for the purpose of installing wharfs for boat berthing and repairing. On December 26, 1945, the City Council approved a plan for the camp ground to be converted and operated as a travel trailer park. On May 9, 1955, the City Council adopted a revised plan providing for a further redevelopment of the travel trailer park as a mobilehome park and also a public beach between 16th and 19th Streets. From 1955 to the present, various improvements, such as public sidewalks adjacent to the public beach area, tennis courts, tot lot, and parking facilities have been provided. In 1972, a study was com- pleted by the Parks, Beaches and Recreation Commission recommend- ing that the parcel be converted to public usage and that the mobile - home park be eliminated. On June 25, 1973, the City Council, after considering the Commission's report and other information, granted a lease extension to the tenants of the mobilehome park to September 30, 1977. With this lease extension, a greater public access was provided between the Marina Mobilehome Park and the American Legion property and addition- al tennis court facilities were provided between the mobilehome park and Balboa Boulevard. On January 26, 1976, the Newport Beach City Council granted an additional extension to the tenants of the park until September 30, 1985. The terms of the agreement required a minimum rental with said rent being adjusted annually based on the Consumer Price Index (all items) for the Los Angeles /Long Beach, California area. Currently the monthly rent is $412 for the spaces adjacent to the beach, and $347 for the interior spaces. There are 25 spaces fronting on the beach and 33 interior spaces, for a total of 58 mobilehome spaces. There are 26 full -time tenants and 32 "second- home" tenants. The park is producing gross revenues of $288,400 ±, with expenditures running $57,000 annually, for a net revenue to the City of $231,400. This revenue is used by the City's General Fund and the Parks, Beaches and Recreation Fund. The lease also provided that "Should the City Council find and determine on or before the expiration of this lease the Newport Marinapark is not required for any public trust purposes or other public purpose, lessees shall have the option to extend this lease for five years following the expiration of the term upon the same conditions herein contained." Finally, the lease provided that the To: Mayor and City Council -3- City "may give 90 days written notice to vacate said premises to all lessees of Marinapark. Said notice shall not be given by City until City has allocated necessary funds, approved necessary plans, and obtained all necessary governmental approvals, including en- vironmental requirements, zoning requirements, and any other re- quirements to achieve the conversion of the Marinapark into a public recreation area." LEGAL REQUIREMENTS IF CONVERSION OCCURS: The Committee reviewed the legal requirements for land use con- version, and determined that state statutes for conversion of mobilehome parks exist in the Civil Code, primarily addressing tenant /landlord relations, and in the Government Code, primarily addressing the responsibilities of the governing body to ensure that certain actions are taken. In this case, the City fulfills both the role of landlord and that of the governing body. It must, therefore, meet the responsibilities of both. Under Section 798.56 of the Civil Code a mobilehome park owner must provide homeowners in the park with a notice of change of use as follows: 1. The management . gives the homeowners at least 15 days written notice that the management will be appearing before a local governmental board, commission or body to request permits for a change of use of the mobilehome park. 2. After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy. If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the management's determination that a change of use will occur.' The management in the notice shall disclose and describe in detail the nature of the change of use. 3. The management gives each proposed homeowner written notice thereof prior to the inception of his tenancy that the management is requesting a change of use before local govern- mental bodies or that a change of use request has been granted. Under Section 65863.7 of the Government Code, prior to converting • mobilehome park to another use, the project proponent must file • report describing the impact conversion will have on the residents of the park. The report is to address the availability of adequate replacement space in mobilehome parks. In addition, as stated in the statute: "The person proposing such change in use shall make a copy of the report available to each resident of the mobile - home park at least 15 days prior to the hearing on the impact report by the advisory agency, or if there is no advisory agency, by the legislative body. To: Mayor and City Council -4- The legislative body, or its delegated advisory agency, shall review such report, prior to any change of use, and may require, as a condition of such change, the person or entity to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park. Thus, the City must prepare a "resident impact report ", circulate the report to the park residents, and consider the report in reaching its ultimate decision regarding conversion. Additional requirements pertain if the conversion involves the filing of a tentative or parcel map. Section 65590 of the Government Code regulates the removal of housing units in the Coastal Zone. The Marinapark is in the Coastal Zone, but, because the P, B & R Commission's proposed use is considered coastal dependent, portions of the Section regarding replacement housing would not apply. The Mello Bill and Council Policy B -1 generally require a property owner to provide replace- ment housing for persons or families of low income displaced by the conversion or demolition of existing dwelling units. Resi- dential dwelling units are defined to include mobilehomes. The City would be exempt from providing replacement housing if the con- version or demolition of the park is for either a "coastal depend -, ent" or "coastal related" use. The City would be required to give the residents one year's notice of its intent to convert the park at the expiration of the term of the master lease and make findings prior to such notice that the Marinapark is required for a tide- land trust or other public purpose. The City would be required to prepare a report on the impact of the conversion on the displaced residents and would be empowered to take steps appropriate to mitigate the adverse impact of the conversion on the "displaced persons." The City probably would not be required to make relocation assistance payments to the tenants if the lease is not renewed. CONCLUSIONS AND RECOMMENDATIONS: In an effort to be of assistance to the City in determining a fair rental value at the Marinapark, Richard A. Fuller, MAI, was com- missioned to do an appraisal. On January 29, 1985, he submitted two copies of the full appraisal. Attached, are copies of the im- portant pages of the report. This appraisal was used extensively by the Committee in deriving the recommendations and conclusions made herein. The final recommendations concerning the Marinapark only are as follows: 1. That a new lease be approved having a fifteen year term to correspond with the current term of the adjacent American Legion property. ! ! To: Mayor and City Council -5- That the rents be adjusted as follows: Mobile Home Space .Current Proposed 25 beach front $ 412.00 $ 132.00 22 interior 347.00 550.00 .11 rear 347.00 516.00 Rents are to increase on October 1st and are to be adjusted' annually, based on the C.P.I. increases. The immediate adjustment represents a 668 increase. 3. The new lease shall provide that within five years of October 1, 1985, all Marinapark mobile home tenants must be residents of the City of Newport Beach unless an exception is granted by the City Council. 4. The agreement contains language giving the City the right to convert Marinapark to another use upon expirat- ion of the lease, without obligation to pay relocation benefits or providing other forms of relocation assistance. The lessee in the proposed lease waives, gives up the right to receive, and releases the City from any obligat- ion due to termination of the proposed lease. 5. Electricity is individually metered, but water and gas are master metered. The lease provides for the tenants to reimburse the City for the cost of water and gas utilized at the Marinapark for all purposes. 6. The City shall provide maintenance for the common areas and facilities. Attached, members of the Council will find a copy of the proposed lease document. The document can be explained in greater detail during the Council meeting. One item that received considerable attention of the Committee was the possible widening of the public walkway between the Marinapark and the American Legion. Currently, there is an 8' walkway. To widen the walkway to 181, in the event that the walkway is to be used in the future for hand - launching of boats, view corridor, etc. would require the relocation of three mobile homes. If the walkway is widened by 5' so that it would have a total width of 131, one trailer would have to be relocated at least 51. To make this option possible, Section 8.F was added to the lease. This section reads - "Should lessee ... elect to sell ... City shall have the right of first refusal to acquire ... interest This section To: Mayor and City Council -6- gives the City the right of hold interest and widen the this action. Additionally, gives the City the right to 5' to the west at City expe if the City Council decides believes that the above two do so. first refusal to acquire the lease - walkway if future planning requires the City added Section 14.B1 which relocate the most northeasterly coach zse, not to exceed $10,000. Therefore, to widen the walkway the Committee sections gives the City the right to If the City Council accepts the recommendations made herein, future studies will be done on the adjoining property, i.e., lawn bowling greeen, Parks, Beaches & Recreation former headquarters, and Girl Scout House, and specific recommendations will be made to the City Council on the future use of these parcels. The Home- owners' Associations in West Newport, the Peninsula Point, and the Central Balboa area, require additional time and information. Additionally, the Girl Scouts, the Power Squadron, and possibly the Newport Beach Nautical Museum representatives need additional time for planning and research. For this reason, the Committee proceeded with the lease arrangement on the Marinapark with the understanding that the balance of the assignment would be submitted to the City Council after needed dialogue with all interested parties. MARINAPARK MOBILEHOME AD HOC COMMITTEE Mayor Philip Maurer Council Member John C. Cox, Jr. Council Member Donald A. Strauss By: Robert L. Wynn, City Manager a •rjkhkAL CMPARABLES _ _ ' = i rnAr !narinapark ,,, L .�° +°w �, M 0 A 770 West Balboa Boulevard mm ewport Beach, California ;' LI _ January, 1985 1 - - - --- Kichard A. Fuller, M.A.I. NIJ♦ I EvRA \ • . 3EM� !„ „ WMDS �� u' PQ BASE I I 6xaYa •wm � y ss? .°r h i j � i w r Ev4 I I a it u, .y . •�) ,,m -__J I M .. .•. -ml ,,:rri♦ %:' A N - 1--- - 8 �. F L O/ E w X•rr• N.ra E 5� Air,, E , - "i Y . AN•C-JJS v.ww° ar l.ir s. . ,Iw., `.a i„a ® A E Y w ,°,a P,° V L L - .m AiT \ �� "'• .YATL wrr �+} uup ♦ I YBAXN 9 \ .V AORE4TJ •. I 19 V 1 C T•, OXR VIEW Hroe °°W Ar ITT t r A L L F/ -- M7°r rj 411T •y J�� ♦ YILTWYXLL Nr ,_e 611 N 1/ h 1•COlYI4Y ,nw as ZJ ANGELES aIW COUNTY le _ _LOS O I ANrr,wr •. ",.ry,•� SF(MI \ . 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'I,C " "9 VALUATION Method of Valuation: Scope of Market Data Search: A market data search was completed for waterfront and non waterfront mobile home space rentals, situated within ocean front and bay front mobile home parks, located between San Diego and Malibu. Market Data: In all, twelve items of market data were discovered with varying degrees of comparability to the subject property. Your attention is invited to the Market Data Map on the facing page, which sets out the location of each item of market data, and to the Market Data section of..this report, where a summary of each rental is set out. Comparative Criteria: In analyzing each item of market data, a comparison was made between the rental property and the subject property. Consideration was given to bay or ocean frontage, maximum space size, park amenities, location, and utilities. After adjustments for these and other factors, an indicated value of•the subject rental was derived. Comparison to the Subject Property: Your attention is invited to the Rental Summary facing the following page. This summary sets out the pertinent data con- sidered in each rental comparable. Following is a brief desc- ription of each item of market data considered in this analysis: Rental 1: This is the DeAnza Harbor Resort located in San Diego. This mobile home park has bay frontage, and park amenities which include a swimming pool and clubhouse. The predominate maximum mobile home space accomodates a double. Utilities provided by the landlord include water and trash. -13- RICHARD A. FULLER. M. A. I. r • m o o imp !J� o s SO 7O U U N Y Y c 8 _ O G O O O O C O 0. 0.0 w O O O L N O Y N M N N N rY•l rY1 N rY c 'I a > rl > rY•l � O d d d d T T a T T T U d d L L ti F X G O L F O G oo • N Y Y Y X Y X m X Y n A m m Y b' S r S L E a IS yY Y X X % X K X Y. % K % X % G N C S 6 mqG ■Y X 0 X % X x =� ' S1Sj�� NY to Z N i2- '&+ N n t•f J� PI d O �y x m X N N N p •Op h n � N P O N L• e n N M N d n .➢ rm d N N N Y O in W N O S n' O N h m O P M Y Y .+ N W G � rub u w �m1 m w • 0 o a, a s 3 to j l Y V m w Y X `j n i.• Yr X 3 ^J Y Y y Y O y O V nY m aM w wW N >po m M O C rO 0.i A M Q m Y Y Y O O > > Y Y M X X e y m 9 yTy pmy O T C G ml. N 1 1 A rm� n � r • :•� 9 Waterfront space rentals vary from $576 /month to $755 /month, with an average of $723 /month. Non waterfront space rentals vary from $400 /month to $610 /month, with an average of $500 /month. In comparing this mobile home park to the subject property, adjustments were made for park amenities, location, and utilities furnished. Overall, this mobile home park is considered similar to the subject property. Rental 2: This is the Capistrano Shores.Mobile Home Park located in San Clemente. This mobile home park has ocean frontage and park amenities, which include a clubhouse. The predominate mobile home space accomodates a double. Utilities paid by the landlord include water and trash. Waterfront space rentals vary from $1,050 /month to $1,185 /month, with an average of $1,120 /month. There are no non waterfront space rentals. In comparing this mobile home park to the subject property, adjustments were made for ocean frontage and utilities. Overall, this mobile home park is superior to the subject property. Rental 3: This is the Dana Strand Club located in Dana Point. This mobile home park has ocean frontage, and park amenities, which include a swimming pool, clubhouse, and tennis courts. The predominate mobile home space accomodates a double. Utilities paid by the landlord include natural gas, electricity, water, trash, and cable TV. Waterfront space rentals are $1,115 /month. Non water- front rentals vary from $1,041 /month to $1,073 /month, with an average of $1,050 /month. In comparing this mobile horse park to the property, adjustments were made for ocean park amenities, and utilities furnished. this mobile home park is superior to the property. -14- RICHARD A. FULLER. M. A. 1. subj ect frontage, Overall, subject 0 0 Rental 4: This is the Treasure Island Trailer Park located in Laguna Beach. This mobile home park has ocean front- age, and park amenities which include a swimming pool and clubhouse. The predominate mobile home space accomodates a double. Utilities paid by the landlord include water and trash. Waterfront space rentals vary from $900 /month to $1,600 /month, with an average of $1,100 /month. Non waterfront space rentals vary from $350 /month to $600 /month, with an average of $550 /month. In comparing his mobile home park to the subject property, adjustments were made for ocean frontage, park amenities, and utilities furnished. Overall, this mobile home park is considered superior to the -subject property.. Rental 5: This is the E1 Morro Beach Mobile Home Park located in Laguna Beach. This mobile home park has ocean front- age, there are no tennis courts, swimming pools., or clubhouse. The predominate mobile home space accomo- dates a single. Utilities paid by the landlord include water and trash. Waterfront space rentals vary from $445 /month to $500/ month, with an average of $460 /month . Non waterfront space rentals vary from $230 /month to $306 /month,with an average of $285 /month. In comparing this mobile home park to the subject property, adjustments were made for ocean frontage, maximum space size, and utilities furnished. Overall, this mobile home park is considered similar to the subject property. Rental 6: This is the Bayside Village Mobile Home Park located in Newport Beach. This mobile home park has bay front - age,and park amenities which include a swimming pool and clubhouse. The predominate mobile home space accomodates a double. Utilities provided by the land- lord include water and trash. -15- RICHARD A. FULLER, M. A. I. Waterfront space rentals are $771 /month. Non water- front space rentals vary from $439 /month to $535 /month, with an average of $454 /month. In comparing this mobile home park to the subject property, adjustments were made for park amenities, location, and utilities furnished. Overall, this mobile.home park is considered similar to the subject property. Rental 7: This is the Cannery Village Mobile in Newport Beach. This mobile hom, frontage, and park amenities which pool. The predominate mobile home dates a single. Utilities paid by trash. Home Park located B park has bay include a swimming park space accomo- the landlord include Waterfront space rentals are dependent upon the date of lease inception,and vary from $650 /month to $700/ month, with an average of $675 /month. Non waterfront space rentals vary with the date of lease inception, and range from $650 /month to $760 /month, with an average of $700 /month. In comparing this mobile home park to the subject property, adjustments were made for maximum space size, park amenities, location, and utilities fur- nished. Overall, this mobile home park is considered inferior to the subject property. Rental 8: This is the Lido Mobile Home Park located in Newport Beach. This mobile home park has bay frontage, and park amenities which include a clubhouse. The pre- dominate mobile home space accomodates a single. Utilities provided by the landlord include water and trash. Waterfront space rentals vary from $550 /month to $785/ month, with an average of $670 /month. Non waterfront space rentals are $440 /month. -16- RICHARD A. FULLER, M. A. I. In comparing this mobile home park to the subject property, adjustments were made for maximum space size, park amenities, and utilities furnished. Over- all, this mobile home park is considered slightly inferior to the subject property. Rental 9: This is Marinapark, which is the subject property located in Newport Beach. This mobile home park has bay frontage and has no swimming pool, clubhouse, or tennis courts within the park boundaries. The pre- dominate mobile home space accomodates a double. Utilities provided by the landlord include natural gas, water, and trash. Waterfront space rentals are $427 /month. lion water- front space rentals are $362 /month.. This is the rental of the subject property. Rental 10: This is the Palos Verdes Shores Mobile Home Park located in San Pedro. This mobile home park has ocean frontage, and park amenities which include a swimming pool, clubhouse, and tennis courts. The predominate mobile home space accomodates a double. Utilities provided by the landlord include water and trash. Waterfront space rentals vary from $595 /month to $763/ month, with an average of $595 /month. Pion waterfront space rentals vary from $347 /month to $595 /month, with an average of $525 /month. In comparing this mobile home park.to the subject property, adjustments were made for park amenities, location, and utilities furnished.. Overall, this mobile home park is considered inferior to the subject property. Rental ].1: This is the Paradise Malibu. This mobile park amenities which dominate mobile home Utilities provided b trash. Cove Mobile Home Park located in home park has ocean frontage, and include a clubhouse. The pre - space accomodates a double. y the landlord include water and -17- RICHARo A. FULLER. M. A. I. Waterfront space rentals vary from $450 /month to $550 /month, with an average of $500 /month. Non waterfront space rentals vary from $250 /month to $325 /month, with an average of $300 /month. In comparing this mobile home park to the subject property, adjustments were made for park amenities, location, and utilities furnished. Overall, this mobile home park is considered inferior to the sub- ject property. Rental 12: r This is the Point Dume Mobile Home Park located in ` Malibu. This mobile home park has ocean frontage, and park amenities which include a swimming pool and clubhouse. The predominate.mobile home space accomo- dates a double. Utilities provided by the landlord include water and trash.. Waterfront space rentals vary from $410 /month to $689/ �- month, with an.average of $550 /month. Non waterfront space rentals vary from $325 /month to $450 /month., with L an average of $400 /month. In comparing this mobile home park to the subject property, adjustments were made for park amenities, location, and utilities furnished. Overall, this mobile home park is considered inferior to the sub- ject property. LCorrelation: In the valuation of the subject property, Rental 1 with frontage L on San Diego Bay was considered very comparable. Rental 2 is located in San Clemente and has frontage directly on the Pacific Ocean, and was considered an upper limit of value indicator. Rental 3 is located in Dana Point with the predominate number of mobile home spaces having either frontage on the Pacific Ocean or views of the Pacific Ocean. This mobile home park has superior L park amenities and is considered an upper limit of value indicator Rental 4 is located in Laguna Beach, on the bluffs above the Pacific Ocean. This park is considered an upper limit of value indicator. Rental 5 is located on the beach adjacent to the Pacific Ocean and on the inland side of Coast Highway in Laguna L Beach. The rentals within this park were negotiated in the f resolution of a lawsuit. Rentals were not considered indicative L iI L -lo- LRIc F4ARo A. FULLER. M. A. I. RELATIONSHIP NON WATERFRONT SPACE RENTAL TO WATERFRONT SPACE RENTAL SM14ARY Average Average % Average Non Waterfront Waterfront Non Waterfront Space Rental Rental Space Rental Space Rental & Waterfront Space Rental 1 500 723 69% 4 550 - 1100 50% 5 285 460 62 6 454 771 59% 8 440 670 66% 9 __362 427 85% 10 525 595 88% 11 300 500 60;0 12 400 550 73% Average 68 "r'a ( of fair market rental value as they represented the forfeiture ! of relocation expenses which would have been received by the tenants. These rentals were not considered in this analysis. Rental 6 has bay frontage in Newport Beach and is considered very comparable to the subject property. Rental 7 has bay frontage in Newport Beach, however, the rentals represent older rates and are not representative of fair market value. This rental comparable was not utilized in this analysis. Rental 8 has bay frontage in Newport Beach and is considered very com- parable. Rental 9 is the rental of the subject property and as they are not the result of fair market negotiations, they were not considered pertinent in this analysis. Rental 10, Rental 11, and Rental 12 are located in Los Angeles County. These rental comparables are situated on bluffs over- looking the ocean and are all subject to rent control. These mobile home parks are considered inferior in location and lower limit of value indicators only. Your attention is invited to the Relationship Non Waterfront Space Rental to Waterfront Space Rental Summary set out on the facing page. This analysis was completed to establish a rela- tionship between the rentals of non waterfront spaces to the L rentals of waterfront spaces. Selected items of market data were utilized wherein the average non waterfront space rental was compared to the average waterfront space rental and a percentage was derived. It is concluded from this study that non waterfront space rentals vary from 50% to 88% of the water- front space rentals, with an average of 67 %. With greatest emphasis on Rental 1, Rental 4, Rental 6, and Rental 8, it was concluded that non waterfront space rentals would be equivalent to 67% of waterfront space rentals. Conclusion: After careful consideration of the foregoing data, and other factors, it is my opinion that the fair market rental value of the Marinapark Mobile Home Park, subject to the limiting con- ditions set out elsewhere in this report, as of January 15, 1985 was as follows: Waterfront Spaces........ ....7 ..............$750 /month (1001.) Non Waterfront Spaces ..... ..............:......$500 /month (67 %) L -19- LRICHARD A. FULLER. M. A. I. 0 FAIR MARKET REb1TAL VALUE: Waterfront Spaces ... .....................$750 /month Non Waterfront Spaces ................. ..$500 /month -20- RICHARD A. FULLER, M. A, I. LEASE This Lease, entered into this day of , 1985 by and between the CITY OF NEWPORT BEACH, a municipal corpo- ration and charter city (hereinafter "City ") and (hereinafter "Lessee "),, is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties: A. City is the owner, and is in possession and control, of a parcel of real property, consisting of tidelands and uplands, located northerly of Balboa Boulevard and between Fifteenth Street and Nineteenth Street in Newport Beach, commonly khown as Marinapark and generally described on the plot plan attached as Exhibit "A" (hereinafter "plot plan "); B. The property within Marinapark was under lease prior to the effective date of the Charter of the City of Newport Beach and, pursuant to the provisions of Section 1402 of the City Charter, the City Council is empowered to authorize execution of this Agreement by the Mayor ;. C. Prior to the effective date of this lease, and pursu- ant to a lease dated March 24, 1976, (hereinafter "1976 Lease "), the City leased 58 trailer park spaces in Marinapark as shown on the plot plan, under a standard lease which would have expired on the 30th day of September, 1985, subject to the right of the Lessee to extend the term of the lease for a five (5) year period should the City Council determine, prior to that date, Marinapark was not required for any trust, or any public, purpose; D. The City Council presently intends to convert Marina- park to a public recreation area upon expiration of this lease; E. The City Council finds that it is in the best interests of the City of Newport Beach to enter into this Lease because Lessees have agreed that City has the right to convert Marinapark into a public recreation area upon the expiration of this Lease, or shortly thereafter, without payment of relocation benefits or other forms of assistance to persons displaced due to the conversion; -1- 1 F. The City Council finds and declares that this Lease operates to preserve an important and unique housing resource to be occupied by permanent residents and affordable to persons of low and moderate income. As such, the lease of space within Marinapark confers a substantial benefit upon the citizens of Newport Beach and is consistent with, and furthers the objectives of, the 1984 Housing Element of the General Plan of the City of Newport Beach; G. The City Council finds and declares that the terms and conditions of this Lease are not inconsistent with the provi- sions of the public trust imposed upon those portions of Marina - park which constitute tidelands in that: (1) the preservation of a significant amount of rental housing affordable to persons of low and moderate income is a matter of general state -wide interest; (2) the revenue generated by that portion of Marinapark consisting of tidelands is utilized by the City to enhance public use of tidelands in the immediate vicinity of Marinapark; and (3) the City has, through this lease, established its right to convert- the property to public recreational use upon expiration of this Lease without obligation to pay relocation benefits, or provide other forms of assistance, to displaced tenants; H. The City Council finds and declares that the terms and conditions of this .Lease, as they relate to tidelands and uplands, do not constitute a violation of -the gift ;clause of the Constitution of the State of California, in that the preservation of affordable housing stock is of significant public benefit and the revenues generated by the terms of this Lease are effectively and efficiently used to enhance the public recreational use of nearby tidelands; I. The City Council finds and declares that the terms and conditions of this Lease comply, and are consistent, with the Charter of the City of Newport Beach including, without limitation, the provisions of Section 200 and 1402 of the Charter; J. The City Council also finds and declares that the provisions of this Lease are consistent with the plans, policies, rules and ordinances of the City of Newport Beach and, more specifically, are consistent with the General Plan, which provides that.the mobilehome park may be continued until phased out, and the Land Use Plan of the Local Coastal Program which specifies that it is the intent of the City to preserve the mobilehome park as a means of providing a variety of housing opportunities within the City; and -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 PREMISES. The City leases, and Lessee accepts the lease of, the property described as space as shown on the plot plan, attached as Exhibit "A ", .(hereinafter "Premises "). 2. . TERM. t, The tenancy created by this Lease shall conmence as of the date on which the Lease is signed by Lessee and shall expire on March 15, 2000, unless earlier terminated in accordance with the terms of this Lease. 3. USE OF PREMISES. A. The Premises shall be used only for residential purposes, and no business or cormnercial.activity shall be conduc- ted on the Premises. No persons other than Lessee, a person in addition. to Lessee if Lessee is living alone, and the short term guests (a guest who does not stay with Lessee for more than a total of 20 consecutive days or a total of 30 days in any calen- dar year) of Lessee, may reside or occupy the Premises without the prior written consent of the City. B. The City has found and determined this Lease is consistent with the provisions of the 1984 Housing Element and other relevant state and local laws, policies and plans primarily because it preserves a significant amount of housing affordable to persons of low and moderate income. The finding is based on the assumption that the premises shall serve as the primary resi- dence of Lessee, not as a second, or vacation, home. Lessee agrees that the primary residence requirement is fundamental to this lease, stipulates that the residency requirement will not constitute an undue burden or hardship on Lessee in light of the time allowed for compliance, and Lessee agrees thatp . on or before October 1, 1990, the Premises shall be Lessee's primary residence l unless this requirement is waived by the City Council due to v hardship. Lessee shall provide satisfactory proof of residence to the City. -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 (8) The value and transferability of Lessee's interest is preserved by the long term nature of the tenancy -4- created by this lease and limitations on the amount of rent a buyer or transferee of Lessee's interest could be charged, while City gives up the right to substantially increase rent for the Premises in the event of a transfer. C. Fundamental Interest of City - Rights and Benefits Given Up by Lessee. The fundamental reason for City to enter into this Lease is the right to convert Marinapark to a public recrea- tional use upon expiration of this Lease, or shortly thereafter, without obligation to pay relocation benefits, or provide other forms of relocation assistance. In consideration of the rights and benefits given up by City, and in addition to the obligation to pay rent and comply with the other terms and conditions of this Lease, Lessee stipulates and agrees as follows: (1) The terms and conditions of this Lease, specifically the commitment of City to grant long -term tenancy rights and to preserve the current use of the Premises until March 15, 2000, constitute full and adequate mitigation of any adverse impact of the proposed conversion on Lessee and the extended term of the Lease gives Lessee sufficient time to secure adequate replacement space in another mobilehome park or other alternative housing; (2) The terms and conditions of the Lease, specifically the extended term of the Lease, is of far greater value to Lessee than any relocation benefits or other form of assistance could be granted to Lessee by City at or near the expiration., of the Lease and the conversion of the Premises to public recreational use. The extended term of the Lease signifi- cantly increases the market value of Lessee's interest in the Premises and substantially improves the ability of Lessee to locate potential purchasers or transferees of Lessee's interest; (3) LESSEE HEREBY WAIVES, GIVES UP THE RIGHT TO RECEIVE, AND RELEASES CITY FROM ANY OBLIGATION TO PAY, RELOCATION BENEFITS, OR ANY OTHER FORM OF RELOCATION ASSISTANCE OR OTHER PAYMENT OR CONSIDERATION THAT ARISE OUT OF, OR ARE IN ANY WAY RELATED TO: (A) THIS LEASE OR ANY FUTURE TENANCY; (B) THE ULTIMATE TERMINATION OF LESSEE'S TENANCY PURSUANT TO THIS LEASE OR THE TERMINATION OF EXPIRATION OF ANY SUBSEQUENT TENANCY HOWEVER CREATED; (C) THE CONVERSION OF THE PREMISES TO A PUBLIC RECREATION USE, (D) THE DISPLACEMENT OF LESSEE FROM HIS AND /OR HER PRIMARY RESIDENCE; (E) ANY FEDERAL, STATE OR LOCAL LAW, PLAN, POLICY OR RULE WHICH RELATES TO SUCH DISPLACEMENT, OR REQUIRES -5- 0 THE MITIGATION OF THE IMPACTS CAUSED BY DISPLACEMENT. THIS RELEASE BY LESSEE, NOTWITHSTANDING SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES THAT: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERI- ALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR," RELEASES ALL CLAIMS OR LOSSES, WHETHER KNOWN, UNKNOWN, FORESEEN OR UNFORESEN, WHICH LESSEE MAY HAVE AGAINST CITY. LESSEE UNDER- STANDS AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF THIS RELEASE AND OF THIS SPECIFIC WAIVER OF SECTION 1542 AND ASSUMES FULL RESPONSIBILIITY FOR ANY DAMAGES, LOSS OR CLAIM THAT LESSEE MAY INCUR AS A RESULT OF THE CONVERSION, TERMINATION, AND /OR DISPLACEMENT REFERRED TO ABOVE. LESSEE IS FREELY AND VOLUNTARILY EXECUTING THIS LEASE AND LESSEE, AND IN EXECUTING THIS RELEASE, HAS NOT RELIED UPON ANY INDUCEMENTS, PROMISES OR REPRESENTATIONS MADE BY CITY OR ITS OFFICERS OR EMPLOYEES, OTHER THAN THE COMMIT- MENTS AND COVENANTS CONTAINED WITHIN THIS LEASE. (4) Lessee agrees that City's right to convert the premises to a public recreation area upon expiration of this lease, is now believed to be in the best interests of the citizens of, and visitors to, the City of Newport Beach. (5) This Lease constitutes notice that City reserves ;the right to convert the Premises to public recreational use on or about March 16, 2000. (6) Upon expiration of the term of this Lease, Lessee shall, within sixty (60) days, remove any mobilehome or recreational: vehicle, structure, improvement, personal property or equipment located upon the Premises. Upon the expiration of this sixty (60) day period, the City shall have the right to remove and dispose of any and all property improvement structures or equipment which remain on the Premises without prior notice or judicial action. (7) If, subsequent to the expiration of this Lease, Marinapark is still to be operated as a mobilehome park, the City shall be under no obligation to offer written rental agreements or leases other than as may then be required by the Mobilehome Residency Law, specifically the provisions of Section 798.18 of the Civil Code or such laws as may- be enacted subsequent to the effective date of this Lease. The Mobilehome -6- Residency Law currently obligates the City to offer a twelve (12) month lease or a lesser term If requested by Lessee. 5. RENT. Lessee shall pay as rent, without deduction or offset, on the lot day of October,'1985, and on the first day of each month thereafter during the term of this lease, the sum of :732.00, provided, however, in the event this lease is signed after the 1st day of November, 1985, and prior to December 1, 1985, rent shall be $769.00, and provided further, that in the event this lease is signed after December 1, 1985, and prior to January 1, 1986, the rent shall be $807.00 and in each case rent shall be subject to increase as specified in this paragraph. The monthly rental shall be subject. to adjustment as of October 1, 1986 and as of October 1st of each year thereafter during the term of this Lease. In no case shall the adjusted rent be less than the current rent. The adjustment shall be equal to the increase in the Consumer Price Index for the twelve month period (commencing May 1 and ending April 30, hereinafter the "adjustment period ") prior to the date of adjustment. The rental adjustment shall be calculated by adding each monthly percentage increase during the adjustment period, subtracting any decreases and multiplying the total by the monthly rent in effect prior to the adjustment. The Consumer Price Index (All Urban Consumers -All Items) for the Los' Angeles -Long Beach- Anaheim, California area as published and released by the Bureau of Statistics for the United States Department of Labor shall be the index utilized for calculating rental adjustments. If the Consumer Price Index, as now compiled and published, is superseded by another index, then the new index shall be used to calculate the increase in rent provided that an appropriate conversion from the old Index to the new can feasibly be made. If such conversion cannot be made, or if no such index is published, then another index generally recognized as authori- tative shall be substituted by agreement. Rent for any fractional part of any month between the commencement date and the first date of the first full calendar month within the Term shall be prorated, and paid by Lessees. to City along with the first full month of rent due hereunder. Lessee stipulates and agrees that this lease constitutes �,• the sixty (60) days, written notice of rental increases required by the Mobilehome Residency Law and Lessee acknowledges that no additional written notice need be given by City; provided, -7- however, City may provide Lessee with sixty (60) days' written notice of the precise amount of any rental increase authorized by this paragraph and City and Lessee agree that such notice shall not constitute a waiver of City's right to rely upon the adequacy of the notice provisions in this paragraph. 6. RELEVANT STATUTES AND RULES. The Mobilehome Residency Law requires this Lease to contain, among other things, the rules and regulations of Marina- park and the language of the Mobilehome Residency Law. The rules and regulations of Marinapark are attached as Exhibit "B," the provisions of, the Mobilehome Residency Law are attached as Exhibit "C," and both documents are incorporated into this Lease by reference.: The Marinapark rules and regulations and the Mobilehome Residency Law may be amended or modified from time to time, and these amendments and modifications shall be deemed to be incorporated into the documents attached as Exhibits "B" and "C" when effective. 7. LATE CHARGE. If the entire rent owed by Lessee is not received by City by the 10th day following its due date, then, without any requirement for notice to Lessee, Lessee shall pay to City a late charge of $35.00. The parties agree that such a late charge represents a fair and reasonable estimate of the costs City will incur by reason of any late payment of rent. An acceptance of a late charge by City shall not constitute a waiver of Lessee's default with respect to rent, nor prevent City from exercising any of the -rights or remedies granted by this Lease. 8. SALE OR ASSIGNMENT. Lessee may sell the mobilehome located on the premises pursuant to the rights, and subject to the obligations, of Lessee under the Mobilehome Residency Law and any other appli- cable statutes. If the mobilehome that is the subject of the sale or transfer, is to remain in the park, or if Lessee proposes to assign Lessee's interest in this Lease to any person or persons who is (are) to reside on the premises, Lessee and /or the proposed transferee must do the followings A. Lessee must give notice of the sale or assignment to City prior to close of escrow; -8- z V S. The sale or assignment shall not be effective unless the City has given prior written approval, the transferee has executed the assignment of lease form provided by City, and the transferee has expressly agreed to be bound by the waivers and releases provided in the Lease. C. Lessee, In view of the requirement that the Premises shall constitute Lessee's primary residence, agrees..not to sublease or otherwise transfer any partial interest in this Lease, except to the extent that the right to sublet or transfer Is specifically provided by law and, in no event to a person or persons not using the premises as a primary residence. D. City shall approve any such transfer, if the transferee has the financial ability to pay the rent and charges and otherwise comply with the terms and conditions of this Lease, provided, however, City may withhold approval if it determines that, based upon the transferee's prior tennneies, the transferee will not comply with the rules or regulations of Marinapark (Exhibit "B "). S. The City, in the event of a sale of a mobilehome to a third party, and in order to upgrade the quality of the park, may requir.e that a mobilshome be removed from the park, when (1) it Is loins than ten feet wide! (2) it is more than twenty (20) years old, or more than twenty -five (25) years old If manufactured after September 15, 1971, and is twenty (20) feet wide or more, and the mobilehome does not comply with the health and safety standards provided in Section 185509 18552 and 18605 of the Health do Safety Code-and the regulations established thereunder= (3) the mobilehome Is more than seventeen (17) years old, or more than twenty - ,five. (25) years old if manufactured after September 15, 1871, and is less than twenty (20) feet wide and the mobilehome does not comply with the construction safety standards under Sections 18850, 18852 and 18605 of the Health do .Safety Code and the regulations established thereunder! or (4) it Is in a significantly run down condition or in disrepair, as determined by the general condition of the mobilehome and its acceptability of the health and safety of the occupants and the public exclusive of Its age. P, Should Lessaei. dnring '.the -.term of 'this Lease, elect - to`sell" or' assign -its .interest in this Lease, City shall have the - right'91 first'refusal -to acquire the Interest on such 1 terms and conditions as !msy be acceptable to Lessee, and on failure of the-parties to agree -on terms within ten (10) days after written notice thereof from Lessee, Lessee shall be free to sell or assign Lessee's interest terms and conditions of this Lease. W, I In this Lease, subject to the G. Notwithstanding any other provision in this Lease, Lessee shall have the right to assign it.s interest in this Lease to a spouse, son and /or daughter without any requirement that City be given the right of first refusal to acquire the Interest and without payment of the transfer fee specified in paragraph 10, provided, however, the premises shall be used as the primary residence of the assignee and the assignee shall be bound by all provisions of this Lease, including, without limitation, the waiver of relocation assistance. 9. LTPILITiES. A. The City shall not provide electricity or tele- phone service. Lessee shall make arrangements directly with the utilities furnishing the services and promptly pay all charges; B. The City shall provide Lessee with water and gas service. The initial charge to Lessee for such service shall be based upon the expenses incurred by City for gas and water utili- zed within Marinapark, for all purposes, ( "total cost ") for the period commencing August 1, 1984 and ending July 31, 1985 (rating period). The initial monthly charge to Lessee shall be calcula- ted by dividing the "total cost" by twelve (monthly cost) and then dividing the monthly cost by the number of tenancies with Marinapark (total tenancies). Charges for gas and water service shall be increased or decreased on the first day of October, 198.6, and on the first day of October during each subsequent year of this Lease in accordance with increases or decreases in "total cost" or "total tenancies" during the preceding rating period (August lst through July 31st). C. The charges for gas and water service shall be paid when rent is due, and Is in addition to the obligation to pay rent. In the event Lessee fails to pay charges for water or gas service within ten days after the amount is due, Lessee shall pay to City a late charge of $35.00; D. In the event City provides both master meter and submeter service of utilities to Lessee, the cost of the charges for each billing period shall be separately stated and shall contain opening and closing readings of the meter. In such l event, City shall post rates charged by the appropriate utility In a conspicuous,plaee; -10- 0) W E. City shall not be liable for any loss, damage or injury and Lessee shall not be entitled to any abatement or reduction of rent, by reason of City's failure to furnish any utility or service if the failure is caused by accident, break- age, repairs, maintenance, or any other cause beyond the reason- able control of City. 10. TRANSFER FEE. Lessee requests that City perform certain services in connection with the sale of any mobilehome to remain within the Park, and /or the sale or assignment of Lessee's interest in this Lease. The services to be performed by City, at Lessee's request, include, but are not necessarily limited to, the prepar- ation of the documents by which the leasehold interest is assigned and the inspection of the property to be transferred. 1 The City and Lessee agree that a reasonable fee for the perfor- mance of these services is the sum of $2,500.00. 11. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS. City agrees to maintain, in good working order and conditions, the grounds, common areas, common facilities, streets, City -owned buildings, and any other publicly -owned improvements on the Marinapark property. Lessee shall, at their cost and expense, maintain, in good order and condition, any mobilehome, cabana, or other improvement located on the premises. Lessees also agree that all landscaping on the premises shall be limited to three (3) feet in height to preserve views and open space. The City may charge a reasonable fee for (\ services relating to the maintenance of the premises upon which the mobilehome 3s located in the event Lessee fails to maintain the property in accordance with the provisions of this Lease and the rules and regulations of Marinapark (Exhibit "B ") after giving written notification to Lessee and Lessee's failure to comply within fourteen (14) days from the date of notice. The notice shall contain all Information required by the Mobilehome Residency Law. 12. PHYSICAL IMPROVEMENTS AND SERVICES. The physical improvements to be provided Lessee during the term of this Lease include the nonexclusive right to use all of the common areas and common facilities located within Marinapark, such as streets, nonrestricted parking areas, recrea- tional facilities and equipment, laundry facilities and other -11- 0 # facilities, equipment and conveniences located in the common areas and common facilities and designated for use by residents. The services to be provided by City during the term of this Agreement include the services to be provided by the Marinapark manager and other employees and officers of City, the utilities to be provided by City specified in Paragraph 9, and the maintenance of all common areas and common facilities in good working order and condition. 13. CHANGES IN MARINAPARK RULES AND REGULATIONS, PHYSICAL IMPROVEMENTS AND SERVICES. The City retains the right to amend or modify the Marinapark rules and regulations, the terms of this Lease, and { the nature of the physical improvements for services to be provi- ded, after complying with the provisions of the Mobilehome Resi- dency Law and other applicable law. The right to amend the terms of this Lease, the Marinapark rules and regulations, and the physical improvements and services to be provided by City, include, without limitation, the right to reduce the size of, or eliminate, any physical improvement, common area, common facility, or equipment, provided, however, no changes shall be made to the provisions of this Lease, specifying the term of the Lease or the rent to be charged unless those changes or amendments are permitted by other provisions of this Lease. LJ 14. RIGHT OF ENTRY. A. Lessee, subject to the right of revocation as set forth in the Mobilehome Residency Law, hereby grants written consent to City to enter the premises and Lessee's mobilehome for the purpose of improving, maintaining, repairing or replacing gas, water and sewage systems owned and maintained by City. Any damage, loss or Injury to Lessee's home, property of Lessee, or the premises which results from efforts of City to maintain, repair, improve or replace the gas, water or sewage systems, shall be the sole responsibility of Lessee, and City shall not be responsible for reimbursing any cost or expense incurred by Lessee as a result of such efforts, nor shall City be responsible for repairing, replacing or otherwise restoring the mobilehome, the premises or any improvements thereon, to the state or condition immediately prior to the maintenance, replacement or -12- repair efforts premises for Residency Law. 0 The City also reserves the right to enter the other purposes as specified in the Mobilehome B. City is contemplating widening the public walkway located along the easterly boundary of Marinapark. In order to accomplish this widening it may be necessary to relocate existing improvements on the premises a distance of five feet (51) to the west. City hereby reserves the right to relocate mobilehome and other improvements on the premises a distance of five feet (51) to the west of its current location, the relocation to be at City expense, provided, however, Lessee shall bear any expense incurred by City in excess of the sum of $10,000.00. 15. HOLD HARMLESS. Lessees covenant that they will indemnify, defend and hold City, its officers, agents and employees harmless from any and all claims or demands of any name or nature whatsoever arising out of, or incident to, the use and occupancy of the Premises, and to indemnify City for any cost, liability, or expense caused by or arising out of any injury or death of persons or damage to property which may occur upon or about the leased premises or caused by or arising out of any activities or omission of Lessees, their agents, employees, licensees and /or invitees, including, without limitation, injury or death of Lessees, their agents, employees, licensees and invitees and damage to their property or Lessee's property, except for any damage or injury of any kind arising out of the negligence of City, its officers, agents, or employees. :Lessees, as a material part of the consideration under this Lease, hereby waive all claims against City for any damage or loss from any cause arising at any time, including, but not limited to fire, theft, Acts of God, vandalism or any physi- cal damage while the coach remains in the mobilehome park, other than the negligence of City's agents, officers or employees. Lessees do hereby agree to indemnify and hold City, its officers, agents and employees harmless from and on account of any damage or injury to any person or equipment on the coach arising from -13- 0 6 any cause or from the negligence of a Lessee, his or her family or guests. Since a substantial portion of the present value of Lessee's mobilehome or coach is attributable to the value of the premises and the and the proximity of the premises to lower Newport Bay, and not the value of the structural improvement, Lessee, in addition_ to , the other commitment specified in paragraph 4, agrees to indemnify and hold City, its officers agents, and employees harmless from any and all loss or injury of any nature whatsoever arising out of or attributable to such a change of use and the requirement that Lessee remove his home and other property from the Marinapark. 16. TERMINATION. A. Lessee may terminate this Lease without any further liability to City, upon sixty (60) days' written notice to City and upon condition that all persons occupying the premises terminate their tenancy within that period and remove the mobilehome or recreational vehicle and all other improvements, from the premises. B. The City may terminate this Lease for the reasons specified, and according to the procedures set forth, in the Mobilehome Residency Law. C. In addition to the rights specified in subpara- graph B, the City reserves the right to terminate this Lease in the events (1) a court of competent jurisdiction determines that residential use of the property is inconsistent, or in conflict, with the provisions of the public trust imposed upon those por- tions in Marinapark that constitute state tideland, or that the residential use is inconsistent with any provision of the state constitution or state law; (2) there is a major failure in one or more of the public utilities furnished Lessee by City, and, in the opinion of City, the cost of repairing the system is exces- sive when viewed in light of the contemplated conversion to public recreation use at the expiration of this Lease. D. The waivers and releases relative to relocation benefits or assistance shall operate to preclude recovery of same by Lessee in the event this Lease is terminated pursuant to the provisions of this paragraph. -14- 17. ATTORNEYS' FEES. Should either City or Lessees be required to employ counsel to enforce the terms, conditions and covenants of this Lease, the prevailing party shall recover all reasonable attorneys' fees (and court fees if applicable) Incurred therein whether or not court proceedings were commenced. 18. REMEDIES CUMULATIVE. The rights, powers, elections and remedies of the City contained in this Lease shall be construed as cumulative and no one of them shall be considered exclusive of the other or exclusive of any rights or remedies allowed by law, and the exercise of one or more rights, powers, elections or remedies shall not Impair or be deemed a waiver of City's right to exer- elbe any other. 19. NO WAIVER. No delay or omission of the City to exercise any right or power arising from any omission, neglect or default of the Lessees shall impair any such right or power or shall be construed as a waiver of any such omission, neglect or default on the part of the Lessees or any acquiescence therein. No waiver of any breach of any of the terms, cove- nants, agreements, restrictions or conditions of this lease shall be construed as a waiver of any succeeding breach of the same or of any of the terms, covenants, agreements, restrictions or conditions of this lease. 20. COMPLIANCE WITH LAWS. Lessees covenant and agree to regulations, statutes, ordinances and California and the City of Newport governmental body or agency having lawful leased property; and Lessee further agrees Rules and Regulations of Marinapark. comply with all rules, aws of the State of Beach or any other jurisdiction over the to comply with all the 21. MOBILEHOME RESIDENCY LAW /ZONING AND USE PERMIT INFORMATION: A. Lessee acknowledges having received and read a copy of this Lease, the provisions of the Mobilehome Residency t� Law (Exhibit "_ ") as presently constituted, and the Marinapark Rules and Regulations (Exhibit "'"). -15- t B. Marinapark is currently zoned unclassified and there are no conditional use permits or other permits required to operate Marinapark as a mobilehome park. The City of Newport Beach owns the ground on which Marinapark Is located except to the extent the property is subject to the public trust applicable to tidelands. This Lease and the documents referred to herein constitute the entire agreement between City and Lessee and terminates and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether written or oral, including, without limitation, the termination of any rights of either party under the 1976 Lease. <. 23. NOTICES. It is mutually agreed that any notice or notices provided for by this lease or by law, to be given or served by Lessees, may be given or served by mail, registered or certified, with postage prepaid, on the City of Newport Beach, addressed to the Mayor, City Manager, or City Clerk, 3300 Newport Boulevard, Newport Beach, California 92663, or at such other address as may be hereafter furnished to the Lessee in writing. If notice is intended to be served by City on Lessees, it may be served either: A. By delivering a copy to the Lessee personally; and B. If he be absent from the mobilehome, by leaving a copy with some person of suitable age and discretion who may be occupying the mobilehome; or C. If no one can be found, then by affixing a copy of the notice in a conspicuous place on the premises or mobilehome and also sending a copy through the mail addressed to the Lessee. Such service upon the City or Lessee shall be deemed complete at the expiration of seventy -two (72) hours from and after the deposit In the United States mail of such notice, demand or communication. -16 �.. -17- i LEASE This Lease, entered into this day of , 1985 by and between the CITY OF NEWPORT BEACH, a municipal corpo- ration and charter city (hereinafter "City ") and (hereinafter "Lessee "),' is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties: A. City is the owner, and is in possession and control, of a parcel of real property, consisting of tidelands and uplands, located northerly of Balboa Boulevard and between Fifteenth Street and Nineteenth Street in Newport Beach, commonly known as Marinapark and generally described on the plot 0110 attached as Exhibit "A" (hereinafter "plot plan "); B. The property within Marinapark was under lease prior to the effective date of the Charter of the City of Newport Beach and, pursuant to the provisions of Section 1402 of the City. Charter, the City Council is empowered to authorize execution of this Agreement by the.Mayor; C. Prior to the effective date of this lease, and pursu- ant to a lease dated March 24, 1976, (hereinafter "1976 Lease "), the City leased 58 trailer park spaces in Marinapark as shown on the plot plan, under a standard lease which would have expired on the 30th day of September, 1985, subject to the right of the Lessee to extend the term of the lease for a five (5) year period should the City Council determine, prior to that date, Marinapark was not required for any trust, or any public, purpose; D. The City Council presently intends to convert Marina- park to a public recreation area upon expiration of this lease; E. The City Council finds that it is in the best Interests of the City of Newport Beach to enter into this Lease because Lessees have agreed that City has the right to convert Marinapark into a public recreation area upon the expiration of this Lease, or shortly thereafter, without payment of relocation benefits or other forms of assistance to persons displaced due to the conversion; 0C 4( F. The City Council finds and declares that this Lease operates to preserve an important and unique housing resource to be occupied by permanent residents and affordable to persons of low and moderate income. As such, the lease of space within Marinapark confers a substantial benefit upon the citizens of Newport Beach and is consistent with, and furthers the objectives of, the 1884 Housing Element of the General Plan of the City of Newport Beach; G. The City Council finds and declares that the terms and conditions of this Lease are not inconsistent with the provi- sions of the public trust imposed upon those portions of Marina - park which constitute tidelands in that:. (1) the preservation of a significant amount of rental housing affordable to persons of C low and moderate income is a matter of general state -wide interest; (2) the revenue generated by that portion of Marinapark consisting of tidelands is utilized by the City to enhance public use of tidelands in the immediate vicinity of Marinapark; and (3) the City has, through this lease, established its right to convert the property to public recreational use upon expiration of this Lease without obligation to pay relocation benefits, or provide other forms of assistance, to displaced tenants; H. The City Council finds and declares that the terms and conditions of this Lease, as they relate to tidelands and uplands, do not constitute a violation of the gift clause of the Constitution of the State of California, in that the preservation of affordable housing stock is of significant public benefit and the revenues generated by the terms of this Lease are effectively and efficiently used to enhance the public recreational use of nearby tidelands; I. The City Council finds and declares that the terms and conditions of this Lease comply, and are consistent, with the Charter of the City of Newport Beach including, without limitation, the provisions of Section 200 and 1402 of the Charter; J. The City Council also finds and declares that the provisions of this Lease are consistent with the plans, policies, rules and ordinances of the City of Newport Beach and, more specifically, are consistent with the General Plan, which provides that the mobilehome park may be continued until phased out, and the Land Use Plan of the Local Coastal Program which specifies that it is the intent of the City to preserve the mobilehome park as a means of providing a variety of housing opportunities within the City; and -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 PREMISES. The City leases, and Lessee accepts the lease of, the property described as space as shown on the plot plan, attached as Exhibit "A ", (hereinafter "Premises "). / 2. TERM. \, The tenancy created by this Lease shall commence as of the date on which the Lease is signed by Lessee and shall expire on March 15, 2000, unless earlier terminated in accordance with the terms of this Lease. 3. USE OF PREMISES. A. The Premises shall be used only for residential purposes, and no business or commercial activity shall be conduc- ted on the Premises. No persons other than Lessee, a person in addition to Lessee if Lessee is living alone, and the short term guests (a guest who does not stay with Lessee for more than a total of 20 consecutive days or a total of 30 days in any calen- dar year) of Lessee, may reside or occupy the Premises without the prior written consent of the City. B. The City has found and determined this Lease is consistent with the provisions of the 1984 Housing Element and other relevant state and local laws, policies and plans primarily because it preserves a significant amount of housing affordable to persons of low and moderate income. The finding is based on the assumption that the premises shall serve as the primary resi- dence of Lessee, not as a second, or vacation, home. Lessee agrees that the primary residence requirement is fundamental to this lease, stipulates that the residency requirement will not constitute an.undue burden or hardship on Lessee in light of the time allowed for compliance, and Lessee agrees that, on or before October 1, 1990, the Premises shall be Lessee's primary residence unless this requirement is waived by the City Council due to hardship. Lessee shall provide satisfactory proof of residence to the City. -3- 4V C. Lessee agrees to comply with the rules and regulations of Marinapark (Exhibit "B ") and further agrees these rules and regulations may be amended as provided in the Mobilehome Residency Law or other relevant statute. 4. FUNDAMENTAL CONSIDERATION AND ESSENTIAL TERMS: A. Introduction. The City and Lessee agree that the terms and conditions of this Lease grant, to both parties, substantial and important rights and advantages, economic and personal, that each would not otherwise be entitled to receive. These economic and personal rights and benefits are the essence of, and constitute the fundamental consideration for, this Lease. The more impor- tant rights and benefits gained and given up by each party are specified in this paragraph and the parties agree that this Lease should be interpreted such that each party receives the benefits and advantages identified in this paragraph. B. Fundamental Interests of Lessee - Rights and Benefits Given Up by City. The overriding motivation for Lessee's approval of this Lease is the commitment by City to maintain the property as a mobilehome park until March 15, 2000, and the long -term nature of the tenancy created by this lease. These commitments of City operate to insure long -term occupancy, protect the finan- cial interest and investment of Lessee in the Premises, and significantly increase the value, and transferability, of that interest or investment. The most significant rights obtained by Lessee, and given up by City, are as follows: . (1) Lessee obtains the long -term right to occupy the Premises while City commits to preserve the mobilehome park use until March 15, 2000 and approves a long -term tenancy instead of invoking its right to grant no more than a one year tenancy as provided by the Mobilehome Residency Law; (2) Lessee's right to occupy the Premises is subject to the payment of the moderate rent specified in this Lease and Lessee also obtains the advantage of limited rental increases in the future, while City gives up the .right to charge higher rents initially and the right to impose future rental increases In excess of the cost -of- living index; and (3) The value and transferability of Lessee's interest is preserved by the long term nature of the tenancy -4- created by this lease and limitations on the amount of rent a buyer or transferee of Lessee's Interest could be charged, while City gives up the right to substantially increase rent for the Premises in the event of a transfer. C. Fundamental Interest of City - Rights and Benefits Given Up by Lessee. The fundamental reason for City to enter into this Lease is the right to convert Marinapark to a public recrea- tional use upon expiration of this Lease, or shortly thereafter, without obligation to pay relocation benefits, or provide other forms of relocation assistance. In consideration of the rights and benefits given up by City, and in addition to the obligation to pay rent and comply with the other terms and conditions of this Lease, Lessee stipulates and agrees as follows: (1) The terms and conditions of this Lease, specifically the commitment of City to grant long -term tenancy rights and to preserve the current use of the Premises until March 15, 2000, constitute full and adequate mitigation of any adverse impact of the proposed conversion on Lessee and the extended term of the Lease gives Lessee sufficient time to secure adequate replacement space in another mobilehome park or other alternative housing; (2) The terms and conditions of the Lease, specifically the extended term of the Lease, is of far greater value to Lessee than any relocation benefits or other form of assistance could be granted to Lessee by City at-or near the expiration of the Lease and the conversion. of the Premises to public recreational use. The extended term of the Lease signifi- cantly increases the market value of Lessee's interest in the Premises and substantially improves the ability of Lessee to locate potential purchasers or transferees of Lessee's interest; (3) LESSEE HEREBY WAIVES, GIVES UP THE RIGHT TO RECEIVE, AND RELEASES CITY FROM ANY OBLIGATION TO PAY, RELOCATION BENEFITS, OR ANY OTHER FORM OF RELOCATION ASSISTANCE OR OTHER PAYMENT OR CONSIDERATION THAT ARISE OUT OF, OR ARE IN ANY WAY RELATED TO: (A) THIS LEASE OR ANY FUTURE TENANCY; (B) THE ULTIMATE TERMINATION OF LESSEE'S TENANCY PURSUANT TO THIS LEASE OR THE .TERMINATION OF EXPIRATION OF ANY SUBSEQUENT TENANCY HOWEVER CREATED; (C) THE CONVERSION OF THE PREMISES TO A PUBLIC RECREATION USE, (D) THE DISPLACEMENT OF LESSEE FROM HIS AND /OR HER PRIMARY RESIDENCE; (E) ANY FEDERAL, STATE OR LOCAL LAW, PLAN, POLICY OR RULE WHICH RELATES TO SUCH DISPLACEMENT, OR REQUIRES -5- �.. THE MITIGATION OF THE IMPACTS CAUSED BY DISPLACEMENT. THIS RELEASE BY LESSEE, NOTWITHSTANDING SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES THAT: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERI- ALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR," RELEASES ALL CLAIMS OR LOSSES, WHETHER KNOWN, UNKNOWN, FORESEEN OR UNFORESEN, WHICH LESSEE MAY HAVE AGAINST CITY. LESSEE UNDER- STANDS AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF THIS RELEASE AND OF THIS SPECIFIC WAIVER OF SECTION 1542 AND ASSUMES FULL RESPONSIBILIITY FOR ANY DAMAGES, LOSS OR CLAIM THAT LESSEE MAY INCUR AS A RESULT OF THE CONVERSION, TERMINATION, AND /OR DISPLACEMENT REFERRED TO ABOVE. LESSEE IS FREELY AND VOLUNTARILY EXECUTING THIS LEASE AND LESSEE, AND IN EXECUTING THIS RELEASE, HAS NOT RELIED UPON ANY INDUCEMENTS, PROMISES OR REPRESENTATIONS MADE BY CITY OR ITS OFFICERS OR EMPLOYEES, OTHER THAN THE COMMIT- MENTS AND COVENANTS CONTAINED WITHIN THIS LEASE. (4) Lessee agrees that City's right to convert the premises to a public recreation area upon expiration of this lease, is now. believed to be in the best interests of the citizens of, and visitors to, the City of Newport Beach. (5) This Lease constitutes notice that City reserves the right to convert the Premises to public recreational use on or about March 16, 2000. C_ (6) Upon expiration of the term of this Lease, Lessee shall, within sixty (60) days, remove any mobilehome or recreational vehicle, structure, improvement, personal property or equipment located upon the Premises. Upon the expiration of this sixty (60) day period, the City shall have the right to remove and dispose of any and all property improvement structures or equipment which remain on the Premises without prior notice or judicial action. (7) 1f, subsequent to the expiration of this Lease, Marinapark is still to be operated as a mobilehome park, the City shall be under no obligation to offer written rental agreements or leases other than as may then be required by the Mobilehome Residency Law, specifically the provisions of Section 798.18 of the Civil Code or such laws as may• be enacted subsequent to the effective date of this Lease. The Mobilehome -6- Residency Law currently obligates the City to offer a twelve (12) month lease or a lesser term if requested by Lessee. 5. RENT. Lessee shall pay as rent, without deduction or offset, on the lot day of October, 1985, and on the first day of each month thereafter during the term of this lease, the sum of $732.00, provided, however, In the event this lease is signed after the 1st day of November, 1985, and prior to December 1, 1985, rent shall be $769.00, and provided further, that in the event this lease is signed after December It 1985, and prior to January 1, 1986, the rent shall be $807.00 and in each case rent shall be subject to increase as specified in this paragraph. j The monthly rental shall be subject to adjustment as of October 1, 1986 and as of October 1st of each year thereafter during the term of this Lease. In no case shall the adjusted rent be less than the current rent. The adjustment shall be equal to the increase in the Consumer Price Index for the twelve month period (commencing May 1 and ending April 30, hereinafter the "adjustment period ") prior to the date of adjustment. The rental adjustment shall be calculated by adding each monthly percentage increase during .t he adjustment period, subtracting any decreases and multiplying the total by the monthly rent in effect prior to the adjustment. The Consumer Price Index (All Urban 1. Consumers -All Items) for the Los Angeles -Long Beach- Anaheim, California area as published and released by the Bureau of Statistics for the United States Department of Labor shall be the index utilized for calculating rental adjustments. If the Consumer Price Index, as now, compiled and published, is superseded by another index, then the new index shall be used to calculate the increase in rent provided that an appropriate conversion from the old index to the new can feasibly be made. If such conversion cannot be made, or if no such index is published, then another index generally recognized as authori- tative shall be substituted by agreement. Rent for any fractional part of any month between the commencement date and the first date of the first full calendar month within the Term shall be prorated, and paid by Lessees to City along with the first full month of rent due hereunder. Lessee stipulates and agrees that this lease constitutes _ the sixty (60) days, written notice of rental increases required by the Mobilehome Residency Law and Lessee acknowledges that no additional written notice need be given by City; provided, -7- however, City may provide Lessee with sixty (60) days' written notice of the precise amount of any rental increase authorized by this paragraph and City and Lessee agree that such notice shall not constitute a waiver of City's right to rely upon the adequacy of the notice provisions in this paragraph. 6. RELEVANT STATUTES AND RULES. The Mobilehome Residency Law requires this Lease to contain, among other things, the rules and regulations of Marina - park and the language of the Mobilehome Residency Law. The rules and regulations of Marinapark are attached as Exhibit "B," the provisions of the Mobilehome Residency Law are attached as Exhibit "C," and both documents are incorporated Into this Lease by reference. The Marinapark rules and regulations and the Mobilehome Residency Law may be amended or modified from time to time, and these amendments and modifications shall be deemed to be incorporated into the documents attached as Exhibits "B" and "C" when effective. 7. LATE CHARGE. If the entire rent owed by Lessee is not received by City by the 10th day following. its due date, then, without any requirement for notice to Lessee, Lessee shall pay to City a late charge of $35.00. The parties agree that such a late charge represents a fair and reasonable estimate of the costs City will incur by reason of any late payment of rent. An acceptance of a late charge by City shall not constitute a waiver of Lessee's default with respect to rent, nor prevent City from exercising any of the rights or remedies granted by this Lease.. 8. SALE OR ASSIGNMENT. Lessee may sell the mobilehome located on the premises pursuant to the rights, and subject to the obligations, of Lessee under the Mobilehome Residency Law and any other appli- cable statutes. If the mobilehome that is the subject of the sale or transfer, is to remain in the park, or if Lessee proposes to assign Lessee's Interest in this Lease to any person or persons who is (are) to reside on the premises, Lessee and /or the proposed transferee must do the followings A. Lessee must give notice of the sale or assignment to City prior to close of escrow; -8- Be The sale or assignment shall not be effective unless the City has given prior written approval, the transferee has exeouted the assignment of lease form provided by City, and the transferee has expressly agreed to be bound by the waivers and releases provided in the Lease. C. Lessee, in view of the requirement that the Premises shall constitute Lessee's primary residence,,agrees.not to sublease or otherwise transfer any partial Interest in this Lease, except to the extent that the right to sublet or transfer Is specifically provided by law and, in no event to 'a person or persons not using the premises as a primary residence.. D. City shall approve any such transfer, if the transferee has the financial ability to pay the rent and charges and otherwise comply with the terms and conditions of this Lease, provided, however, City may withhold approval if it determines that, based upon the transferee's prior teni�neles, the transferee will not comply with the rules or regulations of Marinapark (Exhibit "B "). S. The City, in the event of a sale of a mobilehome to a third party, and in order to upgrade the quality of the park, may require that a mobilehome be removed from the park, when@ (1) it Is _less than ten feet widel (2) it is more than twenty (20) years old, or more than twenty- five.(25) years old if manufactured after September 15, 1971, and is twenty (20) feet wide or more, and the mobilehome does not comply with the health and safety standards provided in Section 185509 18552 and 18805 of the Health do Safety Code and the regulations established thereunderl (3) the mobilehome Is more than seventeen (17) years old, or more than twenty -five (25) years old if manufactured after September 15, 1971, and is less than twenty (20) feet wide and the mobilehome does not comply with the construction safety standards under Sections 188509 18852 and 18805 of the Health dt .Safety Code and the regulations established thereunder; or (4) it In In a significantly run down condition or In disrepair, as determined by the general condition of the mobilehome and Its acceptability of the health and safety of the occupants and the public exclusive of its age. . F. Should: Lessee,"-during `.the ­term of this Lease, elect - Wsell` or assign -its .interest in this Lease, City shall have the right 'of first refusal-to acquire the interest on such terms and conditions as may be acceptable to Lessee, and on failure of the'parties to agree on terms within ten (10) days after written notice thereof from Lessee, Lessee shall be free to .9- sell or assign Lessee's interest in this Lease, subject to the terms and conditions of this Lease. G. Notwithstanding any other provision in this Lease, Lessee shall have the.right. to assign its interest in.this Lease to a spouse, son and /or daughter without any requirement that City be given the right of, first refusal to .acquire the Interest and without payment of. the transfer fee. specified in paragraph 10, provided, however, the premises shall be used as the primary residence of the assignee and the assignee shall be bound by all provisions of this Lease, including, without limitation, the waiver of relocation assistance. 9. UTILITIES. A. The City shall not provide electricity or tele- phone service. Lessee shall make arrangements directly with the utilities furnishing the services and promptly pay all charges; B. The City shall provide Lessee with water and gas service. The Initial charge to Lessee for such service shall be based upon the expenses incurred by City for gas and water utili- zed within Marinapark, for all purposes, ( "total cost ") for the period commencing August 1, 1984 and ending July 31, 1985 (rating period). The initial monthly charge to Lessee shall be calcula- ted by dividing the "total cost" by twelve (monthly cost) and then dividing the monthly cost by the number of tenancies with Marinapark (total tenancies). Charges for gas and,water service shall be increased or decreased on the first day of October, 1986, and on the first day of October during each subsequent year of this Lease in accordance with increases or decreases In "total cost" or "total tenancies" during the preceding rating period (August 1st through July 31st). C. The charges for gas and water service shall be paid when rent is due, and is In addition to the obligation to pay rent. In the event Lessee fails to pay charges for water or gas service within ten days after the amount is due, Lessee shall pay to City a late. charge of $35.00; D. In the event City provides both master meter and submeter service of utilities to Lessee, the cost of the charges for each billing period shall be separately stated and shall contain opening and closing readings of the meter. In such i event, City shall post rates charged by the appropriate utility in a conspicuous place; -10- B. City shall injury and Lessee shall reduction of rent, by rei utility or service if the age, repairs, maintenance, able control of City. 10. TRANSFER FEE. not be liable for any loss, damage or of be entitled to any abatement or ,on of City's failure to furnish any failure is caused by accident, break - or any other cause beyond the reason- . Lessee requests that City perform certain services in connection with the sale of any mobilehome to remain within the Park, and /or the sale or assignment of Lessee's interest in this Lease. The services to be performed by City, at Lessee's request, include, but are not necessarily limited to, the prepar- ation of the documents by which the leasehold interest is assigned and the inspection of the property to be .transferred. The City and Lessee agree that a reasonable fee for the perfor- mance of these services is the sum of $2,500.00. 11. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS. City agrees to maintain, in good working order and conditions, the grounds, common areas, common facilities, streets, City -owned buildings, and any other publicly -owned improvements on the Marinapark property. Lessee shall, at their cost and expense, maintain, in good order and condition, any mobilehome, cabana, or other improvement located on the premises. Lessees also agree that all landscaping on the premises shall be limited to three (3) feet In height to preserve views and open space. The City may charge a reasonable fee for services relating to the maintenance of the premises upon which the mobilehome is located in the event Lessee fails to maintain the property in accordance with the provisions of this Lease and the rules and regulations of Marinapark (Exhibit "B ") after giving written notification to Lessee and Lessee's failure to comply within fourteen (14) days from the date of notice. The notice shall contain all information required by the Mobilehome Residency Law. 12. PHYSICAL IMPROVEMENTS AND SERVICES. The physical Improvements to be provided Lessee during the term of this Lease include the nonexclusive right to use all of the eomnon areas and common facilities located within Marinapark, such as streets, nonrestricted parking areas, reerea- tional facilities and equipment, q pment, laundry facilities and other -11- facilities, equipment and conveniences located in the common areas and common facilities and designated for use by residents. The services to be provided by City during the term of this Agreement include the services to be provided by the Marinapark manager and other employees and officers of City, the utilities to be provided by City specified in Paragraph 9, and the maintenance of all common areas and common facilities.in good working order and condition. 13. CHANGES IN MARINAPARK RULES AND REGULATIONS, PHYSICAL IMPROVEM M 5 AND SERVICES. The City retains the right to amend or modify the Marinapark rules and regulations, the terms of this Lease, and the nature of the physical improvements for services to be provi- dedl after complying with the provisions of the Mobilehome Resi- dency Law and other applicable law. The right to amend the terms of this Lease, the Marinapark rules and regulations, and the physical improvements and services to be provided by City, Include, without limitation, the right to reduce the size of, or eliminate, any physical improvement, common area, common facility, or equipment, provided, however, no changes shall be made to the provisions of this Lease, specifying the term of the Lease or the rent to be charged unless those changes or amendments are permitted by other provisions of this Lease. 14. RIGIJT OF ENTRY. A. Lessee, subject to the right of revocation as set forth in the Mobilehome Residency Law, hereby grants written consent to City to enter the premises and Lessee's mobilehome for the purpose of improving, maintaining, repairing or replacing gas, water and sewage systems owned and maintained by City. Any damage, loss or injury to Lessee's home, property of Lessee, or the premises which results from efforts of City to maintain, repair, improve or replace the gas, water or sewage systems, shall be the sole responsibility of Lessee, and City shall not be responsible for reimbursing any cost or expense incurred by Lessee as a result of such efforts, nor shall City be responsible for repairing, replacing or otherwise restoring the mobilehome, the premises or any improvements .thereon, to the state or condition immediately prior to the maintenance, replacement or -12- repair efforts premises for Residency Law. The City also other purposes reserves the right to enter the s specified in the Mobilehome B. City is contemplating widening the public walkway located along the easterly boundary of Marinapark. In order to accomplish this widening it may be necessary to relocate existing improvements on the premises a distance of five feet (51) to the west. City hereby reserves the right to relocate mobilehome and other improvements on the premises a distance of five feet (51) to the west of its current location, the relocation to be at City expense, provided, however, Lessee shall bear any expense incurred by City in excess of the sum of $10,000.00. 15. HOLD HARMLESS. Lessees covenant that they will indemnify, defend and hold City, its officers, agents and employees harmless from any and all claims or demands of any. name or nature whatsoever arising out of, or incident to, the use and occupancy of the Premises, and to indemnify City for any cost, liability, or expense caused by or arising out of any injury or death of persons or damage to property which may occur upon or about the leased premises or caused by or arising out of any activities or omission of Lessees, their agents, employees, licensees and/or invitees, including, without limitation, injury or death of Lessees, their agents, employees, licensees. and invitees and damage to their property or Lessee's property, except for any damage or injury of any kind arising out of the negligence of City, its officers, agents, or employees. Lessees, as a material part of the consideration under this Lease, hereby waive all claims against City for any damage or loss from any cause arising at any time, including, but not limited to fire, theft, Acts of God, vandalism or any physi- cal damage while the coach remains in the mobilehome park, other than the negligence of City's agents, officers or employees. Lessees do hereby agree to Indemnify and hold City, its officers, agents and employees harmless from and on account of any damage or injury to any person or equipment on the coach arising from -15- any cause or from the negligence of a Lessee, his or her family or guests. Since a substantial portion of the present value of Lessee's mobilehome or coach is attributable to the value of the premises and the and the proximity of the premises to lower Newport Bay, and. not the value of the structural improvement, Lessee, in addition. to the other commitment specified in paragraph 4, agrees to indemnify and hold City, its officers agents, and employees harmless from any and all loss or injury of any nature whatsoever arising out of or attributable to such a change of use and the requirement that Lessee remove his home and other property from the Marinapark. 16. TERMINATION. ` A. Lessee may terminate this Lease without any further liability to City, upon sixty (60) days' written notice to City and upon condition that all persons occupying the premises terminate their tenancy within that period and remove the mobilehome or recreational vehicle and all other improvements, from the premises. B. The City may terminate this Lease for the reasons specified, and according to the procedures set forth, in the Mobilehome Residency Law. C. In addition to the rights specified in subpara- graph B, the City reserves the right to terminate this Lease in the event: (1)• a court of competent jurisdiction determines that residential use of the property is inconsistent, or in conflict, with the provisions of the public trust imposed upon those por- tions in Marinapark that constitute state tideland, or that the residential use is inconsistent with any provision of the state constitution or state law; (2) there Is a major failure in one or more of the public utilities furnished Lessee by City, and, in the opinion of City, the cost of repairing the system is exces- sive when viewed in light of the contemplated conversion to public recreation use at the expiration of this Lease. D. The waivers and releases relative to relocation benefits or assistance shall operate to preclude recovery of same by Lessee in the event this Lease Is terminated pursuant to the provisions of this paragraph. -14- 17. ATTORNEYS' FEES. Should either City or Lessees be required to employ counsel to enforce the terms, conditions and covenants of this. Lease, the prevailing party shall recover all reasonable attorneys' fees (and court fees if applicable) incurred therein whether or not court proceedings were commenced. 18. REMEDIES CUMULATIVE. The rights, powers, elections and remedies of the City contained in this Lease shall be construed as cumulative and no one of them shall be considered exclusive of the other or exclusive of any rights or remedies allowed by law, and the exercise of one or more rights, powers, elections or remedies shall not impair or be deemed a waiver of City's right to exer- eise any other. 19. NO WAIVER. No delay or omission of the City to exercise any right or power arising from any omission, neglect or default of the Lessees shall impair any such right or power or shall be construed as a waiver of any such omission, neglect or default on the part of the Lessees or any acquiescence therein. No waiver of any breach of any of the terms, cove- nants, agreements, restrictions or conditions of this lease shall be construed as a waiver of any succeeding breach of the same or of any of the terms, covenants, agreements, restrictions or conditions of this lease. 20. COMPLIANCE WITH LAWS. Lessees covenant and agree to comply with all rules, regulations, statutes, ordinances and laws of the State of California and the City of Newport Beach or any other governmental body or agency having lawful jurisdiction over the leased property; and Lessee further agrees to comply with all the Rules and Regulations of Marinapark. 21. MOBILEH M8 RESIDENCY LAW /WNING AND USE PERMIT INFORMATION: A. Lessee acknowledges having received and read a copy of this Lease, the provisions of the Mobilehome Residency Law (Exhibit "_ ") as presently constituted, and the Marinapark Rules and Regulations (Exhibit "_ "). -Is- i - B. Marinapark is currently zoned unclassified and there are no conditional use permits or other permits required to operate Marinapark as a mobilehome park. The City of Newport Beach owns the ground on which Marinapark is located except to the extent the property is subject to the public trust applicable to tidelands. ENTIRE AGREEMENT. This Lease and the documents referred to herein constitute the entire agreement between City and Lessee and terminates and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether written or oral, including, without limitation, the termination of any rights of either party under the 1976 Lease. 23. NOTICES. It is mutually agreed that any notice or notices provided for by this lease or by law, to be given or served by Lessees, may be given or served by mail, registered or certified, with postage prepaid, on the City of Newport Beach, addressed to the Mayor, City Manager, or City Clerk, 3300 Newport Boulevard, Newport Beach, California 92663, or at such other address as may be hereafter furnished to the Lessee in writing. If notice is Intended to be served by City on Lessees, it may be served either: A. By delivering a copy to the Lessee personally; and B. If he be absent from the mobilehome, by leaving a copy with some person of suitable age and discretion who may be occupying the mobilehome; or C. If no one can be found, then by affixing a copy of the notice in a conspicuous place on the premises or mobilehome and also sending a copy through the mail addressed to the Lessee. Such service upon the City or Lessee shall be deemed complete at the expiration of seventy -two (72) hours from and after the deposit in the United States mail of such notice, demand or communication. -16 l IN WITNESS WHEREOF, the parties have caused this Lease to be executed the day and year first above written. APPROVED AS TO POiil4ls City Attorney -17- CITY OF NEWPORT BEACH a municipal corporation .By. LESSEE: By MEMORANDUM OFFICE OF THE CITY ATTORNEY August 27, 1985 TO: Wanda Raggio, City Clerk FRAM: Robert H. Burnham RE: Publication of Notice - Mari: _U Lease Please publish the following Notice in the paper today: "NOTICE OF PUBLIC HEARING NOTICE is hereby given that the City Council of the City of Newport Beach will hold a Y public hearing on the proposed lease of spaces -°' within Marinapark. The leases would be granted to existing tenants and would expire in March, 20009 and provide for increased rents and the waiver of relocation assistance. NOTICE IS HEREBY GIVEN that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the City Clerk's Office, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California 92658 -8915 (714) 644 - 3005." Memo to Wanda Ragge • Page 2 August 27, 1985 Please maintain a copy f the attached in your files. w.. • f" Robert H. Burnham City Attorney RHB /jc cc: Robert Wynn OFFICE OF THE CITY ATTORNEY August 27, 1985 TO: Robert Wynn, City Manager FROM: Robert H. Burnham RE: Marinapark - Notice Attached are copies of the correspondence to Wanda in connection with the publication of the Notice of Public Hearing. Everything must be done within five days after the City Council takes action, and therefore, the Notice of Determination must be filed with the County Clerk, in Santa Ana, within five days after such action being taken. / overt ti. tsur ity Attorney RHB /jc Enclosures Attachments OTICE OF DETERMINATION TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk ® Public Services Division P.O. Box 838 Santa Ana, CA 92702 FROM:! CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 Newport Boulevard P.O.Box 1768 Newport Beach, CA 92658 -8915 SUBJECT: Filing of Notice of Determination -in compliance with Section 21108 or 21152 of the Public Resources Code. PROJECT TITLE: MARINAPARK LEASES PROJECT LOCATION: Balboa Blvd, and 18th Street, Newport Beach, Ca PROJECT tenants DESCRIPTION: Execution of new mobilehome leases.between the existing and the City of Newport Beach. CONTACT PERSON: Robert L. Wynh TELEPHONE NO714- 644 -3000 ' STATE CLEARINGHOUSE NUMBER - - - -- This is to advise that the City of Newport Beach has made the following determinations regarding the above described project: 1. The project has been Q approved by the City of Newport Beach. ❑ di sapproved 2. The project Q will have a significant effect on the environment. ® will not 3. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration is attached. DATE RECEIVED FOR FILING: Patricia Temple Date 0 0 Notice of Determination 4. Mitigation measures _were,. xx were not made a condition of approval of this project. 5. A Statement of Overriding Considerations was , xx was not adopted for this project. 6. The Final Environmental Document and the record of the project approval may be examined at the C ty.Clerk's.office. of. the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 -8915, 714- 644 - 3.005,. � t NEGATIVE DECLARATION . TO: Q Secretary for Resources FROM: PLANNING DEPARTMENT 1416 Tenth Street CITY of NEWPORT BEACH Sacramento, CA 95814 P.O. BOX 1768 NEWPORT BEACH, CA 92658 -891$ County Clerk of the County of Orange P.O.Box 838, Santa Ana, CA 92702 . NAME OF PROJECT: MARINAPARK LEASES PROJECT LOCATION: Balboa Blvd. and 18th Street, Newport Beach, California PROJECT DESCRIPTION: Execution of new mobilehome leases between the existing tenants and the City of Newport Beach. . FINDING: Pursuant to the provisions of City Council Poii:cy K -3 pertaining to �+ procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project. and determined that the proposed project will not have a significant effect on the environment. i MITIGATION MEASURES: None INITIAL STUDY PREPARED BY: The City of Newport Beach INITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard, Newport Beach, CA DATE RECEIVED FOR FILING: Patricia Temple Environmental Coordinator Date: August 23, 1985 NEGATIVE DECLARATION FOR RENEWAL OF THE NEWPORT MARINAPARH LEASES PREPARED BY THE CITY OF NEWPORT BENCH 1. Project Description. The project consists of the execution of a new lease between the City of Newport and existing tenants of 58 mobilehome park spaces in Newport Marinapark. The term of the lease is 14 years, contains a new rent schedule, provides for a waiver of relocation benefits and other forms of assistance upon termination, and provides an opportunity for widening of a public walkway extending northerly from Balboa Boulevard along the easterly end of the park to the public beach adjacent to lower Newport Bay. The project does not involve any alterations to the land, nor the construction of any physical facilities except for the public walkways noted above. 2. Project Location. The Newport Marinapark is located east of 18th Street, between Balboa Boulevard and Newport Bay on Balboa Peninsula. The precise location is shown on Exhibit "B" attached to the proposed lease. 3. Discussion of Environmental Impacts. The execution of new leases by existing tenants will not involve any physical change to the site, and therefore, will not create any significant environmental impacts. The construction of the public walkways will provide improved public access to the existing public beach and will not have any significant adverse impacts. The execution of the new leases will not affect public access to the shoreline. The new leases will conclude the necessity of relocating residents of the park. The new leases will also increase city revenues. Increased revenues will enhance recreational opportunities in the vicinity, the substantial amount of housing affordable to persons of low and moderate income will be preserved. -1- i • 4. Basis for Negative Declaration. This project has been carefully ��eviewedpin conjunction with CEQA and the provisions of Sections M159'$ , 15092, and 12$3' of the state EIR Guidelines. It has been determined that the project is not in conflict with the environmental goals and plans of the community C1 y and is not in conflict with the ('eneral lance and U# element thereof, will not have any impact on the physical environment, and therefore, it has been determined that this project will not have a significant impact on this environment. In view of the above discussion of Environmental Impacts and the criteria set forth in these sections, it has been determined that the project is not in conflict with the environmental goals and plans of the community, is not in conflict with the General Plan, will not have any impact on the physical environment, and will improve public access to the existing public beach. Therefore, it has been determined that this project will not have a significant impact on the environment. -2- INITIAL STUDY I. Background 1. Tame of Proponent aq op NaiyF yRT JF-Ac _ 2.. Address and Phone Number of Proponent 83MNEI!/P02T 3. Date of Checklist Submission 6. Agency Requiring Checklist C IT4 OE` PIEu1 02T _BEAGI-1 S.. Name of Proposal. if applicable MA21NASAM, 5A,5F5 II. Environmental Impacts (Explanations of all "yes" and "maybe" answers are required on attached sheets.) 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, com- paction or overcovering of the soil? c.. Change in topography or ground surface relief features? d. The destruction, covering or modi- fication of any unique geologic or physical features? e. Any.increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach.sands,.or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? YES MAYBE ND x c. Alterations to the course of flow of flood waters? )C' d. Change in the amount of surface water in any water body? e. Discharge into surface waters or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of.ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? u h. .Substantial 'reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water related hazards such as flooding or tidal waves? • YES MAYBE NO g. Exposure of people or property to geological hazards such as earth- quakes, landslides, mudslides, ground failure, or similar hazards? x 2. Air. Will the proposal result in: a. Substantial air emissions or deteri- oration of ambient air quality? k b. The creation of objectionable odors? c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? X 7. Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? x b. Changes in absorption rates., drainage patterns, or the rate and amount of k surface runoff? c. Alterations to the course of flow of flood waters? )C' d. Change in the amount of surface water in any water body? e. Discharge into surface waters or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of.ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? u h. .Substantial 'reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water related hazards such as flooding or tidal waves? YES MAYBE NO 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? k b. Reduction of the numbers of any unique, rare or endangered species X of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? x d. Reduction in acreage of any agricultural crop? 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, X or insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? k c. Introduction of new species of ani- mals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? X .6., Noise. Will the proposal result in: a. Increases in existing noise levels? x b. Exposure of people to severe noise X levels? 7. Lipht and Clare. Will the proposal produce new light or glare? B. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? _ CX 9. Natural Resources. Will the proposal - result in: a. Increase in the rate of use of any natural resources? b.. Substantial depletion of any non- renewable natural resource? .10. Risk of OpseC. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? 13. Transportation /Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and /or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazardous to notor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered Rovernmental services in any of the folio-ding areas: YF.S MAYBE No x X k x a. Fire protection? b.. Police protection? C., schools? d. Parks or. other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. .Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in the. obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open.to public view? YES MAYBE NO x x X )C k X I 19. Recreation. Will the proposal result in an impact upon the quality or Quantity of existing recreational opportunities? 20. Archeological /Historical. Will thr proposal result in so alteration of a significant archeological or historical site, structure, object or building? 21. Mandatory Findings of Significance. a. Does the.project have the potential to degrade the quality of .the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish . or wildlife population to drop below ,self- sustaining levels, threaten to eliminate a plant or animal'community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short -term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief definitive period of time while long- term impacts will endure well into the future.) c. Does the project have impacts which are 'individually limited, but cumu- latively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. Discussion of Environmental Evaluation IV. Determination YES PAYEE 10 1 X Y On the basis of this initial evaluation: PeNj I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ED I find that although the proposed project could have a significant effect 'on the environment, there will not be a significant-effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. 0 I find the proposed project MAY have a significant effect on the. environment, and an ENVIRONMENTAL IMPACT REPORT is required. I - =i NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the proposed lease of spaces within Marinapark. The leases would be granted to existing tenants and would expire in March, 2000, and provide for increased rents and the waiver of relocation assistance. A Negative Declaration has been prepared by the City of Newport Beach in connection with the foregoing application, which states that the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept'said Negative Declaration and supporting documents (copies are available for public review and inspection at the City Clerk's Office, 3300 Newport Boulevard, Newport Beach, CA 92663 (714)644- 3005). The City encourages members of the general public to review and comment on this documentation. This is not to be construed as either approval or denial by the City of the subject application. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held at the hour of 7:30 p.m., on the 9th day of September, 1985, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, CA, at which time and place interested persons may appear and be heard thereon. 1 WANDA E. RAGGIO, CITY CLERK City of Newport Beach NOTICE OF PLJHLIC HEARING Notice is hereby given that Planning Commission of the CIO of Newport Beach will hold a public hearing on the application of for USE PERMIT RESUBDIVISION VARIANCE AMENDMENT TENTATIVE TRACT MAP OTHER on property located at Request This it is categorically exempt NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed Is either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative c1 t' n s orting documents are available for public review and inspection at the � a . City of Newpork Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (714) 644- ,( 3005. Ac` NOTIC, AISAREA FUR'�R /GIVEN ►thatk an EhvironntentaLk Imoadt Rep &rt hasAbeed prenar & its accept the Environmental Impact ,Report and supporting documents. The City encourages members of the general public to review and comment on this documentation. Copies. of the Environmental Impact Report and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (714) 644 -3225. NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document, and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 -8915 (714) 644 -3200. Notice is hereby further given that said public hearing will be held on the day of , at the hour of 7:30 p.m, in the Council Chambers of_ the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. For information call (714) 644 -3200. John Kurlander, Secretary, Planning Commission, City of Newport Beach NOTE: The expense of this notice,is paid from a filing fee collected from the applicant. e...:ih :' .. ?6d 1C P'. -C Sp -[.. efl L_•'.:;!.,5 .! a: nCecs public no -sees by J9cree of ;r.e S;:perior Courl of o : sage County, Calsom,a. N„mher A -6214, Cased 29 Sep!a!, be:, 1961, and A- 24831, dated 11 June. 1963, STATE OF CALIFORNIA County of Orange p„ . A6ry :FnQ {prv�E m 10 pti. caWmn Mla I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS- PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Public Hearing of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for i time cVX99M4AXWAMk19 to wit the issue(s) of August 29 198 5 198_ 198_ 198_ 198_ I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August sc 198 s at Costa Mesa, California. Signature , -,L-, NOTICE OF MIBLIC HEARING NOTICE IS HEREBY IVEN that the City CWr'dI Me City of Newport Beech for of re- e. A M Is he Omangp Augwt 2e, Th-2es .. �a