HomeMy WebLinkAbout85-69 - Marinapark Mobilehome Park Long Term LeasesRESOLUTION NO„ 85 -69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND THE
CITY CLERK TO EXECUTE NEW LONG TERM LEASES
WITH EXISTING TENANTS OF THE MARINAPARK
MOBILEHOME PARK
WHEREAS, City is the owner, and is in possession and
control, of a parcel of real property, consisting of tidelands
and uplands, located northerly of Balboa Boulevard and between
Fifteenth Street and Nineteenth Street in Newport Beach, commonly
known as Marinapark and generally described on the plot plan
attached as Exhibit "A" (hereinafter "plot plan ");
WHEREAS, 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 release the property;
WHEREAS, pursuant to a lease dated March 24, 1976,
(hereinafter 111976 Lease "), the City leased 58 trailer park
spaces in Marinapark as shown on the plot plan, under a standard
lease which would have expired on the 30th day of September,
1985, subject to the right of the Lessee to extend the term of
the lease for a five (5) year period should the City Council
determine, prior to that date, Marinapark was not required for
any trust, or any public, purpose;
WHEREAS, the existing tenants of Marinapark have asked
the City Council to enter into a long -term lease with the
understanding the City would have the right to convert Marinapark
• to a public recreation area upon expiration of the lease;
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WHEREAS, the Marinapark Ad Hoc Committee recommends the
City Council authorize the Mayor and the City Clerk to execute
the long -term lease (attached as Exhibit "A," hereinafter
referred to as the "Lease "), which provides for increased rents
and a waiver of relocation assistance to which tenants may
otherwise be entitled upon conversion of Marinapark to a public
recreation area;
WHEREAS, the City Council finds that it is in the best
interests of the City of Newport Beach to enter into the Lease
because of the increased revenue derived by the City and the
right to convert Marinapark into a public recreation area upon
the expiration of the Lease, or shortly thereafter, without
payment of relocation benefits or other forms of assistance to
persons displaced due to the conversion;
WHEREAS, the City Council finds and declares that the
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;
WHEREAS, the City Council finds and declares that the
terms and conditions of the Lease are not inconsistent with the
provisions of the public trust imposed upon those portions of
Marinapark 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 the lease, established
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its right to convert the property to public recreational use upon
expiration of the Lease without obligation to pay relocation
benefits, or provide other forms of assistance, to displaced
tenants;
• WHEREAS, the City Council finds and declares that the
terms and conditions of the 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 the Lease are
effectively and efficiently used to enhance the public
recreational use of nearby tidelands;
WHEREAS, the City Council finds and declares that the
terms and conditions of the 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;
WHEREAS, the City Council also finds and declares that
the provisions of the 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
WHEREAS, the terms and conditions of the Lease are in
compliance, and consistent, with the! provisions of the Mobilehome
Residency Law (Section 798, et seq. of the Civil Code) and the
State Zoning and Planning Act (Sections 65863.7 and 65863.8 of
the Government Code).
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NOW, THEREFORE, BE IT RESOLVED that the Mayor and City
Clerk are hereby authorized to execute a Lease with each of the
existing Marinapark tenants, the form and content of the Lease to
be substantially identical to Exhibit "A."
0
ADOPTED this 9th day c
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City Clerk
•
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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 plan
attached as Exhibit "A" (hereinafter "plot plan ");
B. The property within Marinapark was under lease prior
to the effective date of the Charter of the City of Newport Beach
and, pursuant to the provisions of Section 1402 of the City
Charter, the City Council is empowered to authorize execution of
this Agreement by the Mayor;
C. Prior to the effective date of this lease, and pursu-
ant to a lease dated March 24, 1976, (hereinafter 111976 Lease "),
the City leased 58 trailer park spaces in Marinapark as shown on
the plot plan, under a standard lease which would have expired on
the 30th day of September, 1985, subject to the right of the
Lessee to extend the term of the lease for a five (5) year period
should the City Council determine, prior to that date, Marinapark
was not required for any trust, or any public, purpose;
D. The City Council presently intends to convert Marina -
park to a public recreation area upon expiration of this lease;
E. The City Council finds that it is in the best
interests of the City of Newport Beach to enter into this Lease
because Lessees have agreed that City has the right to convert
Marinapark into a public recreation area upon the expiration of
• this Lease, or shortly thereafter, without payment of relocation
benefits or other forms of assistance to persons displaced due to
the conversion;
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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 rinds and declares that the
provisions of this Lease are consistent with the plans, policies,
rules and ordinances of the City of Newport Beach and, more
• specifically,' are consistent with the General Plan, which
provides that the mobilehome park may be continued until phased
out, and the Land Use Plan of the Local Coastal Program which
specifies that it is the intent of the City to preserve the
mobilehome park as a means of providing a variety, of housing
opportunities within the City; and
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K. The terms and conditions of this Lease are in compli-
ance, and consistent, with the provisions of the Mobilehome
Residency Law (Section 798, et seq. of the Civil Code) and the
State Zoning and Planning Act (Sections 65863.7 and 65863.8 of
the Government Code).
NOW, THEREFORE, the undersigned parties do hereby mutually
agree as follows:
1. DESCRIPTION OF PREMISES.
The City leases, and Lessee accepts the lease of, the
property described as space as shown on the plot plan,
attached as Exhibit "A ", (hereinafter "Premises ").
2. TERM.
The tenancy created by this Lease shall commence as
of the date on which the Lease is signed by Lessee and shall
expire on March 15, 2000, unless earlier terminated in accordance
with the terms of this Lease.
3. USE OF PREMISES.
A. The Premises shall be used only for residential
purposes, and no business or comnerciial activity shall be conduc-
ted on the Premises. No persons other than Lessee, a person in
addition to Lessee if Lessee is living alone, and the short term
guests (a guest who does not stay with Lessee for more than a
total of 20 consecutive days or a total of 30 days in any calen-
dar year) of Lessee, may reside or occupy the Premises without
the prior written consent of the City.
B. The City has found and determined this Lease is
consistent with the provisions of the 1984 Housing Element and
other relevant state and local laws, policies and plans primarily
because it preserves a significant amount of housing affordable
to persons of low and moderate income. The finding is based on
the assumption that the premises shall serve as the primary resi-
dence of Lessee, not as a second, or vacation, home. Lessee
agrees that the primary residence requirement is fundamental to
this lease, stipulates that the residency requirement will not
constitute an undue burden or hardship on Lessee in light of the
• time allowed for compliance, and Lessee agrees that, on or before
October 1, 1990, the Premises shall be Lessee's primary residence
unless this requirement is waived by the City Council due to
hardship. Lessee shall provide satisfactory proof of residence
to the City.
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C. Lessee agrees to comply with the rules and
regulations of Marinapark (Exhibit 111311) 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 Lessees
interest is preserved by the long term nature of the tenancy
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created by this lease and limitations on the amount of rent a
buyer or transferee of Lessee's interest could be charged, while
City gives up the right to substantially increase rent for the
Premises in the event of a transfer.
C. Fundamental Interest of City - Rights and
Benefits Given Up by Lessee.
The fundamental reason for City to enter into
this Lease is the right to convert Marinapark to a public recrea-
tional use upon expiration of this Lease, or shortly thereafter,
without obligation to pay relocation benefits, or provide other
forms of relocation assistance. In consideration of the rights
and benefits given up by City, and in addition to the obligation
to pay rent and comply with the other terms and conditions of
this Lease, Lessee stipulates and agrees as follows:
(1) The terms and conditions of this Lease,
specifically the commitment of City, to grant long -term tenancy
rights and to preserve the current use of the Premises until
March 15, 2000, constitute full and adequate mitigation of any
adverse impact of the proposed conversion on Lessee and the
extended term of the Lease gives Lessee sufficient time to secure
adequate replacement space in another mobilehome park or other
alternative housing;
(2) The terms and conditions of the Lease,
specifically the extended term of the Lease, is of far greater
value to Lessee than any relocation benefits or other form of
assistance could be granted to Lessee by City at or near the
expiration of the Lease and the conversion of the Premises to
public recreational use. The extended term of the Lease signifi-
cantly increases the market value of Lessee's interest in the
Premises and substantially improves the ability of Lessee to
locate potential purchasers or transferees of Lessee's interest;
(3) LESSEE HEREBY WAIVES, GIVES UP THE RIGHT TO
RECEIVE, AND RELEASES CITY FROM ANY OBLIGATION TO PAY, RELOCATION
BENEFITS, OR ANY OTHER FORM OF RELOCATION ASSISTANCE OR OTHER
PAYMENT OR CONSIDERATION THAT ARISE OUT OF, OR ARE IN ANY WAY
RELATED TO: (A) THIS LEASE OR ANIr 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 /Oft
HER PRIMARY RESIDENCE; (E) ANY FEDERAL, STATE OR LOCAL LAW, PLAN,
POLICY OR RULE WHICH RELATES TO SUCIH DISPLACEMENT, OR REQUIRES
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THE MITIGATION OF THE IMPACTS CAUSED BY DISPLACEMENT. THIS
RELEASE BY LESSEE, NOTWITHSTANDING SECTION 1542 OF THE CALIFORNIA
CIVIL CODE, WHICH PROVIDES THAT:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERI-
ALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR,"
RELEASES ALL CLAIMS OR LOSSES, WHETHER KNOWN, UNKNOWN, FORESEEN
OR UNFORESEN, WHICH LESSEE MAY HAVE AGAINST CITY. LESSEE UNDER-
STANDS AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF THIS
RELEASE AND OF THIS SPECIFIC WAIVER OF SECTION 1542 AND ASSUMES
FULL RESPONSIBILIITY FOR ANY DAMAGES, LOSS OR CLAIM THAT LESSEE
MAY INCUR AS A RESULT OF THE CONVERSION, TERMINATION, AND /OR
DISPLACEMENT REFERRED TO ABOVE. LESSEE IS FREELY AND VOLUNTARILY
EXECUTING THIS LEASE AND LESSEE, AND IN EXECUTING THIS RELEASE,
HAS NOT RELIED UPON ANY INDUCEMENTS, PROMISES OR REPRESENTATIONS
MADE BY CITY OR ITS OFFICERS OR EMPLOYEES, OTHER THAN THE COMMIT-
MENTS AND COVENANTS CONTAINED WITHIN THIS LEASE.
(4) Lessee agrees that City's right to convert
the premises to a public recreation area upon expiration of this
lease, is now believed to be in the best interests of the
citizens of, and visitors to, the City of Newport Beach.
(5) This Lease constitutes notice that City
reserves the right to convert the Premises to public recreational
use on or about March 16, 2000.
(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
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Residency Law currently obligates the City to offer a twelve (12)
month lease or a lesser term if requested by Lessee.
5. RENT.
• Lessee shall pay as rent, without deduction or
offset, on the 1st 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 lst 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 19 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,
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however, City may provide Lessee with sixty (60) days' written
notice of the precise amount of any rental increase authorized by
this paragraph and City and Lessee agree that such notice shall
not constitute a waiver of City's right to rely upon the adequacy
of the notice provisions in this paragraph.
6. RELEVANT STATUTES AND RULES.
The Mobilehome Residency Law requires this Lease to
contain, among other things, the rules and regulations of Marina -
park and the language of the Mobilehome Residency Law. The rules
and regulations of Marinapark are attached as Exhibit 1113," 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 1113" and
"C" when effective.
7. LATE CHARGE.
If the entire rent owed by Lessee is not received by
City by the 10th day following its due date, then, without any
requirement for notice to Lessee, Lessee shall pay to City a late
charge of $35.00. The parties agree that such a late charge
represents a fair and reasonable estimate of the costs City will
incur by reason of any late payment of rent. An acceptance of a
late charge by City shall not constitute a waiver of Lessee's
default with respect to rent, nor prevent City from exercising
any of the rights or remedies granted by this Lease.
8. SALE OR ASSIGNMENT.
Lessee may sell the mobilehome located on the
premises pursuant to the rights, and subject to the obligations,
of Lessee under the Mobilehome Residency Law and any other appli-
cable statutes. If the mobilehome that is the subject of the
sale or transfer, is to remain in the park, or if Lessee proposes
to assign Lessee's interest in this Lease to any person or
persons who is (are) to reside on the premises, Lessee and /or the
proposed transferee must do the following:
A. Lessee must give notice of the sale or assignment
to City prior to close of escrow;
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B. The sale or assignment shall not be effective
unless the City has given prior written approval, the transferee
has executed the assignment of lease form provided by City, and
the transferee has expressly agreed to be bound by the waivers
and releases provided In the Lease.
C. Lessee, In view of the requirement that the
Premises shall constitute Lessee's primary residence, agrees not
to sublease or otherwise transfer any partial interest in this
Lease, except to the extent that the right to sublet or transfer
Is specifically provided by law and, in no event to a person or
persons not using the premises as a primary residence.
D. City shall approve any such transfer, if the
transferee has the financial ability to pay the rent and charges
and otherwise comply with the terms and conditions of this Lease,
provided, however, City may withhold approval if it determines
that, based upon the transferee's prior tenancies, the transferee
will not comply, with the rules or regulations of Marinapark
(Exhibit "B ").
E. The City, in the event of a sale of a mobilehome
to a third party, and in order to upgrade the quality of the
park, may require that a mobilehome be removed from the park,
whent (1) It is .less than ten feet wide; (2) It is more than
".:twenty (20) years old, or more than twenty -five (25) years old If
manufactured after September 15, 1971, and is twenty (20) feet
wide or more, and the mobilehome does not comply with the health
and safety standards provided In Section 18550, 18552 and 18605
of the Health 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, 1971, and is less than twenty (20) feet wide
and the mobilehome does not comply with the construction safety
standards under Sections 18850, 18852 and 18605 of the Health do
Safety Code and the regulations establlished 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.
• Pc.. Should ;Lessee$- during '`the term of this 'Lease,
elect - to` sell" or assign its :.interest In this Lease, City shall
have the.rigW.of first refusal -to acquire the interest on such
.terms and conditions'.as may be acceptable to Lessee, and on
failure-of the'partles to agree on terms within ten (10) days
after written notice thereof from Lessee, Lessee shall be free to
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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. ITI'ILITIES.
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 audition to the obligation to
pay rent. In the event Lessee fails to pay charges for water or
gas service within ten days after the amount is due, Lessee shall
pay to City a late charge of $35.00;
D. In the event City provides both master meter and
• submeter service of utilities to Lessee, the cost of the charges
for each billing period shall be separately stated and. shall
contain opening and closing readings of the meter. In such
event, City shall post rates charged by the appropriate utility
in a conspicuous place;.
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E. City shall not be
injury and Lessee shall not be
reduction of rent, by reason of
utility or service if the failure
age, repairs, maintenance, or any
• able control of City.
10. TRANSFER FEE.
liable for any loss, damage or
entitled to any abatement or
City's failure to furnish any
is caused by accident, break-
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 goad order and condition, any
mobilehome, cabana, or other improvement located on the
premises. Lessees also agree that all landscaping on the
premises shall be limited to three (3) feet in height to preserve
views and open space. The City may charge a reasonable fee for
services relating to the maintenance! of the premises upon which
the mobilehome is located in the event Lessee fails to maintain
the property in accordance with the provisions of this Lease and
the rules and regulations of Marinapark (Exhibit "B") after
giving written notification to Lessee and Lessee's failure to
comply within fourteen (14) days from the date of notice. The
notice shall contain all information required by the Mobilehome
Residency Law.
12. PHYSICAL IMPROVEMENTS AND SERVICES.
• The physical improvements to be provided Lessee
during the term of this Lease include the nonexclusive right to
use all of the common areas and common facilities located within
Marinapark, such as streets, nonrestricted parking areas, recrea-
tional facilities and equipment, laundry facilities and other
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facilities, equipment and conveniences located in the common
areas and common facilities and designated for use by residents.
The services to be provided by City during the term
of this Agreement include the services to be provided by the
Marinapark manager and other employees and officers of City, the
utilities to be provided by City specified in Paragraph 9, and
the maintenance of all common areas and common facilities in good
working order and condition.
13. CHANGES IN MARINAPARK RULES AND REGULATIONS,
PHYSICAL IMPROVEMENTS AND SERVICES.
The City retains the right to amend or modify the
Marinapark rules and regulations, the terms of this Lease, and
the nature of the physical improvements for services to be provi-
ded, after complying with the provisions of the Mobilehome Resi-
dency Law and other applicable law. The right to amend the terms
of this Lease, the Marinapark rules and regulations, and the
physical improvements and services to be provided by City,
include, without limitation, the right to reduce the size of, or
eliminate, any physical improvement, common area, common
facility, or equipment, provided, however, no changes shall be
made to the provisions of this Lease,, specifying the term of the
Lease or the rent to be charged unless those changes or
amendments are permitted by other provisions of this Lease.
14. RIGHT OF ENTRY.
A. Lessee, subject to the right of revocation as set
forth in the Mobilehome Residency Law, hereby grants written
consent to City to enter the premises and Lessee's mobilehome for
the purpose of improving, maintaining, repairing or replacing
gas, water and sewage systems owned and maintained by City. Any
damage, loss or injury to Lessee's home, property of Lessee, or
the premises which results from efforts of City to maintain,
repair, improve or replace the gas, water or sewage systems,
shall be the sole responsibility of Lessee, and City shall not be
responsible for reimbursing any cost or expense incurred by
Lessee as a result of such efforts, nor shall City be responsible
• for repairing, replacing or otherwise restoring the mobilehome,
the premises or any improvements thereon, to the state or
condition immediately prior to the maintenance, replacement or
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repair efforts. The City also reserves the right to enter the
premises for other purposes as specified in the Mobilehome
Residency Law.
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.
C J
15. HOLD HARMLESS.
Lessees covenant that they will indemnify, defend and
hold City, its officers, agents and employees harmless from any
and all claims or demands of any name or nature whatsoever
arising out of, or incident to, the use and occupancy of the
Premises, and to indemnify City for any cost, liability, or
expense caused by or arising out of any injury or death of
persons or damage to property which may occur upon or about the
leased premises or caused by or arising out of any activities or
omission of Lessees, their agents, employees, licensees and /or
invitees, including, without limitation, injury or death of
Lessees, their agents, employees, licensees and invitees and
damage to their property or Lessee's property, except for any
damage or injury of any kind arising out of the negligence of
City, its officers, agents, or employees.
Lessees, as a material part of the consideration
under this Lease, hereby waive all claims against City for any
damage or loss from any cause arising at any time, including, but
not limited to fire, theft, Acts of God, vandalism or any physi-
cal damage while the coach remains in the mobilehome park, other
than the negligence of City's agents, officers or employees.
Lessees do hereby agree to indemnify and hold City, its officers,
agents and employees harmless from and on account of any damage
or injury to any person or equipment on the coach arising from
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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 conmitment 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.
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17. ATTORNEYS' FEES.
Should either City or Lessees be required to employ
counsel to enforce the terms, conditions and covenants of this
Lease, the prevailing party shall recover all reasonable
. attorneys' fees (and court fees if applicable) incurred therein
whether or not court proceedings were commenced.
18. REMEDIES CUMULATIVE.
The rights, powers, elections and remedies of the
City contained in this Lease shall be construed as cumulative and
no one of them shall be considered exclusive of the other or
exclusive of any rights or remedies allowed by law, and the
exercise of one or more rights, powers, elections or remedies
shall not impair or be deemed a waiver of City's right to exer-
cise 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. MOBILEHOME RESIDENCY LAW /ZONING AND USE PERMIT
• INFORMATION•
A. Lessee acknowledges having received and read a
copy of this Lease, the provisions of the Mobilehome Residency
Law (Exhibit 11 _11) as presently constituted, and the Marinapark
Rules and Regulations (Exhibit 11_11).
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•
B. Marinapark is currently zoned unclassified and
there are no conditional use permits or other permits required to
operate Marinapark as a mobilehome park. The City of Newport
Beach owns the ground on which Marinapark is located except to
the extent the property is subject to the public trust applicable
to tidelands.
22. ENTIRE AGREEMENT.
This Lease and the documents referred to herein
constitute the entire agreement between City and Lessee and
terminates and supersedes all prior and contemporaneous
agreements, representations and understandings of the parties,
whether written or oral, including, without limitation, the
termination of any rights of either party under the 1976 Lease.
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
complete at the expiration of seventy -two (72)
• after the deposit in the United States mail
demand or communication.
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shall be deemed
hours from and
of such notice,
IN WITNESS WHEREOF, the parties have caused this Lease to
be executed the day and year first above written.
CITY OF NEWPORT BEACH
• a municipal corporation
By
APPROVED AS TO FORM:
City Attorney
•
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