HomeMy WebLinkAboutC-2812 - Transfer and Compensation ServiceAgenda Item No. F-3( a)
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
April 9, 1990
TO. MAYOR AND CITY COUNCIL
FROM: Executive Assistant
SUBJECT: TRANSFER OF MARINAPARK MOBILEHOME
SPACE 12 -E C _ 2412-
a n , I990
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APPROVED
At the request of Council Member Hart, this item was
pulled from the last consent calendar. Council Members Strauss and
Hart visited the site, and additional wording has been added to the
attached transfer agreement to address their concern regarding the
City's ability to move the fence to widen the adjacent walkway.
O
Executive ssistant
I r..
Attachment
(m)
AGREEMENT REGARDING
TRANSFER OF MOBILEHOME SPACE AND
COMPENSATION FOR SERVICES AND COSTS
NEWPORT MAWAPARK
(Mobilehome Space No. 12 -E)
C - zJ/z
WHEREAS, the City of Newport Beach, a chartered
municipal corporation, is the Lessor of certain mobilehome spaces in
the park know as Newport Marinapark; and
WHEREAS, pursuant to the Lease between Marian Hersh
(hereinafter "Lessee ") and the City of Newport Beach, executed on
September 23, 1985, (hereinafter "Lease ") a Lessee of a mobilehome
space in Marinapark cannot transfer the mobilehome space without
the prior written approval of the City Council of the City of Newport
Beach; and
WHEREAS, pursuant to the Lease, Lessee has requested
the transfer of a mobilehome space and also requested that the City
perform certain services and incur certain administrative costs in
connection with the transfer of the mobilehome space; and
WHEREAS, when this document is executed, it will
represent the consent of the City of Newport Beach for the transfer of
Mobilehome Space No. 12 -E in Marinapark and agreement of Lessee
to compensate the City for services performed and costs incurred in
connection with the transfer.
NOW, THEREFORE, the City of Newport Beach hereby
consents to Lessee's transfer of all right and interest to Mobilehome
Space No. 12 -E to MARIAN HERSH, TRUSTEE under the Hersh Living
Trust dated May 28, 1982 as Vendee.
Lessee agrees to pay to the City of Newport Beach $ -0- to
reimburse the City for performance of certain services and cover
administrative costs as provided in the Lease. Lessee agrees that
said sum is reasonable compensation for the performance of services
and reimbursement for administrative costs in connection with the
transfer of the mobilehome space.
Vendee expressly acknowledges and agrees that Lessor
has the right and may at its discretion move the fence along the
public walkway located immediately to the east of the subject
mobilehome space five (5) feet to the west and thereby five (5) feet
closer to the mobilehome occupying the Space 12 -E.
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Vendee hereby acknowledges that Vendee has received a
copy of and read in its entirety, specifically consents to and agrees to
comply with all of the terms, covenants and conditions including but
not limited to the Section pertaining to Term of the Lease, a copy of
which is attached hereto.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be made and executed the 8 day of
1990.
LESSEE
�v -
MARIAN HERSH
CITY CLERK
APP VED AS TO FORM
ATTORNEY
VENDEE
MARIAN�TRUSTEE under
the Hersh Living Trust dated
May 28, 1982
CITY OF NEWPORT BEACH
A Municipal Corporal'
By
MAYOR
.t
r
! J
BRIAN G. MANION WEINSTOCK. MANION, REISMAN 8 SHORE
HAROLD WEINSTOCK' A LAW CORPORATION
LOUIS A. REISMAN
SUSSAN H. SHORE
1888 CENTURY PARK EAST - SUITE BOO
MARTIN A. NEUMANN
CENTURY CITY
MARC L. SALLUS
LOS ANGELES, CALIFORNIA 90067 -1712
•CEmIREO sAEOAUS1 - T.TION LAW
CAUFORNM BOARD OF LEGAL SPECIALRATON
May 2, 1990
Mr. Kenneth Delino, Executive Assistant
Newport Beach City Manager's Office
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Marian Hersh Estate Plan
Dear Mr. Delino:
7ELEPHONE5 12131
553 -6844 OR 879 -4461
TELECOPIER
12131 879 -4486
I,ECEHVEO `c
CITY ATTORNEY
'J 319901-
CITY OF
NEWPO.. BEACH,
CALIF.
Pursuant to your request, enclosed is the addition to the
lease agreement regarding transfer of the mobilehome space in
Newport Marinapark which has now been signed by Marian Hersh.
As you indicated in our earlier conversation, when the
signatures of the appropriate Newport Beach City officials have
been obtained, you will return the document to this office.
Thank you for your assistance with this matter.
/sf
enclosure
cc: Mrs. Marian Hersh
Sincerely,
Stella Feuer
Legal Assistant to
Harold Weinstock
+�
MAY 31990
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•CITY COUNCIL AGENDA
ITEM N0. ,e - 3 la)
AGREEMENT REGARDING
TRANSFER OF MOBILEHOME SPACE AND
COMPENSATION FOR SERVICES AND COSTS
NEWPORT MARINAPARK
(Mobilehome Space No.12-E)
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
MAR 1 21990
WHEREAS, the City of Newport Beach, a chartered
municipal corporation, is the Lessor of certain mobilehome spaces
in the park known as Newport Marinapark; and
WHEREAS, pursuant to the Lease
between Marian Hersh (hereinafter "Lessee ") and the City
of Newport Beach, executed on gapramhPr 93, 1985 ,
(hereinafter "Lease ") a Lessee of a mobilehome space in
Marinapark cannot transfer the mobilehome space without the prior
written approval of the City Council of the City of Newport
Beach; and
WHEREAS, pursuant to the Lease, Lessee has requested
the transfer of a mobilehome space and also requested that the
City perform certain services and incur certain administrative
costs in connection with the transfer of the mobilehome space;
and
WHEREAS, when this document is executed, it will
represent the consent of the City of Newport Beach for the
transfer of Mobilehome Space No. 12 =E in Marinapark and
agreement of Lessee to compensate the City for services performed
and costs incurred in connection with the transfer.
NOW, THEREFORE, the City of Newport Beach hereby
consents to Lessee's transfer of all right and interest to
Mobilehome Space No. 12 -E to MARIAN HERSH, TRUSTEE under the
Hersh Living Trust dated May 28, 1982."
as Vendee.
Lessee agrees to pay to the City of Newport Beach
$ -0- to reimburse the City for performance of certain
services and cover administrative costs as provided in the
-1-
Lease. Lessee agrees that said sum is reasonable compensation
for the performance of services and reimbursement for
administrative costs in connection with the transfer of the
mobilehome space.
Vendee hereby acknowledges that Vendee has received a
copy of and read in its entirety, specifically consents to and
agrees to comply with all of the terms, covenants and conditions
including but not limited to the Section pertaining to Term of
the Lease, a copy of which is attached hereto..
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be made and executed the day of
19
ATTEST:
City Clerk
AP i{OVED AS TO FORM
ity Attorney
LESSEE
MARIAN HERSH
VENDEE
i'
MARIAN HERSH, TRU E° under the
Hersh Living Trust
dated May 28, 1982,
CITY OF NEWPORT BEACH
A Municipal Corporation
By
MAYOR
-2-
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