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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 `j n1f1 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. :s 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 Sk- _ r.3 •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- :.9 _. .mss.,._. .•I . .I. 1'.l i 11 /..I. - ... ... ......_ to L I.LII LI I.0 LJ.I l 1is a T 1 ffa It A 1 , e (7 _ y ts v � ' � ; . ?� < per: .t � - � - p • 2 a � ili YY <. L, r4 la o ol q t�tl F % 1