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C-1784 - Marinapark Leases (Marina Park)
MARINAPARK 1770 WEST BALBOA BOULEVARD NEWPORT BEACH, CALIFORNIA 92663 RENTAL AGREEMENT This Rental agreement ( "Agreement") is entered into this day of 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation and Charter City (City or Owner) and (Tenant), and is made with reference to the recital and acknowledgments, 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, located northerly of Balboa Boulevard and between approximately 15"' Street and 18th Street in Newport Beach, commonly known as Marinapark, generally described in Exhibit "A" (Property). B. The City Council actively solicited proposals for non - residential uses at Marinapark and, as of February 2002, has deemed a non - residential use of Marinapark the most appropriate land use for the property. The City is currently investigating an alternative use of the property and a decision to change the use of the property may be made at any time. Notification of any decision to change the use of the property will be given in accordance with the Mobilehome Residency Law, Section 798.56 (g) and other applicable law.. C. California State Lands Commission staff has asserted that a portion of the Property consists of tidelands. City and Tenant have, in the past, claimed that all or substantially all, of the Property leased for mobilehome residency purposes is uplands owned by City, and City and Tenant have discussed various bases to support that claim. D. The State Lands Commission staff has asserted that permanent residential use of tidelands is inconsistent with State statutory, decisional and constitutional law. However, City and Tenant may dispute that claim. E. The terms and conditions of this Agreement are consistent, with the provisions of the Mobilehome Residency Law (Section 798 et. seq. of the California Civil Code). F. You acknowledge having received, read and understood a copy of: The attached Mobilehome Residency Law and Park Rules and Regulations each of which is incorporated by this reference. 0 0 G. The terms of residency shall be solely governed by law and by the terms of this agreement. No salesperson, broker, financial institution or any person not specifically employed by owner has the authority or right to make statements on behalf of City. The resident managers have no authority to modify this agreement. This is the exclusive agreement between City and Tenant. H. A new Tenant warrants that Tenant has read, reviewed and executed a written disclosure statement provided by the management at least three (3) days prior to the execution of this rental agreement. EQUAL HOUSING OPPORTUNITY: WE DO BUSINESS IN ACCORDANCE WITH THE STATE AND FEDERAL FAIR HOUSING LAWS. IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, HANDICAP OR DISABILITY, FAMILIAL STATUS SOURCE OF INCOME, NATIONAL ORIGIN OR ANCESTRY OR FOR ARBITRARY REASONS UNDER STATE LAW. NOW, THEREFORE, the Parties do hereby mutually agree as follows: 1. DESCRIPTION OF PREMISES: The City hereby rents to the Tenant, and Tenant accepts the rental of space number as shown on Exhibit "A" (Premises) in Marinapark, 1770 West Balboa Boulevard, Newport Beach, California 92663. 2. TERM: (select one option as provided) ❑ The tenancy created under this Agreement shall be on a month -to -month basis and shall commence on January 14, 2003. ❑ The tenancy created under this Agreement shall be for a period of twelve (12) months and shall commence on January 14, 2003, unless sooner terminated in accordance with the terms of this Agreement; ❑ The tenancy created under this Agreement shall be for a period of months (from one month to twelve months) and shall commence on January 14, 2003, unless sooner terminated in accordance with the terms of this Agreement. Rental agreements of varying duration including a 12 month or less and month -to -month have been offered. It is acknowledged that this agreement is chosen from such alternatives. The 12 month or less agreement is and remains a continuing option for the tenant upon expiration of the rental agreement under which the tenant had been 'r: 0 0 • residing until the said expiration of its term. 3. RENT: A. The monthly rent is $ per month. Tenant shall pay as rent to Owner without deduction or offset (without waiving Civil Code Section 1942) and on the first day of each month: (1) the monthly rent (as it may be adjusted as specified herein); (2) all utility charges billed to Tenants by Owner during each month as described herein (please note: utility rates for utilities billed to Tenant by Owner are set by the Public Utilities Commission and other governmental agencies. Therefore, charges for these utilities may be increased at any time in accordance with the rates established by these entities and no advance notice of increases in such rates will be given to Tenant by Owner); and, (3) guest charges (with applicable exceptions pursuant to the Mobilehome Residency Law), of $ per day for any guest who stays more than twenty consecutive days or more than thirty days in a calendar year. B. Owner may charge a reasonable fee for services relating to the maintenance of the land and premises upon which the Mobilehome is situated in the event the Tenants fail to maintain such land or premises in accordance with the Rules And Regulations of the Park after written notification to the Tenants and the failure of the Tenants to comply within fourteen (14) days. Tenants are not entitled to offset or deduct rent, or reduce the amount of rent by reason of any claim against Owner, unless by order within the final judgment of a court of competent jurisdiction. Such charges shall be billed as further rent or as a permissible fee at owner's option, and added to the monthly rent billing payable on the first of the month following the date of completion of the work performed by the management. C. Tenants shall pay when due all real property taxes attributable to Tenant's mobilehome and all improvements made by Tenant to Tenant's mobilehome space and all municipal, county, stale, federal and other taxes, fees, assessments and levies (except Owner's income taxes and franchise taxes) levied upon the Premises, or Tenant or Owner, in connection with the use and occupancy of the Premises by Tenant. D. All rent payable hereunder shall be paid in advance on the first day of each month together with all other charges set forth on the monthly billing statement, in full without deduction, offset, reduction, discount, claim of collateral debt or other obligation owing. Specifically, Tenants are not entitled to offset or deduct rent, or reduce the amount of rent by reason of any claim against Owner by reason of any independent, collateral or other legal obligation or dispute. The entitlement to rent shall not be deemed cross - collateralized with or against any other legal obligation or dispute for which Owner is claimed to be responsible to 0 0 Tenants. Payment shall be in the form of personal check, money order, or certified funds. Owner may however demand all prospective payments in cash, on not less than at least ten (10) days advance written notice. If the rent is not timely paid, demand notices to pay or quit may be served as soon as legally permitted. Rent and all other charges will be late if not paid in full by 5:00 p.m. on the 5th day of each month. Tenants must pay a late charge whenever rent or other charges are paid more than five (5) days after they are due in the amount of Thirty -Five dollars ($35.00) and a handling charge whenever a check is returned for any reason in the amount of Twenty -five dollars ($25.00). Payment will be made at the Park Office. E. Monies received for rent or other charges may be applied to the earliest outstanding sums ( "first in, first out ") and to utilities first at Owner's discretion, despite payer's instructions or endorsements purporting to restrict application of payment to a specific month or time period, or purporting to pay -in -full, satisfy or extinguish the amount or arrearage due or portion thereof. Partial payments of monthly rents or other charges may be rejected and constitute a breach of this agreement. However, tender of a part payment shall not be construed as an accord and satisfaction or release of any indebtedness if accepted, despite Tenant's purported instructions or restrictive endorsements to the contrary. Acceptance of a part payment is not a waiver of the balance billed or due. The period of time prior to the imposition of the late charge is not a grace period or option to pay late. 4. UTILITIES: A. Owner shall provide and separately bill to Tenant the following utilities: natural gas at the beginning rate of $22.00. Water usage is included in monthly rent. B. City shall not provide electricity or telephone service. Tenant shall make arrangements directly with the utilities furnishing these services and pay such utilities directly for them. Tenant shall contract with and pay directly for all other utilities it may require. The charge for gas shall be paid when rent is due, and is in addition to the obligation to pay rent. In the event Tenant fails to pay the charge for water or gas service within ten (10) days after the amount is due, Tenant shall pay to City a late charge of thirty -five dollars ($35.00). In the event City provides both master meter and submeter service of utilities to Tenant, 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. The charge to Tenant for gas service shall be the amount of the charges paid by Tenant as of June 1, 2002 ($22.00 per month). The charges for gas service may be increased or decreased on or after the first day of October. Owner further reserves the right to charge for any other separately - billed or submetered utilities or for services actually rendered under Civil Code §798.32 F1 0 0 (without reduction of rent or other charges) or Civil Code §798.41 (with reduction in rent equal to cost of initial separate billing amounts). Such amounts shall also be deemed to constitute further monthly rent. C. Owner shall not be liable for any loss or injury, and Tenant shall not be entitled to any abatement or reduction of rent by reason of Owner's failure to furnish any of the foregoing utilities when such failure is caused by accident, breakage, repairs, strikes, acts of third parties, labor disputes or by any other cause, similar or dissimilar beyond the reasonable control of Owner. (Please Note: The provisions of the paragraph below entitled "Indemnification" apply to this paragraph.) D. Tenant shall not connect, except through existing electrical or natural gas outlets or water pipes on the Premises any apparatus or device for the purpose of using electric current, natural gas, water or other utility. E. PLEASE READ CAREFULLY! FROM TIME TO TIME, THE SERVING PUBLIC UTILITY MAY SUFFER OR CAUSE POWER OUTAGES TO THE PREMISES. POWER OUTAGES ARE CAUSED BY MANY FACTORS: Storms, wind, heat, ice and high demand are the most common causes of widespread power outages; high power demand during heat waves and other times of unusually high demand may overburden electric cables, transformers, and other electrical equipment of Southern California Edison which then melt and fail. F. CAUTION: INTERMITTENT POWER INTERRUPTIONS ARE FOLLOWED BY RESTORATION OF ELECTRICITY WHICH MAY CAUSE SURGES IN ELECTRICAL POWER. POWER SURGES OFTEN AFFECT UNPROTECTED CONSUMER HOUSEHOLD APPLIANCES SUCH AS ELECTRONIC EQUIPMENT (COMPUTERS, STEREOS, RADIOS, ETC.). THE OWNER IS NOT RESPONSIBLE FOR THE DISRUPTIONS, OUTAGES, SURGES, OR OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE PREMISES WHICH ARE CAUSED BY SOUTHERN CALIFORNIA EDISON. TENANT AGREES THAT OWNER IS FULLY AND UNCONDITIONALLY RELEASED AND DISCHARGED FROM ANY AND ALL LIABILITY WHICH ARISES AS A RESULT OF THE ACTS AND OMISSION OF THE UTILITY COMPANY. IT IS THE RESPONSIBILITY OF THE TENANT, EXCLUSIVELY, TO EXERCISE PRUDENT CARE FOR PROPERTY WHICH MAY BE AFFECTED BY DISRUPTIONS, OUTAGES, SURGES, OR OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE PREMISES. ACCORDINGLY, TENANT HAS THE RESPONSIBILITY TO TAKE THE FOLLOWING PRECAUTIONS: Tenant has the responsibility, always, TO USE SURGE PROTECTORS FOR THE PROTECTION OF TENANT'S PROPERTY, especially for computer equipment, stereo equipment, radios and other electrical 5 • • appliances, devices and products which may be affected by disruptions, outages, surges, or other irregularities in the provision of electrical service. Unplug heat - producing items such as irons or portable heaters to prevent a fire when power is restored. 2. Turn off and unplug all appliances and other electrical equipment, except for a single light bulb, which will be the signal your power has been restored. This helps ensure against circuit overloading, which could delay restoration of service. 3. In the event of an outage, do not use candles for lighting during an outage, since they create a fire hazard. Use flashlights or battery- powered lanterns instead. 4. Check the neighborhood to see if others have their power. If they do, the problem may be a "tripped" circuit breaker. G. IT IS RECOMMENDED THAT TENANT OBTAIN A HOMEOWNER'S INSURANCE POLICY TO COVER DAMAGE, LOSS AND LIABILITY ASSOCIATED WITH THE DISRUPTIONS, OUTAGES, SURGES, OR OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE PREMISES AND OTHER RISKS. H. TENANTS ARE RESPONSIBLE FOR MAKING SURE THAT THEIR MOBILEHOMES AND ALL APPLIANCES AND EQUIPMENT ARE COMPATIBLE WITH THE ELECTRIC SERVICE NOW AVAILABLE, AND OWNER SHALL HAVE NO LIABILITY OR RESPONSIBILITY IF THE AVAILABLE ELECTRICAL SUPPLY IS INCOMPATIBLE OR INSUFFICIENT. TENANTS ARE RESPONSIBLE TO MATCH THE RATING FOR THE MOBILEHOME TO THE SERVICE PROVIDED AT THE PEDESTAL AND NOT EXCEED IT. TENANT PROMISES THAT THE MOBILEHOME SHALL NOT EXCEED SUCH RATING. TENANT RELEASES OWNER FROM FAILURE TO COMPLY WITH THE AMPERAGE RATING OR EXCEEDING AVAILABLE SERVICE. THIS RELEASE IS NOT INTENDED TO RELEASE OWNER FROM OWNER'S WILLFUL MISCONDUCT OR ACTIVE NEGLIGENCE, BUT ONLY TO THE EXTENT ALLOWED BY LAW. TENANT SHALL FORBEAR FROM CONSUMING MORE AMPERAGE THAN THE EXISTING RATING FOR THE HOMESITE, TO AVOID DAMAGE TO OWNER'S PROPERTY AND TO THE PROPERTY OF OTHERS.. I. IF THE MOBILEHOME, APPLIANCES AND EQUIPMENT IN THE MOBILEHOME ARE NOT COMPATIBLE WITH THE ELECTRIC SERVICE AND CAPACITY NOW AVAILABLE OR EXCEEDS AVAILABLE SUPPLY AT THE PEDESTAL, TENANT SHALL "DE -AMP" (REDUCE THE RATING FOR) THE MOBILEHOME OR DISCONTINUE EXCESS DEMAND TO ENSURE f AGAINST ANY OVERLOADING OR CAUSING ANY DISRUPTION IN SERVICE. OWNER SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO TENANT IF THE AVAILABLE ELECTRICAL SUPPLY IS INSUFFICIENT OR INCOMPATIBLE. TENANT IS EXPRESSLY LIABLE FOR SERVICE DISRUPTIONS CAUSED BY EXCESSIVE DEMANDS ON THE ELECTRICAL SYSTEM WHICH SHALL FURTHER BE DEEMED A DEFAULT AND BREACH OF THE TENANTS' OBLIGATIONS UNDER THIS AGREEMENT. J. With respect to the provision of any services or facilities (including utilities) to Tenant, any prevention, delay, or stoppage due to strikes, walkouts, or other labor disputes, acts of God, inability to maintain labor: or materials or reasonable substitutes for them, governmental restrictions, regulations or controls, judicial orders, fire /flood or other natural disaster or casualty, breakage, repairs, and other causes beyond owner's reasonable control, will excuse performance of these obligations for a time period equal to the delay. Tenants will remain responsible, without abatement or reduction, for the rent, utilities, and other charges to be paid per the terms of this Agreement. Owner will use reasonable efforts to reinstate or repair any services or facilities, including utilities, which have been interrupted as set forth hereinabove. If Tenants feel that Owner is not using reasonable efforts to reinstate such services or facilities, Tenants shall mediate the matter pursuant to the agreement or paragraph contained herein entitled "mediation and reference of disputes" if and only if Tenants have consented to that provision or desire to do so by mutual agreement (at the time the dispute arises) which provides for an alternate dispute resolution procedure of such dispute. Owner will. not be liable under any circumstances for loss of or injury to property, however occurring through or in connection with or incidental to the failure to furnish any services of facilities (including utilities). K. RESIDENT COVENANTS NOT TO CONSUME MORE AMPERAGE THAN THE EXISTING RATING FOR THE SPACE, SO AS TO AVOID DAMAGE TO OUR PROPERTY AND TO THE PROPERTY OF OTHERS. We will provide utilities and or services as specified on page one of this agreement. Any separate charges for natural gas, electricity and water as applicable will be on a submetered basis (if not separately charged at the inception of this agreement, owner reserves -the right and power to do so on proper notice, with or without electing to reduce rent as per CC §798.41). Civil Code Sections 798.41 or 798.32 allow for further separated billing of utilities with corresponding reduction of rents and such option is reserved. 5. CIVIL CODE NOTICE RE: SERVICES AND IMPROVEMENTS: Owner is responsible for providing and maintaining the existing services and existing physical improvements located in the common facilities in good 7 working order and condition and you agree that these responsibilities of the Park are as defined and limited by this Agreement. The services include the following: (i) Park Management Services and those items set forth on page one; (ii) Maintenance of the physical improvements of the park, including the streets, walkways, and, common areas. Management shall have a reasonable period of time, with respect to the physical improvements in the common facilities, to repair the sudden or unforeseeable breakdown or deterioration of these improvements and bring the improvements into good working order and condition after management knows or should have known of the breakdown or deterioration. The period of time to do so shall not exceed: as soon as possible where health and safety is affected, and thirty days except where exigent circumstances justify a delay; or, otherwise as specified by law. Such repairs or other appropriate action shall be accomplished as soon as possible in the event of any condition which may relate to health and safety. With respect to providing any services or facilities, any prevention, delay, or stoppage due to strikes, walkouts, or other labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes for them, governmental restrictions, regulations or controls, judicial orders, fire /flood or other natural disaster or casualty, breakage, repairs, and other causes beyond the reasonable control of the Park, will excuse the Park's performance of these obligations for a time period equal to the delay. You will remain responsible, without abatement or reduction, for the rent, utilities, and other charges. A. Tenant agrees to notify management immediately of any breakdown, interruption, deterioration, or failure of any physical improvement, utility, amenity, facility or service so a response to promptly to fulfill maintenance responsibilities can be given. Management depends on notice to avoid and mitigate loss, damage, injury and other liability by Tenant's prompt notice when applicable. Tenant's good faith cooperation is important to enabling management to timely respond. B. Management's reasonable and conscientious efforts to maintain the Park, despite prudent effort, will probably not be perfect. From time to time, repairs and improvements may be needed, and Tenant may be inconvenienced. Management hopes Tenant will please cooperate and be patient. Management will reasonably endeavor to avoid material disruption and interference with quiet enjoyment, and to provide advance notice of substantial interruptions or interference which are planned or scheduled. Tenant agrees that a reasonable job in maintaining the Park fairly describes Tenant's expectation of management's duty to maintain the park. Management shall provide physical 0 • • improvements and services in the Park. However, services, facilities, amenities, landscaping and other improvements in the common areas may change based upon conservation interests and concerns; such changes may include drought resistant landscaping, and additions, alterations or deletions of services and facilities without reduction, discount of other offset from monthly rents. Such changes will not alter other commitments under this Agreement. Tenant will have the opportunity to consult if desired. An average and habitable residential environment is provided, but not a perfect one as with any residential neighborhood. Physical Improvements include existing common areas, office, streets, any recreational facilities, buildings and interior improvements, landscaping, meeting rooms, pools, related improvements and equipment. 6. USE OF PREMISES: A. The Premises shall be used only for residential purposes, and no business or commercial activity shall be conducted on the Premises. Tenant agrees not to do anything that will constitute waste, nuisance, or unreasonable annoyance. Tenant agrees to do nothing to cause damage to the space or park. Tenant agrees not to permit any act or maintain or permit to be maintained any condition on your space or mobilehome which may cause an increase in the rate of insurance City pays or increase costs of maintenance and repair. No activity shall be permitted which requires the issuance of a business license or permit by any governmental agency, or which is inconsistent with community zoning and conditional use permits, which would increase the risk of harm to the management or to any other person or property, increase noise, dust, vibration, odors or fumes, smoke, or any other condition offensive to the senses or which causes reasonable complaint, breaches the covenant of quiet enjoyment or reduces property values; which would increase foot or vehicular traffic, results in deliveries and delivery trucks, require storage of any thing outside the mobilehome, require additional employees or other persons on the space, or affect parking. Permitted occupants are: Tenant; An additional person if Tenant is living alone; (iii) Family members and sub - lessees entitled to occupy the premises pursuant to the Mobilehome Residency Law; and (iv) Short term guests. The term "short term guest" shall mean any person who does not stay with Tenant for more than a total of twenty (20) consecutive days or a total of thirty (30) days in any calendar year. Other persons may not occupy the Premises with the prior written consent of City. 9 • 0 B. Tenant 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. 7. CONSIDERATION: City reserves the right to take the position that the past rents have been below market and constitute consideration to be applied against relocation costs upon closure of the Park. Tenants reserve the right to dispute City's position. 8. RELEVANT STATUTES AND RULES: The Mobilehome Residency Law requires this Agreement to contain, among other things, the Rules and Regulations of Marinapark and the language of the Mobilehome Residency Law. The Rules and Regulations of Marinapark are attached as Exhibit "B," the provisions of the Mobilehome Residency Law are attached as Exhibit "C," and both documents are incorporated into this Agreement 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," respectively, when effective. 9. SALE OR ASSIGNMENT: Subject to the terms of this Section, Tenant may sell the mobilehome located on the Premises pursuant to the rights, and subject to the obligations, of Tenant under the Mobilehome Residency Law and any other applicable statutes. If the mobilehome that is the subject of the sale or transfer is to remain on the Premises, or if Tenant proposes to assign Tenant's interest in this Lease to any person or persons who is (are) to reside on the Premises, Tenant and /or the proposed transferee must do the following: A. Tenant must give notice of the sale or assignment to City prior to close of escrow. B. The sale or assignment shall not be effective unless City has given prior written approval, the transferee has executed a new rental agreement provided by City, and the transferee has expressly agreed to be bound thereto. C. Tenant agrees that occupancy of the Premises shall be limited as provided in this Agreement and Tenant agrees not to sublease or otherwise transfer any partial interest in this Agreement. IN D. The requirements for any mobilehome proposed to be installed on the space is as follows: Management must first approve a mobilehome before it may be installed in the park. No mobilehome which in excess of twelve feet in height may be installed in the park. The proposed mobilehome must fit upon the space in the position specified by management. Management reserves the right to requite the largest possible mobilehome commercially available to be sited upon the space. Established set backs must be honored, and may not be changed. Roof material must be non -glare composition or wood shake shingles for the mobilehome, awnings and any storage or other structures on the space. All installations and improvements must be approved by management before work is commenced to avoid damage to underground utilities. Management must further approve a written plan, to be submitted for approval as required by law, showing the proposed location with measurements and dimensions evidencing conformance to all setback requirements required by law including Title 25 of the Code of Administrative regulations and local ordinances. A tie down system in compliance with §1336.3 of Paragraph (a) of Title 25 is required. A vapor retarding ground cover of six (6) mil polyethylene or equivalent over the ground, under the home is required. Under floor areas shall be ventilated 1 sq. ft. for each 150 sq. ft. of under floor area. Air conditioners, compressors and necessary accessories will be considered and approval of same shall be at management's sole discretion. No changes shall be made to the grade of the lot that would cause any runoff to adjacent space or common areas. Lot must meet HCD requirements for drainage. Only mobile homes manufactured in 1976 or later are permitted. No new cabanas may be constructed. Eaves are permitted only if applicable set back requirements can be met. Hitches must be removed from home and stored under the mobilehome. Porch, steps and ramps must be built to Title 25 Requirements. No aluminum porches are permitted, and shall not encroach set back requirements or required parking space. Any required handrail, porch, or step railing shall be wood, painted to match home /trim color. No upgrading or tampering with the electrical /gas service shall be permitted even by a licensed contractor. No mobilehome is permitted which is rated at higher amperage than the pedestal. Additional requirements are set forth in the rules and regulations. E. Notwithstanding any other provision in this Agreement, Tenant shall have the right to assign its interest in this Agreement to a spouse, son and /or daughter 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 Agreement. F. 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 Agreement, provided, however, City may withhold approval if it determines that, based upon the transferee's prior tenancies, the transferee will not comply with the Rules and Regulations of Marinapark (Exhibit "B "). 11 0 0 10. SUBLEASING: A. The Premises shall constitute Tenant's residence, whether primary or secondary. Tenant agrees not to sublease or rent the mobilehome or otherwise transfer any interest in this Lease, except to the extent that the right to sublet or transfer is specifically provided by this Agreement. B. Management shall permit a tenant to rent his or her mobilehome that serves as the homeowner's residence or sublet his or her space under the circumstances described in and in compliance with the provisions of AB 1410 effective January 1, 2003. Only one mobilehome may be subleased by the tenant though the tenant may own or control one or more mobilehomes or homesites in the Park.. Any sub- lease created in compliance with AB 1410 shall not create a landlord /tenant relationship as between City and sublessee. It is specifically agreed and understood that Sublessee cannot become a resident by attempting or purporting to pay City such monies. Receipt, retention, acceptance or possession of any monies from the sublessee shall only be on behalf of the Tenant. As between City and sublessee there is no privity of estate or contract. Tenant hereby further agrees to defend and indemnify City, at Tenant's sole expense, from any claims, liabilities, or actions brought by sublessee against the Park or for any action brought against the City by any person arising out of conduct related to Sublessee's conduct within the Park. 11. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS: Tenant shall, at its cost and expense, maintain in good order and condition any mobilehome, cabana or other improvement located on the Premises. Tenants also agree that all landscaping on the Premises shall be limited to three feet (3') in height, to preserve views and open space. City may charge a reasonable fee for services relating to the maintenance of the Premises in the event Tenant fails to maintain the Premises in accordance with the provisions of this Agreement and the Rules and Regulations of Marinapark (Exhibit "B "), after giving written notification to Tenant and Tenant's failure to comply within fourteen (14) days from the date of written notice. The written notice shall contain all information required by the Mobilehome Residency Law. 12. PHYSICAL IMPROVEMENTS AND SERVICES: Tenant shall have the nonexclusive right to use all of the common areas and common facilities located within Marinapark, including but not limited to streets, non - restricted parking areas, laundry facilities, restrooms and showers located in the common areas and common facilities and designated for use by residents. 13. CHANGES IN MARINAPARK RULES AND REGULATIONS PHYSICAL 12 0 9 IMPROVEMENTS AND SERVICES: City retains the right to amend or modify the Marinapark Rules and Regulations, the Terms of this Agreement, and the nature of the physical improvements or services to be provided, after complying with the provisions of the Mobilehome Residency Law and other applicable law. The right to amend the Terms of this Agreement, 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 without corresponding reduction or adjustment in rent. 14. RIGHT OF ENTRY: Tenant, subject to the right of revocation as set forth in the Mobilehome Residency Law, hereby grants written consent to City to enter the premises for the purpose of inspecting, improving, maintaining, repairing or replacing gas, water and sewage systems owned and maintained by City. Subject to the obligation of City to exercise ordinary care, any damage, loss or injury to Tenant's home, property of Tenant 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 Tenant, and City shall not be responsible for reimbursing any cost or expense incurred by Tenant as a result of such efforts, nor shall City be responsible for repairing, replacing or otherwise restoring the mobilehome, the Premises or any improvements thereon to the state or condition immediately prior to the maintenance, replacement or repair efforts. The rights and duties set forth in this paragraph are intended to implement and shall be exercised consistent with the Mobilehome Residency Law. 15. NOTICE REQUIRED BY CIVIL CODE SECTION 2079.10(a): The California Department of Justice, county sheriffs departments, police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the California Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The Department of Justice maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This is a "900" telephone service. Callers must have specific information about individuals they are checking. Information regarding neighborhoods is not available through this telephone service. 16. HOLD HARMLESS: 13 0 0 A. Tenant covenants to indemnify, defend and hold City, and its representatives, officers, agents and employees, harmless from any and all claims or demands of any name or nature whatsoever arising out of, or incident to, Tenant's 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 Premises or caused by or arising out of any activities or omission of Tenant, or Tenant's agents, employees, licensees and /or invitees, including, without limitation, injury or death of Tenant, or Tenant's agents, employees, licensees and invitees and damage to their property or Tenant's property, except for any damage or injury of any kind arising out of the active negligence, fraud or willful misconduct of City, its representatives, officers, agents or employees. This section is intended to provide City with a release from liability to the fullest extent allowed by law and not exceeding the rights of the City to do so either under Civil Code section 1953 ( "[a] Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights shall be void as contrary to public policy: ... (5] His right to have the landlord exercise a duty of care to prevent personal injury or personal property damage where that duty is imposed by law ") or section 1668 ( "All contracts which have for their object, directly or indirectly, to exempt anyone from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law "). City does not admit the applicability of section 1953 to a mobilehome space. B. Tenant, as a material part of the consideration under this Agreement, hereby waives all claims against City for any damage or loss from any cause arising at any time, including, but not limited to fire, theft, Acts of God, vandalism or any physical damage while the mobilehome remains on the Property, unless caused by the active negligence or willful misconduct of City's representatives, officers, agents or employees. Tenant agrees to indemnify and hold City, and its representatives, officers, agents and employees, harmless from and on account of any and all damage or injury to any person or equipment in or on the mobilehome arising from any cause or from the negligence of Tenant, and Tenant's family or guests. C. ANY CLAIM OR SUIT BETWEEN THE PARTIES FOR DAMAGES FOR PERSONAL OR BODILY INJURY OR PROPERTY DAMAGE AND OTHER APPLICABLE CLAIMS MUST BE COMMENCED IN ACCORDANCE WITH THE PROCEDURES FOR MAKING CLAIMS AGAINST GOVERNMENTAL ENTITIES PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA GOVERNMENT CODE. D. The value of the mobilehome may decline. Since a substantial portion of the present value of Tenant's mobilehome or coach is attributable to the rent charged by this Lease, the value of the premises and the proximity of the 14 0 9 premises to lower Newport Bay, you should investigate before purchasing. City's only obligation is to provide reasonable cost of relocation on closure of the park. Please investigate thoroughly before executing this agreement. 17. TERMINATION: A. Tenant may terminate this Agreement, without any further liability to City, upon sixty (60) days written notice to City and upon condition that all persons occupying the mobilehome terminate their tenancy within that period and remove the mobilehome and all other improvements from the park B. City may terminate this Agreement for the reasons specified, and according to the procedures set forth in the Mobilehome Residency Law. 18. ATTORNEYS' FEES: Should either City or Tenant be required to employ counsel to enforce the terms, conditions and covenants of this Agreement, the prevailing Party shall recover all reasonable attorneys' fees (and court costs if applicable) incurred therein pursuant to the Mobilehome Residency Law. 19. REMEDIES CUMULATIVE: The rights, powers, elections and remedies of the Parties contained in this Agreement 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 either Party's right to exercise any other. 20. NO WAIVER: A. No delay or omission of either Party to exercise any right or power arising from any omission, neglect or default of the other Party 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 other Party or any acquiescence therein. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Agreement 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 Agreement. B. Acceptance of rent shall not reinstate or create a tenancy. Conditional acceptance of rent pending approval of tenancy shall not be deemed to create a tenancy or waive any requirements applicable to tenancy, purchaser 15 9 0 application or approval requirements or assignment or transfer requirements. Acceptance of rent after service of a notice to terminate tenancy as specified in Civil Code §798.57 shall not waive, affect or prejudice the notice. Nor shall routine service of other notices, Management communications, or other actions or omissions of the Management waive, prejudice, or affect the right to terminate tenancy, process a purchaser application and approve a tenant for tenancy, or otherwise affect the rights of Management. Possession of rent by the resident manager shall not be acceptance until actually approved by the park owner; accordingly, the receipt by or the tender of payment to the resident park manager shall be conditional and for custody purposes only until approved and accepted by the park owner. C. Owner may exercise any right under the terms of this agreement, or the Rules and Regulations as amended or modified, or any other right of the management under applicable law, and do so on or at any time subsequent to the date such right became effective hereunder, and do so retroactively to the date the right initially became effective or enforceable, by and upon demand for performance, including payment of any rent adjustments or other monies from or for the date such right first accrued through to and including the date of the demand and thereafter. Any delay, forbearance, whether intentional or inadvertent, in enforcing any right of the management for which subsequent demand is made shall not be construed as a waiver, estoppel, release or acquittal thereof, accord and satisfaction thereof, settlement in whole or part thereof; shall not constitute laches in respect thereto; and, shall not render any such right unenforceable or be a defense against enforcement of such rights from the time such right could first be exercised and thereafter. 21. COMPLIANCE WITH LAWS. A. Tenant covenants and agrees to comply with all rules, regulations, statutes, ordinances and laws of the State of California and City or any other governmental body or agency having lawful jurisdiction over the Premises and/or the Property. Tenants agree to abide and conform with all the terms and conditions of this Agreement, the Rules and Regulations, all rules, regulations, terms and provisions contained in any document referred to in this Agreement, and said rules, regulations terms, and provisions as may from time to time be amended modified or otherwise changed by Owner as permitted by the terms of this Agreement. B. Any violation of the Rules and Regulations shall be deemed a public nuisance. Tenants agree that a breach of this Agreement or any of the Rules and Regulations cannot reasonably or adequately be compensated in damages in an action of law, and therefore, Owner shall be entitled to injunctive relief including but not limited to restraining Tenants (or family members, guests or other invitees) from continuing to breach any such rules or regulations term or UP condition or to allow a condition violative of a rule or regulation term or condition to exist or continue to exist without proving irreparable harm or lack of adequate legal remedy. 22. MOBILEHOME RESIDENCY LAW I ZONING AND USE PERMIT INFORMATION: Pursuant to Civil Code section 798.27 ("(a) The management shall give written notice to all homeowners and prospective homeowners concerning the following matters: (1) the nature of the zoning or use permit under which the mobilehome park operates. If the mobilehome park is operating pursuant to a permit subject to a renewal or expiration date, the relevant information and dates shall be included in the notice....'), Tenant is hereby notified as follows: A. Tenant acknowledges having received and read a copy of the provisions of the Mobilehome Residency Law (Exhibit "C') as presently constituted, and the Marinapark Rules and Regulations (Exhibit "B "). B. The Property is currently zoned "Planned Community." There are no conditional use permits or other permits required to operate the Property as a mobilehome park. City owns the Property, but its use may be limited to the extent the Property is determined to be tidelands and subject to the public trust applicable to tidelands. 23. ENTIRE AGREEMENT: This Agreement and the documents referred to herein constitute the entire agreement between Tenant and Owner pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether written or oral. Paragraph titles are for identification and reference only and are not part of this Agreement and shall not be used to interpret this Agreement Each term and provision of this agreement to be performed by the Tenant or which is a duty of the Tenant shall be deemed to be both a condition and a covenant. Additionally, a breach of any each such term and provision shall also be deemed to constitute a rule and regulation for purposes of Civil Code section 798.56 and may constitute grounds for the termination of tenancy as a violation of a rule and regulation. 24. NOTICES: All notices and other communications shall be in writing, shall be sent by first class registered or certified United States mail, postage prepaid, and shall be deemed effective at the expiration of seventy -two (72) hours after the day of mailing addressed: 17 A. To Lessor: City Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, CA, 92658 With a copy to: City Clerk's Office City of Newport Beach 3300 Newport Blvd. Newport Beach, CA, 92658 or at such other addresses as Lessor shall have furnished to Tenant; and To Tenant: By delivering a copy to the Tenant personally; or Tenant be absent from the mobilehome, by leaving a copy with some person of suitable age and discretion who may be occupying the mobilehome; or no one can be found, then by affixing a copy of the notice in a conspicuous place on the Premises or mobile home and also sending a copy through the mail addressed to Tenant. 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, B. Following notice by City of any amendment, all other provisions of the Lease shall remain in full force and effect in their original form. 25. TIME OF ESSENCE: Time is of the essence in this Agreement and each and every provision hereof. 26. EMINENT DOMAIN: If the entire Park, or a portion thereof so that, in City's sole opinion, the balance remaining is not suitable for a mobilehome park, is taken under the power of eminent domain, or is sold to any authority having the power of eminent domain, either under threat of condemnation or while condemnation IF, • • proceedings are pending, then this Agreement shall automatically terminate on proper notice as of the date the condemning authority takes possession, precondemns, notices its intent to condemn or files a condemnation action or other action which relates thereto. 27. INSURANCE: Owner does not cant' public liability or property damage insurance to compensate Tenants, Residents, guests or any other person from any loss, damage or injury except those resulting from situations where Owner would be legally liable for such loss, damage or injury. If Tenants desire such or similar insurance coverage, it should be obtained by Tenants, insuring against loss and casualty by fire, earthquake, flooding, theft, other liability and casualty which relates to the mobilehome, other improvements and contents to full insurable value, personal liability and such other insurance as is necessary and appropriate. Tenants are advised to obtain a homeowner's policy in accordance with the guidelines and requirements specified by a lender, and if no lender, then in such sums and for such coverage as would be so required if so financed. 28. PARTIAL INVALIDITY: Certain terms and provisions of this Agreement and other documents referred to in this Agreement refer to restate or summarize provisions of the Mobilehome Residency Law and other applicable laws. In every instance it is intended that these references, restatements and summaries will accurately reflect the law and correctly set forth Tenants' and Owner's rights liabilities duties and obligations to one another and to other persons. The same is true of all of the other provisions of this Agreement and the other documents used by the Park. If any of the provisions of this Agreement or the other documents used by the Park fail in any way to meet the above criteria then it is unintentional and all such provisions shall be deemed to be automatically revised to correctly reflect the Owner's and Tenants' rights, liabilities, duties and obligations under the provisions of the Mobilehome Residency Law and all other applicable laws. Tenants agree to promptly notify Owner in writing of any instance where Tenants believe that any of the provisions of this Agreement or the other documents used by the Park fail to meet the above criteria. If any term or provision of this Agreement or any document referred to in this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable the remainder of this Agreement or the other document or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of this Agreement or the other document shall be valid and be enforced to the fullest extent permitted by law. 19 0 0 29. ENTIRE AGREEMENT: A. The resident manager, other personnel, mobilehome dealers, the sales person and seller from whom the mobilehome was purchased by Tenants and other persons are not authorized to make any representations or agreements with Tenants respecting the Community unless those agreements and representations are contained in this Agreement and the other documents and posted signs referred to in it. Therefore, Tenants agree that this Agreement and the other documents and posted signs referred to in it are the entire agreement between Tenants and Owner regarding the subjects covered by this Agreement, other documents and signs. This Agreement, the rules and regulations and the purchase agreement with Owner constitute the exclusive statement of the agreement and supersedes all prior and contemporaneous agreements, representations and understandings. B. Each party has relied on his own examination of this Agreement and counsel of his own advisers, and the warranties, representations and covenants in the Agreement itself. Failure or refusal of either party to inspect the premises or improvement, to read the Agreement or other documents or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention or claim that might have been based on such reading, inspection or advice. Additionally, in any interpretation of this Agreement it shall be deemed that this Agreement and its exhibits were written by both parties. C. It is further agreed by and between the parties that the legal relationship that exists pursuant to this Agreement is a rental agreement, and that there are not other legal rights or relationships inferred. Tenants warrant and agree that they have no other rights, title or interest in the property upon which the Park is located or in the above described space other than that which is specifically set forth in this document. 30. DRAINAGE AND GRADING: A. The existing drainage pattern and grading of the space may not be changed without Managements consent. Tenant is responsible for maintaining the space so that water does not accumulate or stand under the mobilehome or on the Space. Water on the space is required to drain off the space in a fashion as to avoid runoff onto another mobilehome space. Tenant shall ensure the skirting attached to the mobilehome is not extended into the grade which would cause moisture or water to accumulate under the mobilehome. All watering systems shall be installed, maintained and adjusted as necessary to avoid water run -off and standing water on the premises. Any berms on the space shall be installed and maintained to avoid the accumulation of water on the space or under the mobilehome. Any masonry skirting must contain sufficient 20 0 0 openings as to prevent accumulation of water on the space or under the mobilehome. B. Homeowner warrants to that the mobilehome and areas under the mobilehome and homesite are free of and from mold. Homeowner is also responsible for mold cleanup. The mobilehome should be inspected by a competent home inspection contractor periodically. It is imperative to treat and remove all molds as if potentially harmful. Among the conditions to be checked should be presence of any mold in or about the mobilehome. The following are sources of indoor moisture that may cause problems: flooding, backed -up sewers, leaky roofs, humidifiers, mud or ice dams, damp crawl spaces, constant plumbing leaks, house plants- watering can generate large amounts of moisture, steam from cooking, shower /bath steam and leaks, wet clothes on indoor drying lines, clothes dryers vented indoors, combustion appliances (e.g. stoves) not exhausted to the outdoors. Homeowner is responsible for avoiding any such conditions and for remediation if same should occur. 31. NO THIRD -PARTY RIGHTS: Tenant is not a third -party beneficiary of any other agreement between Owner and anyone. The terms and provisions may differ between rental agreements and rules and regulations in force in the park, and no one may rely on the enforcement of any other's rental agreement or rules and regulations. There are no third party beneficiaries to this agreement. 32. NO RECORDING: No recording of this Agreement on any memorandum of this Agreement may be made without the prior written consent of Owner, which consent may be withheld in Owner's sole discretion. 33. LOT LINES: "Space" includes the area as defined by the perimeter of the mobilehome and its horizontal projections of its accessory structures. This understanding is based on the public ownership of the property on which the expectations of occupation which Tenant may use and enjoy. Therefore, Tenant may not rely on any markers to define the area of use and enjoyment to be expected due to the rights of the public entitled to entry within the park. 34. ALTERATIONS AND ADDITIONS: Tenant agrees not to make any alterations, improvements, additions or utility installations to, on or about the homesite or mobilehome, nor install, remove or change any existing improvements, or modify the drainage or landscaping nor 21 0 0 make any contract for such work without Owner's prior written consent and approval. Tenant is responsible for all conditions under the mobilehome including grading, compaction, subsidence, drainage, moisture, and ventilation. In giving or withholding consent to any such work, Owner may, at its option, consider and base consent or refusal of consent entirely upon aesthetic considerations, and the compatibility of such changes to the Community. If Tenant fails to obtain prior written consent and approval, all such alterations, improvements, additions or utility installations shall be promptly removed at Tenant's sole expense, upon Owner request. 35. OPPORTUNITY TO REMEDY: If, at any time, Tenant believes owner has not fulfilled any legal obligations, Tenant agrees to immediately give owner written notice specifying what is believed owner has failed to do and indicating what Tenant believes owner must do in order to fulfill these obligations. This notice shall be as detailed as possible so that owner may fully understand Tenant's concerns. Tenant agrees that owner will have at least ninety (90) days, or such longer period as is reasonably necessary, after receipt of Tenant's notice to remedy the problem(s) Tenant has identified. If Tenant fails to promptly give owner this written notice as soon as Tenant is aware of any problem(s), or Tenant fails to give owner a reasonable opportunity to remedy the problem(s), owner will have no liability to Tenant for any expense, cost, damage or injury which Tenant may sustain as a result of the problem(s). If owner fails to remedy the problem(s) within a reasonable time after receipt of written notice, the problem(s) will be subject to mediation if such an agreement has been reached between the Parties. 36. ENVIRONMENTAL PROTECTION: A. Proper "hazardous substances" and waste disposal is required of all Tenants. Typical hazardous substances include automobile, boat and motorcycle batteries, household batteries, cleaning fluids and solvents, gasoline, paint and other thinners, oils, brake fluids, transmission fluids, radiator fluids and coolants and petroleum products. No Tenants may keep or store, in any place including within or about the mobilehome, homesite, storage shed or elsewhere in the Community, any hazardous substances in excess of the quantities required for typical single family household use. Additionally, Tenants may not cause any environmental hazard, including any exposure to, contact with, spill or deposit of any hazardous substance or waste. Tenants are prohibited from violating any law relating to environmental protection, hazardous substances or waste. This includes, but is not limited to, for example, changing or discarding auto batteries, oil, brake and radiator fluids, automatic transmission fluid, air conditioning gases, or grease in any motor vehicle or machine. Tenants may not cause or allow hazardous substances or waste to be disposed of anywhere in the Community, including, but not limited to, trash cans, trash bins, the 04 S • sewage disposal system, or any other trash or disposal area in the Community. Such substances must be physically removed from the Community and disposed of elsewhere in compliance with law. In the event of any spill or deposit of hazardous substances in the Community, Tenants are required by law to immediately notify management. Management reserves the right to inspect the homesite for hazardous substances. B. to addition to other remedies allowed by law, Tenants will indemnify and hold the Owner harmless for any such environmentally hazardous act or omission prohibited by this rule or law, including any compensatory damages, statutory damages, punitive damages, expense and attorney's fees and costs sustained by the Community. Tenants will also be required to reimburse the Community for any actual attorney's fees, litigation expenses, and costs incurred in defending any action against the Community as a result of any environmentally hazardous act or omission of Tenants, Residents, Guests, Contractors and invitees. For purposes of this rule, "hazardous substances" includes without limitation: (1) Those substances included within the definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance," "solid waste," or "pollutant or contaminant" in federal law including C.E.R.C.L.A., R.C.R.A., T.S.C.A., H.M.T.A., or under any other Environmental Law; (II) Those substances listed in the United States Department of Transportation (D.O.T.) Table [49 C.F.R. 1.72.1011, or by the Environmental Protection Agency (E.P.A.), or any successor agency, as hazardous substances [40 C.F.R. Part 302]; (III) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and (IV) Any material, waste, or substance that is: (V) a petroleum or refined petroleum product, (i) asbestos, (ii) polychlorinated biphenyl, (iii) designated as a hazardous substance pursuant to 33 U.S.C. § 1321 or listed pursuant to 33 U.S.C. § 1317, (VI) a flammable explosive, or (VII) a radioactive material. 37. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same instrument. 38. NON- RESPONSIBILITY OF PARK: Owner is not responsible to inspect and approve any work done by Tenant or for Tenant by others, including, but not limited to, the installation of the mobilehome, driveway, walkways, fences or any other equipment or improvements of any type. To the extent that Owner may inspect or approve something, it is for Owner's own purpose only and Tenant is not entitled to rely 23 on that inspection or approval to en: constructed correctly or that the wor Instead, Tenant is responsible for all Tenant agrees to indemnify and hold improperly done. is ;ure that the item has been installed or has otherwise been done as required. required inspections and approvals and Owner harmless from any work which is IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the. day and year first above written. Tenant M CITY OF NEWPORT BEACH a municipal corporation. Homer Blu au, City Manager APPROVED AS TO FORM: kmm��— Robin L. Clauson, Assistant City Attorney F Ausers\cat\shared \cp -d a\Projects \MarinaPark \07 0703.doc 24 REVENUE STUDY MARINAPARK NEWPORT BEACH, CALIFORNIA Prepared for: THE CITY OF NEWPORT BEACH JULY 1997 REVENUE STUDY MARINAPARK NEWPORT BEACH, CALIFORNIA Prepared for: THE CITY OF NEWPORT BEACH July 1997 Prepared By KEYSER MARSTON ASSOCIATES, INC. 55 Pacific Avenue Mall 500 South Grand Avenue, Ste 1480 1660 Hotel Circle North, Ste 716' San Francisco, CA 94111 Los Angeles, CA 90071 San Diego, CA 92108 TABLE OF CONTENTS EXECUTIVE SUMMARY PURPOSEAND BACKGROUND ............................................................................................. ..............................1 METHODOLOGY................................................................................................................. ..............................1 LANDUSE RESTRICTIONS .................................................................................................. ..............................1 USES CONSIDERED AND REVENUE CONCLUSIONS ............................................................... ..............................2 ILLUSTRATIVE DEVELOPMENT SCENARIOS ........................................................................... ..............................2 LEASE VERSUS SALE ISSUES .............................................................................................. ..............................3 INTRODUCTION............................................................................................................. ..............................4 .............................................................................................................. ..............................4 ORGANIZATION............................................................................................................. ..............................5 MAJOR ASSUMPTIONS ................................................................................................ ..............................5 SECTION I - SITE OVERVIEW ..................................................................................... ..............................8 1. ENVI RONS ............................................................................................................... ..............................8 2 EXISTING USES ..................................................................................................... .............................10 3. LAND USE LIMITATIONS ....................................................................................... .............................12 SECTION 11 - REVIEW OF POTENTIAL USES ............................................................. .............................14 1. EATING AND DRINKING FACILITIES .................................................................... .............................16 2 HOTEL ..................................................................................................................... .............................18 3. CONVENIENCE RETAIL ......................................................................................... .............................20 4. OFFICE ................................................................................................................. ............................... 22 5. PARKING ................................................................................................................ .............................22 6. OWNERSHIP HOUSING ......................................................................................... .............................24 7. RENTAL HOUSI NG ................................................................................................. .............................26 8. MARINAPARK (CURRENT USE) ........................................................................... .............................28 CONCLUSION OF POTENTIAL USES AND VALUE OF REVENUES ........................ .............................30 SECTION III - DEVELOPMENT SCENARIOS ............................................................... .............................31 1. BASELINE SCENARIO ........................................................................................... .............................31 2. SCENARIO A Partial Reconstruction ................................................................ ............................... 31 3. SCENARIO B Major Redevelopment .................................................................. .............................32 CONCLUSION OF POTENTIAL USE ............................................................................ .............................34 EXECUTIVE SUMMARY Purpose and Background This study prepared by Keyser Marston Associates, Inc. (KMA) is designed to assist the City of Newport Beach in its evaluation of alternative land uses for the 10.71 acre Marinapark property. The property is currently the site of a mobile home park, American Legion Hall, Girl Scout meeting facility, a marina operated by the American Legion, and Balboa Community Center. Additionally, portions of the site are used for City recreational activities and public parking. The various leases for all the properties at the site are scheduled to terminate at the same time, on March 31, 2000. Methodology KMA has examined a range of residential and commercial land uses for the site, determined the extent of market support for each, and has estimated the land rent and tax revenues (collectively the "revenues ") which would accrue to the City as a result of each land use. Given that the site could be developed with a mix of several uses, the revenues for each land use are expressed as the per square foot, present value of the sum of the revenues over the term of an assumed long term lease. The various components of the revenues (base rent, percentage rent, sales tax, etc.) are discounted at varying rates to reflect KMA's conclusions as to the risk associated with each revenue category. From these unit values, an illustrative mix of uses for the site have been developed to derive a likely range of values. Land Use Restrictions The potential reuse of the property is limited by a number of regulatory restrictions, including the following: Revenue Study July 31, 1997 Marinapark Site 1 Tidelands Designation: Approximately two- thirds of the property is subject to State Tidelands Trust restrictions, eliminating any residential use from that portion of the site. Charter Restrictions: The City Charter permanently restricts a portion of the site to public use. Local Coastal Plan: The plan requires coastal views and designates the area as Recreational and Environmental Open Space. General Plan: Also designates the area as Recreational and Environmental Open Space. Uses Considered and Revenue Conclusions Based upon KMA's evaluation of local market conditions, KMA has identified a set of uses for which near term development is indicated. Chart A presents the uses and compares the value of per square foot revenues (ground rent and tax revenues) over the assumed lease term. Generally, residential and hotel uses represent the highest total revenue potential. The extent of commercial development on the Tidelands property can negatively impact the value of the non - Tidelands property by obstruction of the views from this portion of the property. Illustrative Development Scenarios KMA has developed three illustrative development scenarios portraying the range in revenue, which could be generated by the property. These are summarized on Charts B and C and include the following: Revenue Study July 31, 1997 Marinapark Site 2 CHART A SUMMARY OF USES REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH KEYSER MARSTON ASSOCIATES. INC. u FILENAME Nbvalues, CHART A', (DATE 7131/97. JJL ESTIMATED PRESENT VALUE OF REVENUES PER SO. FT. LAND USE GROUND RENT OTHER REVENUE TOTAL REVENUES 1 HOTEL $25.80 $37.20 $63.00 2 OWNERSHIP 43.90 3.60 47.50 HOUSING 3 RESTAURANTS 34.40 1110 45.50 4 CONVENIENCE 39.60 1.40 41.00 RETAIL 5 RENTAL 23.20 1.80 25,00 HOUSING 6 EXISTING USES 24.00 0.00 24.00 7 PARKING 7.80 0.20 8.00 KEYSER MARSTON ASSOCIATES. INC. u FILENAME Nbvalues, CHART A', (DATE 7131/97. JJL CHART I3 ESTIMATED NET REVENUES - ANNUAL REVENUE ESCALATING AT 2.5% PER YEAR REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH ESTIMATED DEVELOPMENT SCENARIO NET REVENUES BASELINE SCENARIO $821,000 SCENARIO A - PARTIAL RECONSTRUCTION $1,044,DDD SCENARIOS- MAJOR REDEVELOPMENT $1,378,000 52.400.000 $2.2DD.000 $2,000,ODO S1,800.00D 51.SOD.000 $1 40D.00D S1,200,OOD S1,DDD,ODD 3800,000 Se0D.000 ESTIMATED ANNUAL REVENUES I I I I I I 1 I 1 I I 1 1 I 1 !__!__ L__ 1__ L_ _1__1__1__J__J__J__J__J__J__J__ I I I I I I 1 1 1 1 1 1 I I I I I I I 1 1 1 I 1 1 I 1 I 1 I I I I I I 1 I 1 1 I I 1 I I I 1 I I I I I I 1 1 I 1 I I � 1 1 -♦- I- _f -T T t _i -i -i --1 --1 --1 -• -I 1 -I 1 I 1 I I I I I 1 I I I I 1 I 1 I I I I I I 1 1 1 1 I I I 1 1 I I I I I I 1 1 1 1 1 I I I I I 1 I 1 I I I 1 1 I I 1 I I I I I I 1 I I I I 1 I 1 1 I I 1 I I I 1 1 1 L L _L I I I I I I 1 1 1 1 1 1 I 1 I I I 1 1 1 1 I 1 I I I I 1 I 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 -r -T -ti• T -T I I I I I 1 I I I I 1 I 1 I 1 1 I I I 1 1 1 1 I 1 1 I 1 I 1 1 1 I I I I 1 I I 1 I 1 I I 1 1 L__ L__L__i__' I I I I 1 I I I I 1 I 1 I I I I 1 I I I 1 I 1 I r 1 I I I 1 I I I I 1 1 1 I I 1 1 1 1 1 1 1 I 1 - t ♦ _ i -1 _ -1 -i _ -i - -1 -1 1 1 1 I I I I 1 1 1 1 1 I 1 11 I I 1 1 I 1 1 1 1 I 1 I I I I I I 1 1 1 1 1 1 I 1 I 1 1 1 1 1 1 1 1 1 __ --- _ --- __I___� 1 I I 1 1 I I 1 1 1 1 1 I 1 1 1 1 I I 1 1 I 1 I I I 1 I I I 1 1 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 18 17 18 19 20 --*—BASELINE SCENARIO --g— SCENARIOA A SCENARIO KEYSER MARSTON ASSOCIATES, INC. FILENAME: Nbvalun; CHART B; DATE: 7131!97; JJL r CHART C ESTIMATED NET REVENUES - PRESENT VALUE REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH $18,D00.000 818,000,000 S14,000,000 $12.000,OOD B1O,OJ0,000 $8,000,000 58,000,000 $4,000,000 52;000,000 $0 ESTIMATED REVEUES BY REVENUE SOURCE ----------------------------------------------- -------------------------- BASELINE SCENARIO SCENARIO A - PARTIAL RECONSTRUCTION 'KEYSER MARSTON ASSOCIATES, INC. FILENAME: Nbvalues; CHART C: DATE: 7731f97: JUL DOWNERSHIP RESIDENTIAL DRESTAURANT ®HOTEL ®EXISTING OWNERSHIP TOTAL DEVELOPMENT DEVELOPMENT SCENARIO EXISTING HOTEL RESTAURANT RESIDENTIAL REVENUES AND MARKETING NET REVENUES BASELINE SCENARIO $9,000,000 NONE NONE NONE $9,000,000 ($200,000) $8,800,000 SCENARIO A- PARTIAL RECONSTRUCTION $3,400,000 $4,700,000 $4,000,000 NONE $12,100,000 ($500,000) $11,600,000 SCENARIO B - MAJOR REDEVELOPMENT $3,100,000 $5.500,000 $2,000,000 $7,300,000 $17,900,000 ($2,000,000) $15,900,000 $18,D00.000 818,000,000 S14,000,000 $12.000,OOD B1O,OJ0,000 $8,000,000 58,000,000 $4,000,000 52;000,000 $0 ESTIMATED REVEUES BY REVENUE SOURCE ----------------------------------------------- -------------------------- BASELINE SCENARIO SCENARIO A - PARTIAL RECONSTRUCTION 'KEYSER MARSTON ASSOCIATES, INC. FILENAME: Nbvalues; CHART C: DATE: 7731f97: JUL DOWNERSHIP RESIDENTIAL DRESTAURANT ®HOTEL ®EXISTING Baseline Scenario: Assumes current uses and lease terms with mobile home park and marina rents increased to market. The scenario represents approximately $821,000 annually in estimated net revenues and a net present value of $8.8 million. Scenario A: Assumes partial reconstruction in which the mobile home park is eliminated and replaced with hotel and restaurant uses. All other uses are maintained. The marina operation is transferred to the City for operation and brought to market. The scenario represents approximately $1.04 million annually in estimated net revenues and a net present value of $11.6 million. Scenario B: Assumes all existing uses except the American Legion uses are eliminated. Non - Tidelands property (Balboa Boulevard frontage) is ownership housing and Tidelands is developed with a hotel and restaurant. The marina and boat storage operation is transferred to the City for operation and is brought up to market. This scenario represents approximately $1.38 million annually in estimated net revenues and a net present value of $15.9 million. Lease versus Sale Issues The analysis revealed that there is a significant value discount in the market for residential lots leased as compared with the fee value if sold. The City may wish to consider sale of the non - Tidelands property. The analysis concludes that reinvestment of a portion of the sales proceeds and investment earnings may more than offset the appreciation in the value of the property, and generate an equal or greater amount of annual revenue. Revenue Study July 31, 1997 Marinapark Site 3 INTRODUCTION This report summarizes Keyser Marston Associates, Inc. (KMA) analysis of the 10.71 acre property owned by the City of Newport Beach (City) commonly referred to as Marinapark. Marinapark is located on the Balboa Peninsula on the bay side of Balboa Boulevard between 15th and 19th Streets in the City of Newport Beach. The purpose of the analysis summarized herein is to analyze the City's revenue potential generated by leasing the site under various land use alternatives. As used herein, revenues related to the leasing of the subject site include both anticipated ground lease revenues as well as tax revenues accruing to the City, including transient occupancy tax, sales tax, and property tax, where applicable. BACKGROUND Pursuant to City Council policy, prior to entering into negotiation to renew or extend any ground lease, a revenue study for alternative uses of the property is to be undertaken. The subject site is currently leased to a number of entities including the American Legion, the Girl Scouts, the Power Squadron, a community group that occupies the Balboa Community Center, and individual lessees in the Marinapark Mobile Home Park. All the leases expire in the year 2000 with the exception of the Power Squadron, which is currently on a month -to -month lease. The City has requested that KMA undertake a study in order to identify total revenues the City could reasonably expect from alternative uses. Revenue Study Marinapark Site 4 July 31, 1997 ORGANIZATION The report is organized as follows. Following the introduction, which includes the major assumptions used in the analysis, is Section I of the report. Section I presents an overview of the site, including a description of the site, its environs, and land use limitations. Section II presents a discussion of the potential uses for the site. The analysis of the uses involves both an overview of market demand, potential revenues generated by each use, and the appropriate size requirements (or constraints) for each use. Based on the results in the previous sections, Section III presents three illustration reuse alternatives with revenue projections and conclusions as to each. MAJOR ASSUMPTIONS It was necessary to make certain assumptions in completing this assignment including: 1. It is assumed that the property will be made available only under a long -term lease (up to 55 years) where the sale of the property is not to be considered and that neither the fee interest in the land nor the ground lease payments will be subordinated. It should be noted that additional voter approval may be necessary, as the City Charter only grants leases of up to 25 years. Should the 25 year restriction apply, the value for all uses will be materially reduced. 2. It is assumed that for those alternatives that involve a mix of land uses, that the City, and not a developer, (lessee) would undertake the necessary parcelization and construction of common infrastructure, i.e., access roads, on -site utilities, etc. Appropriate deductions from finished land value have been made to reflect those infrastructure costs. Revenue Study July 31, 1997 Marinapark Site 5 3. The beach front area immediately in front of Marinapark must remain a public beach in accordance with Section 1402 of the City Charter which states: "there shall be reserved forever to the people use of a strip of bay front land above mean high tide not less than 85 feet in depth of City -owned waterfront property..." KMA has assumed, for its analysis, that 83,335 square feet (1.91 acres) of the site must remain as public beach. Thus, the maximum leaseable area of the subject site is 8.8 acres. 4. All necessary off -site infrastructure (storm drain, sewer, etc.) is in adequate capacity at the site to meet the needs of the identified uses. 5. No new development fees impacting potential uses at Marinapark will be enacted by the City of Newport Beach. 6. None of the uses proposed herein are assumed to result in an increased traffic flow sufficient to require additional improvements to Balboa Boulevard or other arterials serving the area. 7. The relocation of existing tenants will not impede the development of the subject site for any of the uses identified herein. No relocation costs have been assumed. 8. Maps found in this report are provided for reader reference purposes only. No guarantee as to their accuracy is expressed or implied. 9. The analysis contained in this report is based, in part, on data from secondary sources. While KMA believes that these sources are accurate, KMA cannot guarantee their accuracy. Revenue Study July 31, 1997 Marinapark Site 6 10. The analysis and conclusions in this report assumes that neither the local nor national economy will experience a major recession. If an unforeseen change occurs in the economy, the conclusions contained herein may no longer be valid. 11. The analysis, opinions, recommendations and conclusions are our informed judgment based on market and economic conditions as of the date of this analysis. Due to the volatility of market conditions and complex dynamics influencing the economic situations and conditions of the development industry, conclusions and recommended actions contained within this report should not be relied upon as sole input for final business decisions regarding current and future use of the property. Revenue Study July 31, 1997 Marinapark Site 7 SECTION I - SITE OVERVIEW This section of the report presents an overview of the site environs, existing uses and land use controls that ultimately impact the selected land use alternatives analyzed by KMA. 1. ENVIRONS The subject site is located in the southwestern portion of the City on the Balboa Peninsula. Local access to the site is provided by Newport Boulevard, which turns into Balboa Boulevard and is the main connection with the Costa Mesa Freeway (California State Highway 55) and Pacific Coast Highway. The site fronts Newport Bay between 15th and 19th Streets and is in a transition zone between residential and commercial uses. Immediately adjacent are small commercial uses, a 10 unit apartment complex and a small Southern California Edison facility. The general location of Marinapark is illustrated in Figure 1. Fronting Newport Bay, Marinapark commands sensational views of the Newport Harbor to the north and, when at the top of a two or three story building, views of the Pacific Ocean are possible to the south. Within the Peninsula, Marinapark is centered between two commercial concentrations, the commercial/eating and drinking complex encompassing the Newport Pier located approximately two blocks to the west, and the Balboa Fun Zone located approximately one -half mile from the end of the Peninsula near the Balboa Pier. This area of the Peninsula is a major tourist attraction with its proximity to the Balboa Pavilion and Balboa Ferry. A third small commercial complex has been identified on 15th Street, which abuts the subject site. The majority of the retail stores adjacent to the subject site are tourist oriented, comprised of bathing suit shops, beach equipment rentals, clothing stores, surf shops, etc., with the neighborhood serving retail located further to the west. The property is unique in that it Revenue Study July 31, 1997 Marinapark Site 8 REGIONAL OVERVIEW LEGEND FIGURE MARINA PARK SITE CITY OF NEWPORT BEACH MARINA PARK ;. i ;• .f a., v,lr .. 1.. •,4 1,-..1 ,• �.i� PAC •-f9WY , •�•.:, :•f• ? 'v {-.- ISLAND f' ,,{ . •:,'.t..•••�•}„.ter. NEWPORTWER r LQ0APEN1NS1JLA. • �:�:� ,�. � �..�.�.�.�..,. � � �•I'^ V. OAL6QA PIER"-%- ::�' :h;._I ... .. L.F.... S-•- Mlles 0 .5 1 is potentially one of the last major undeveloped pieces of property on the Balboa Peninsula. In reviewing potential uses for Marinapark, KMA compared the demographics on the Peninsula with the demographics of the City as a whole (Table 1). In general, the Peninsula is composed of younger residents with a small household size and a per capita income 10% lower than the City as a whole. The Balboa Peninsula has approximately 10,000 full -time residents, which are nearly 15% of the City's full -time population of 67,000. Per capita income on the Peninsula is $51,100, while per capita income in the City is $56,900. Household income is over $106,000 per year. The Balboa Peninsula has a large renter population compared to the rest of the City of Newport Beach. Approximately 63% of the units on the Peninsula are renter occupied. Comparatively, the City is only 44% renter occupied. The large proportion of renter occupied households coincides with the younger median age of 33 that is prevalent on the Peninsula. This compares to a median age of 35 in the City. The Balboa Peninsula's economy is highly seasonal, with peak levels of activity occurring during the summer months and on prime non - summer holidays. While the permanent resident population base for the City is 67,000, the summer population base is estimated at approximately 100,000. Although precise figures are not available, it is safe to assume that a large percentage of the additional 33,000 summertime visitors to the City spend some time on the Peninsula. Permanent residents, part-time residents and visitors all contribute to booming restaurants, lack of parking, and crowded sidewalks on the Peninsula during the summer. In contrast, during the winter months as part-time residents and visitors leave the Peninsula until the following summer, business closures and reduced operating hours are common. Revenue Study Marinapark Site 9 July 31, 1997 TABLE 1 1995 DEMOGRAPHICS REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH POPULATION MEDIAN AGE BALBOA PENINSULA 10,000 BALBOA PENINSULA 33 CITY EXCLUDING PENINSULA 57,000 CITY EXCLUDING PENINSULA 40 CITY OF NEWPORT BEACH 67,000 CITY OF NEWPORT BEACH 35 PER CAPITA INCOME BALBOA PENINSULA $51,100 CITY EXCLUDING PENINSULA $57,917 CITY OF NEWPORT BEACH $56,900 snm s5eoo0 558000 558,000 352000 swwo s4.000 sw.000 PER CAPITA INCOME umsrvwaaA nn ewiuosn cm'or rtxvoRl PENSHM 9FALX AVERAGE HOUSEHOLD SIZE MEDIAN AGE BALBOA PENINSULA 2.1 CITY EXCLUDING PENINSULA 2.2 CITY OF NEWPORT BEACH 2.2 AVERAGE HOUSEHOLD INCOME MEDIAN AGE BALBOA PENINSULA $106,200 CITY EXCLUDING PENINSULA $130,605 CITY OF NEWPORT BEACH $126,400 ------ / i l/ j/ AVERAGE HOUSEHOLD INCOME BALBOA PENINSULA $106,200 CITY EXCLUDING PENINSULA $130,605 CITY OF NEWPORT BEACH $126,400 AVERAGE HOUSEHOLD INCOME suo aao 3100000 180.000 Y 580.000 IN . 3800M __' A _____ _____ so MWA clry EXCLUOM0 Crt Os PEIAIlTAA PNJ IA NMnRT 5' SOURCE. URBAN DECISIONS SYSTEMS, INC. AND NEWPORT BEACH VISITORS BUREAU KEYSER MARSTON ASSOCIATES, INC. FILENAME NMI . DEMOGRAPHICS, DATE. 7/31/97; JUL N W cr- U) t I I , .............. • co . ......... at L----J, j Lj -_-, Zz-, • 1 4z 4-y-va.z 0 �43au-c AF,L z r E------7 Al.Z.9 2. EXISTING USES The existing uses at Marinapark are described below and illustrated in Figure 2. A summary of current lease term is included in the appendix. The uses are as follows: Mobile Home Park (4.27 acres, 49% of net site area) The Marinapark Mobile Home Park is composed of 60 mobile home spaces, 58 of which are individually leased and the balance occupied by the on -site managers. Within the mobile home park there is limited parking for residents and visitors. Approximately 25 mobile home spaces have unobstructed views of the Bay, the remainder of the spaces have either no view or partial views. It should be noted that only 17 of the 58 available spaces are occupied full -time by the lessees. All other lessees use their mobile homes as "second" homes. Metered Parking (70 parking spaces, .52 acres, 6% of net site area There are two city-owned metered parking lots at Marinapark. At the main entrance to the mobile home park (located at the intersection of Balboa Boulevard and 18th Street) is a 23 space city parking lot and at the western end of the subject property is a 47 space city lot. This lot provides direct access to the Newport Harbor and is located along West Bay Avenue between 18th and 19th Streets. American Legion (1.35 land acres, 15% of net site area) The American Legion parcel, immediately east of the mobile home park, contains the American Legion Hall, a 62 -space parking lot, a marina with 47 slips and a Revenue Study July 31, 1997 Marinapark Site 10 52 -space dry boat storage facility. The slips and dry storage spaces are made available for lease to the general public by the American Legion. Las Arenas Park and "Veterans Memorial Park" (2.11 acres, 24% of net site area) Located at the east end of the property fronting Balboa Boulevard is Las Arenas Park, operated by the City of Newport Beach. The park provides four lighted tennis courts, a half basketball court and a playground area. A paved sidewalk bisects the Park and extends toward Newport Bay and separates the mobile home park from the American Legion, both of which are at the back (waterfront) side of the property. This sidewalk also leads to storage for several small boats parked on the sand, which are used by the 16th Street Sailing Base. The 16th Street Sailing Base provides weekend sailing lessons throughout the summer. In addition, there is an open space area immediately behind the American Legion Hall on 15th Street known as the Veterans Memorial Park which is sometimes used for parking. Other (.55 acres, 6% of net site area) Abutting the mobile home park are two buildings on Balboa Boulevard, the Balboa Community Center, which formerly housed the Nautical Museum, and is currently used for Community Services classes and by the Power Squadron, a community group that currently has a month -to -month lease with the City, and the Neva B. Thomas Girl Scout House. The two buildings are separated by a remote parking lot designated for Girl Scout House parking. Both buildings are single story, in average to above average condition and total 24,000 square feet. Other recreational activities taking place on the subject site include sailing Revenue S1 Marinapark 11 lessons, tennis, recreational programs, Balboa Community Center classes, and Power Squadron activities. There is also a public restroom near 19th Street that serves the strip of public beach between 16th and 19th Streets. 3. LAND USE LIMITATIONS The potential uses to which the subject site can be used are controlled (or influenced) by the numerous State and City regulatory restrictions. The major factors that govern the uses are as follows: ■ Tidelands - Fundamental to the assessment of use opportunities is the fact that a recent study undertaken by Boundaries Unlimited for the City revealed that nearly two- thirds of Marinapark is located within the Tidelands. Per state. law, Tidelands property is owned by the people of the State of California and granted to the City to administer. The Tidelands Trust Agreement states that the property must remain accessible to the public. As such, certain private' uses such as housing, are not permitted on the portion of the site considered to be Tidelands property. Furthermore, KMA's discussions with the State Land Commission advise that the State clearly views timeshares, although often used by visitors, as a residential use. Therefore, KMA assumes that the development of timeshares and the continued use of the mobile home park will not be permissible on the designated Tidelands portion of the subject site. ■ Local Coastal Program (LCP) - The LCP must be taken into account in determining land use patterns along the coastline. Marinapark is currently designated for Recreational and Environmental Open Space. The LCP specifically states that the existing mobile home park will be allowed until Revenue Study Marinapark Site 12 July 31, 1997 the end of the lease, at that time the City can decide if the lease should be renewed or if the property should be changed over to a public use. The LCP also has designated the subject site as a Coastal View Area. This policy is designed to maximize and protect coastal views from private development that restricts views from the roadway. Therefore, KMA assumes that special design measures will be considered for development on the subject site in order to protect its coastal views. It is assumed that the local coastal plan would be amended as necessary, and that commercial use on Marinapark would be allowed so long as coastal views and open space concepts were implemented. ■ General Plan - Consistent with the Tidelands designation and the LCP, Marinapark is designated as Recreational and Environmental Open Space in the City of Newport Beach General Plan. However, this is inconsistent with the zoning for the subject site, which is described below. ■ Zoning - Lastly, the potential uses of the subject site are influenced by the zoning designation of the site. Portions of the property are zoned as follows: Multi- family Residential, Multiple Residential, and Planned Community. It is assumed for purposes of this analysis that the property will be rezoned as necessary to allow a change in use. ■ City Charter - As described earlier, the Charter reserves 1.9 acres, the area dedicated to expanded beach, for public use. Revenue Study July 31, 1997 Marinapark Site 13 SECTION II - REVIEW OF POTENTIAL USES In developing land use scenarios and revenue projections for Marinapark, KMA initially identified potential uses that could be appropriate for the subject site based upon its location and physical characteristics, and reviewed the potential market support for such uses. Based on this review, KMA then established the revenue characteristics (both ground rent and tax revenues) for each use that appeared feasible by projecting the revenues the City could expect to receive over a typical commercial ground lease period (assumed to be 55 years). The revenues are presented in present value terms, i.e., the future anticipated revenues were discounted to determine their present worth. This present value is then expressed in a value per square foot of land area by dividing the estimated present value of the potential revenues by the required land area for each use using typical density ratios. It should also be noted that the projection of revenues have included, where appropriate, an allowance for transfer of sales. "Transfer' refers to revenues from sales generated elsewhere in the City which would be transferred to the site would not produce new revenues to the City. As such, the revenues shown are net of KMA's assessment of the transfer. In calculating the present value, the following assumptions have been made: 1. Revenues such as transient occupancy tax, sales tax, and ground lease payments which are based on sales or gross rent have been escalated at 3% annually to reflect an assumed inflation rate over the projection period. 2. Residential ground lease payments related to ownership housing are assumed to increase only a modest 1 % per year over a 55 -year period (as discussed below). Revenue Study Marinapark Site 14 July 31, 1997 3. Ground lease payments from commercial uses that are not based on sales or rents are assumed to increase 15 % every 10 years. 4. Property tax revenues have been escalated at 2% per year. 5. In determining present value, the revenues have been discounted at the following rates. The variation in the discount rates reflects the uncertainty associated with future value of revenues based on sales. ■ Ownership housing ground lease revenues (Fixed) 9% ■ Rental housing and commercial - ground lease revenues (Gross Revenue Based) 10 -112% ■ Other revenues (Productivity Based) 12% ■ Parking revenues (Use Based) 10 % It should be noted that the Newport Harbor is clearly lacking a feature that could attract additional visitors to the Peninsula: a visitor serving marina. Currently, all visiting boats must either anchor (or tie up) to one of the buoy's in the Harbor. The concept of a visitor serving marina allows a place for boats to dock overnight, while providing bathrooms, showers, electricity, and other amenities on site. Similar facilities are found in both San Diego and Dana Point charging rates between $12 to $15 per night. With the majority of a visitor serving marina use being located on the water, only a small amount of land area is required to accommodate this use. KMA has assumed that no more than 1,000 to 2,000 square feet would be required for the necessary on shore facilities. Thus, to the extent that such a visitor serving marina is constructed, it should Revenue Study July 31, 1997 Marinapark Site 15 not limit or restrict the development opportunities on the subject properties for other uses. The decision to add such a marina should then be based on the relative merits and cost of such a facility. The economics of such a use have been omitted from this analysis. The potential uses and evaluation of the uses considered for Marinapark are as follows. 1. EATING AND DRINKING FACILITIES a. Market Considerations The current eating and drinking facilities on the Peninsula offer, for the most part, moderate dining that appeals primarily to the younger population and visitors to the Peninsula. There are numerous establishments that provide entertainment as well as dining. The strong economic health of the eating and drinking facilities located on the Balboa Peninsula is a reflection of tourism, the beach /ocean environment and the perception that the Peninsula is an entertainment "place to be." An analysis of the restaurants located on the Peninsula suggest sales productivity substantially above industry norms. Based on the current sales volumes and lack of significant vacant restaurant space, there appears to be adequate support for restaurant expansion at the subject site. While somewhat removed from existing commercial concentrations, the excellent views of the water from the property clearly suggest that destination type restaurants are likely candidates for the subject site. Revenue Study Marinapark Site 16 July 31, 1997 b. Size Consideration While the site is uniquely located and has the necessary access characteristics for destination type restaurants, it is unlikely the entire site at 8.8 net acres could be developed for restaurant uses in the near -term. Assuming restaurant development and associated parking at a floor area ratio (FAR) of .16 to 1.0, i.e., 7,000 square feet of restaurant space per acre, in all likelihood, not more than 2 acres of land can be developed for restaurants in the near -term, i.e., a total of ±14,000 square feet of restaurant space. C. Land Revenues Typically, restaurant ground leases provide for a base rent against a percentage of gross revenues, generally 3% to 3.5 %. The estimate of revenues assuming the City would receive 3% to 3.5% of gross sales are shown in Table 2. A range of sales is provided to reflect the minimum and maximum ground lease payment associated with this use. As indicated, based on the assumptions identified in Table 2, when the present value of the ground lease payments are estimated, the value is $28.80 to $40.00 per square foot of land designated for restaurant use. d. Other Revenue The main sources of "other" revenue to be generated by an eating and drinking facility is sales and property tax revenue. As shown in Table 2, the present value estimate of sales tax revenue when allocated over the appropriate land area results in a value per square foot of $6.50 to $7.80. This is after deducting for an assumed 20% transfer of sales. Discounted at 12 %, the present value of property tax revenues are estimated at $4.10 per square foot of land area. Revenue Study July 31, 1997 Marinapark Site 17 TABLE 2 ESTIMATED PRESENT VALUE RESTAURANT USE REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK . CITY OF NEWPORT BEACH LAND REVENUE ASSUMPTIONS: LOW $16,000 RESTAURANT SIZE 4,000 SQ. FT. SALES PER SQ FT. PER YEAR $500 TO $600 PER SO. FT SALES PER RESTAURANT PER YEAR $2.0 TO $2.4 MILLION GROUND LEASE LOW 3.0 TO 3.5% OF SALES INFLATION RATE 3.0% DISCOUNT RATE - GROUND RENT PER SQ. FT. 10.5% DISCOUNT RATE - OTHER REVENUE LOW 12.0% ANNUAL GROUND RENT INCL. % RENT $28.80 LOW 111 $60,000 PER SITE PER YEAR HIGH (2) $84,000 PER SITE PER YEAR PRESENT VALUE PER SQUARE FOOT131 $4.10 4.10 LOW $28.80 PER SQ. FT. HIGH $40.00 PER SQ. FT. OTHER REVENUES ESTIMATED SALES TAX LOW $16,000 PER YEAR HIGH $19,200 PER YEAR PRESENT VALUE PER SQUARE FOOTj61 LOW $6.50 PER SQ. FT. HIGH $7.80 PER SQ. FT. TOTAL REVENUE PER SQUARE FOOT OF LAND AREA LOW HIGH PRESENT VALUE OF GROUND RENT $28.80 $40.00 PRESENT VALUE OF OTHER REVENUE 6.50 7.80 PRESENT VALUE OF PROPERTY TAX1b1 $4.10 4.10 TOTAL $39.40 $51.90 ROUNDED TO $39.00 $52.00 LOW ASSUMES $50O/SQ. FT. SALES AND 3.0% ALLOCATED TO GROUND RENT fn HIGH ASSUMES $6001SQ. FT. SALES AND 3.5% ALLOCATED TO GROUND RENT f» VALUE REDUCED BY 5% TO REFLECT EFFECT OF STABILIZATION PERIOD w PRESENT VALUE DIVIDED BY 25,000 SO, FT. OF REQUIRED LAND AREA, ROUNDED TO NEAREST $.26, AND REFLECTS INCLUSION OF PERCENTAGE RENT PRESENT VALUE DIVIDED BY 25,000 SQ. FT. OF REQUIRED LAND AREA; VALUE REDUCED BY 5% TO REFLECT EFFECT OF STABILIZATION PERIOD; INCLUDES A 10% TRANSFER ALLOWANCE ASSUMES PROPERTY TAXES ON $250 PER SQUARE FOOT ROUNDED TO THE NEAREST $.25 KEYSER MARSTON ASSOCIATES, INC. FILENAME: NtmlW ; VALUE - RESTAURANTS; DATE: 7131/97; JUL e. Total Revenues The estimated present value of the anticipated ground lease payments, and City's share of sales and property tax revenues results in a revenue value of between $39.00 and $52.00 per square foot. 2. HOTEL a. Market Considerations While there are no major hotels on the Peninsula, KMA identified five smaller motel /hotels. These hotels have an average "published" (or rack) room rate of over $200 per night during the summer months. The most popular lodging facilities on the Peninsula are the bed and breakfasts located on the oceanfront. KMA field surveys revealed extremely high demand during the peak summer months of June through September. In addition, weekends throughout the year remain at high occupancy levels. In the non -peak periods both occupancy level and published room rates are substantially lower, with room rates often under $100 per night. The annual room sales for the hotels on the Peninsula is estimated by KMA at $30,000 per room. b. Size Considerations There are no specific size constraints to hotels, with facilities in the market place ranging from bed and breakfasts often under 10 units, to larger hotels in excess of 250 rooms. On the Peninsula, with the.lack of available land and seasonal demand, the hotels tend to be small, between 10 and 34 rooms. Even with the excellent views afforded by the property, it is unlikely that the entire property completely could be Revenue Study Marinapark Site 18 July 31, 1997 devoted to hotel use ( ±500 room capacity), given access, view considerations, and height restrictions. For projection purposes, it is assumed that 75 to 100 hotel rooms could be developed at the subject site. This would require up to ±2 acres of land and could take the form of one moderate size hotel or two or three small hotels. C. Land Revenues The estimated land (ground lease) revenues generated by hotels on the subject site, is based on an allocation of between 5.0% to 7.5% of room sales to ground rent. This range assumes a good quality hotel but with only limited amount of common areas and no food and beverages served. Based on an assumed annual room sales of $30,000 per room that could result with a bay front location and at a density of 50 rooms per acre, the present value of the anticipated ground lease revenue is estimated at between $20.70 and $30.80 per square foot of land area as shown in Table 3. d. Other Revenues o Table 3 also presents an estimate of the present value of other revenues which consist of transient occupancy tax revenues and sales tax revenues generated by hotel guests; and property tax revenues. For projection purposes, a 20% transfer allowance has been made in projecting transient occupancy tax revenues and other revenues. The present value estimate of the transient occupancy tax revenues and the sales tax revenues total $31.00. Property tax revenue is estimated to have a present value of $6.30 per square foot. Revenue Study July 31, 1997 Marinapark Site 19 TABLE 3 ESTIMATED PRESENT VALUE HOTEL USE REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH LAND REVENUE ASSUMPTIONS HOTEL SIZE SALES PER ROOM SALES PER HOTEL PER YEAR GROUND LEASE DISCOUNT RATE - GROUND RENT DISCOUNT RATE - OTHER REVENUE INFLATION RATE ANNUAL GROUND RENT INCL. % RENT LOW I HIGH I21 PRESENT VALUE PER SQUARE FOOTj31 LOW HIGH OTHER REVENUE ASSUMPTIONS TAXABLE SALES GUEST PARTY SIZE ASSESSED VALUE TRANSIENT OCCUPANCY TAX RATE 50 ROOMS PER ACRE $30,000 PER ROOM PER YEAR $1,500,000 PER HOTEL PER YEAR 5.0 TO 7.5% OF SALES 10.5% 12.0% 3.0% $75,000 PER HOTEL PER YEAR $112,500 PER HOTEL PER YEAR $20.70 PER SQ. FT. $30.60 PER SQ. FT. $75.00 PER PERSON PER DAY 2 PEOPLE PER ROOM $75,DDD PER ROOM 10% TRANSIENT OCCUPANCY TAX $150,DDD PER HOTEL PER YEAR SALES TAXI "I 16,000 PER HOTEL PER YEAR TOTAL $168,000 PRESENT VALUE PER SQUARE FOOT AREAj' $31.OD PER SQ. FT, TOTAL REVENUE PER SQUARE FOOT OF LAND AREA LOW ASSUMES 5% ALLOCATED TO GROUND RENT m HIGH ASSUMES 7.5% ALLOCATED TO GROUND RENT nI PRESENT VALUE DIVIDED BY 43,560 SO. FT OF LAND AREA, ROUNDED TO NEAREST S.25, AND REFLECTS INCLUSION OF PERCENTAGE RENT; VALUE REDUCED BY 5% TO REFLECT EFFECT OF STABILIZATION PERIOD pl ASSUMES 60% YEAR ROUND OCCUPANCY AND INCLUDES ALLOWANCE FOR EXPENDITURES OUTSIDE OF THE CRY tsI PRESENT VALUE DIVIDED BY 43,560 SO. FT OF LAND AREA; VALUE REDUCED BY 5% TO REFLECT STABILIZATION PERIOD; INCLUDES 20% TRANSFER ALLOWANCE ON HOTEL ROOM SALES KEYSER MARSTON ASSOCIATES, INC. FILENAME: Nbv tW ; VALUE - HOTEL; DATE: 7131197; JJL LOW HIGH PRESENT VALUE OF GROUND RENT $20.70 $30.80 PRESENT VALUE OF OTHER REVENUE 31.00 31.00 PRESENT VALUE OF PROPERTY TAX 6.30 6.30 TOTAL $58.00 $66.10 ROUNDED TO $56.00 $68.00 LOW ASSUMES 5% ALLOCATED TO GROUND RENT m HIGH ASSUMES 7.5% ALLOCATED TO GROUND RENT nI PRESENT VALUE DIVIDED BY 43,560 SO. FT OF LAND AREA, ROUNDED TO NEAREST S.25, AND REFLECTS INCLUSION OF PERCENTAGE RENT; VALUE REDUCED BY 5% TO REFLECT EFFECT OF STABILIZATION PERIOD pl ASSUMES 60% YEAR ROUND OCCUPANCY AND INCLUDES ALLOWANCE FOR EXPENDITURES OUTSIDE OF THE CRY tsI PRESENT VALUE DIVIDED BY 43,560 SO. FT OF LAND AREA; VALUE REDUCED BY 5% TO REFLECT STABILIZATION PERIOD; INCLUDES 20% TRANSFER ALLOWANCE ON HOTEL ROOM SALES KEYSER MARSTON ASSOCIATES, INC. FILENAME: Nbv tW ; VALUE - HOTEL; DATE: 7131197; JJL e. Total Revenues KMA's estimate of total revenues generated by hotel use is presented in Table 3. As shown, the present value of total revenues is estimated at $58.00 to $68.00 per square foot of allocated land area. 3. CONVENIENCE RETAIL a. Market Considerations A survey of retail space on the Peninsula reveals a relatively low vacancy level. Retail space on the Peninsula is leasing in the range of $1.25 to $1.75 per square foot per month on a triple net basis. Both retail concentrations on either side of Marinapark are tenanted with markets, coffee houses, laundromats, ice cream shops, beachwear and beach equipment shops, etc. While low vacancies suggest that the Peninsula has a strong retail base, the rental rates do not suggest a strong demand. In addition, KMA's field survey reveals that the Peninsula is well served by a plethora of retail uses. KMA has not identified any significant missing retail tenant types suitable for the subject site. b. Size Considerations It is unlikely that the market is strong enough to support retail development on the entire site although limited development may be possible along the Balboa Boulevard frontage. Furthermore, there appears to be no minimum size limitation. KMA has assumed that 1.0 acre of land could be devoted to retail use. This would result in the development of ±10,000 square feet of retail area at a FAR of .23 to 1.0. Revenue Study Marinapark Site 20 July 31. 1997 C. Land Value KMA found few recent commercial land sales that would be a good indicator of land value. An upper range is, however, established by the recent land sale for the construction of a McDonalds restaurant at slightly under $50 per square foot. This site's location is, however, superior to the subject property. In determining the land revenues for retail use at the subject site, KMA assumed that under a ground lease, the City would receive an amount equal to 15% of rents. Using this as a basis, the estimated ground .lease revenues (in present value terms) is estimated at approximately $39.60 per square foot of land area. d. Other Revenues KMA would not expect that small retail development at the subject site would generate much in new sales tax revenues, i.e., the majority of sales tax revenues would be transferred from existing uses. The City would, however, receive a limited amount of property tax revenue values at approximately $1.70 per square foot. e. Total Revenues Based on the above consideration, the total revenues, in present value terms, total approximately $41.00 per square foot of land area. Revenue Study July 31, 1997 Marinapark Site 21 TABLE 4 ESTIMATED PRESENT VALUE CONVENIENCE RETAIL USE REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH LAND REVENUE ASSUMPTIONS RENT SIZE INFLATION RATE DISCOUNT RATE - GROUND RENT DISCOUNT RATE - OTHER REVENUE INITIAL ANNUAL GROUND RENT PRESENT VALUE PER SQUARE FOOTIII TOTAL REVENUE PER SQUARE FOOT OF LAND AREA $1.75 PER SQ. FT PER MONTH 12,000 SO. FT. PER ACRE 15% EVERY 5 YEARS 10.5% 12.0% $37,800 PER ACRE PER YEAR $39.60 PER SQ. FT. PRESENT VALUE OF GROUND RENT $39.60 PRESENT VALUE OF OTHER REVENUE 0.00 PRESENT VALUE OF PROPERTY TAXj2I 1.70 TOTAL $41.30 ROUNDED TO $41.00 (1) ROUNDED TO THE NEAREST $.25 (2) ASSUMES PROPERTY TAXES OF $100 PER SQUARE FOOT FOR 12,000 30. FT. OF REQUIRED LAND AREA; ROUNDED TO THE NEAREST $.25 KEYSER MARSTON ASSOCIATES, INC. FILENAME: NDvalues; VALUERETAIL; DATE: 7131197; JJL 4. OFFICE KMA also reviewed the market demand for office space. Although not typically characterized as a location for office space, limited amount of local serving office space is located on the Peninsula. Office space leases for the same rate as retail space, between $1.25 and $1.75 per square foot per month on a triple net basis. Most office space can be found on the west end of the Peninsula near Lido and Cannery Village where tenants are normally small and entrepreneurial in nature. In KMA's opinion, it is unlikely that the market is strong enough to support any office development at the subject property. 5. PARKING a. Market Considerations The ability of the Peninsula to attract visitors and its relatively high density often results in a high demand for the limited number of parking spaces, particularly during the summer months when daytime beach and weekly rental occupancy is at its highest. There are approximately 21 City-owned parking lots and metered parking stretches on the streets located on the Peninsula. Free parking or curb -side parking can be found along the residential streets in the densely populated areas of the Peninsula. In these areas it is even difficult to find non - metered parking during the winter months. KMA's analysis shows that City -owned parking on the Peninsula is generating approximately $800,000 annually before allowances for expenses in collecting revenues. Parking has been noted to be particularly difficult for patrons using the Catalina Flyer; the subject site could be used for such parking, by shuttling people to and from the Catalina Flyer located at the east end of the Peninsula. Revenue Study July 31, 1997 Marinapark Site 22 b. Size Considerations While the entire property could be devoted to a parking use, demand for parking on the Peninsula is highly seasonal and tends to be concentrated at the commercial hubs near the two piers. Thus, while the entire site could be used for parking, it would likely not be fully utilized. On the other hand, there are no minimum size constraints. C. Land Revenues In determining the value for parking use at the subject site, KMA assumed that the lot would be operated by the City as metered parking and that the parking at the subject site would not be used by patrons of the Catalina Flyer. As presented in Table 5, based on anticipated net revenues, (gross revenue less collection and maintenance expenses) the present value of future revenues (net of collection costs) is estimated at $7.80 per square foot of land area. d. Other Revenues KMA would expect that most parking demand would be generated by the nearby beach traffic and visitors to the Peninsula. Thus, the users of the parking would generate limited sales tax revenues to the City. As indicated in Table 5, KMA has estimated sales tax revenue at $2,000 annually. In present value terms, this is approximately $.50 per square foot. e. Total Revenues Based on the above, the total revenues, in present value terms, total $8.00 per square foot of land area. Revenue Study July 31, 1997 Madnapark Site 23 TABLE 5 ESTIMATED PRESENT VALUE PARKING USE REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH LAND REVENUE ASSUMPTIONS: AVERAGE REVENUE(') SO. FT. PER SPACE MANAGEMENT & COLLECTION SIZE ESTIMATED SALES TAX REVENUE DISCOUNT RATE ANNUALREVENUE METER REVENUE LESS: MANAGEMENT & COLLECTION NET REVENUE PRESENT VALUE PER ACRE PRESENT VALUE PER SQUARE FOOTIZI OTHER REVENUE ESTIMATED SALES TAX REVENUE PRESENT VALUE PER SQUARE FOOT TOTAL REVENUE PER SQUARE FOOT OF LAND AREA $310 PER SPACE PER YEAR 325 SQ. F7. 20% OF GROSS REVENUE 130 SPACES PER ACRE $2,000 PER YEAR 10% $40,300 (8,100) $32,200 PER ACRE $341,600 PER ACRE $7.80 PER SO. FT. $2,000 PER YEAR $0.50 PER SQ. FT PRESENT VALUE OF PARKING FEES $7.80 PRESENT VALUE OF OTHER REVENUE 0.50 PRESENT VALUE OF PROPERTY TAX 0.00 TOTAL $8.30 ROUNDED TO $8.00 BASED ON 1995 REVENUE COLLECTION AT THE SUBJECT SITE ($310 PER SPACE) 0 ROUNDED TO THE NEAREST S.25 KEYSER MARSTON ASSOCIATES, INC. FILENAME: Nbvalue : VALUE-PARKING; DATE: 7131197; JJL 6. OWNERSHIP HOUSING a. Market Considerations Ownership housing on the Peninsula is popular with waterfront views extremely desirable. There are a wide -range of housing styles and designs on the Peninsula that results in wide variances in market price. Recent home sales range between $200,000 to over $2.0 million, depending on views, size and improvements. In addition, it is not uncommon for homes to include a small one bedroom apartment to produce income. Notwithstanding the region -wide softness in the residential market over the last several years, the residential market on the Peninsula remains strong. The only limitation foreseen for ownership residential use is the fact that the land (lots) are assumed to be leased rather than sold. Construction of single family or ownership units on leased land has met with market resistance and will require a substantial discount in the value of the land from fee ownership in order to be successful. b. Size Considerations Other than the limitation created by the fact that the subject property land is assumed to be leased rather than sold in fee, there are no market constraints on the amount of ownership residential development that could be developed on Marinapark. However, there are other factors that will limit the size of development. These are primarily Tidelands and open space /view corridor issues. For purposes of this analysis, KMA has assumed that all residences would have to be developed on the "upland" portion of the property and such development would have to provide for view corridors from Balboa Boulevard. Assuming the development of the uplands portions of the property to R -2 standards that would include one ownership as well as one rental unit Revenue Study Marinapark Site 24 (determined as the highest and best use in the July 3, 1996 appraisal report by Fuller & Associates) the number of units (lots) that could be developed is estimated at 30. C. Land Revenues The analysis presented by Fuller and Associates establishes fair market rents for R -2 lots at Marinapark. This analysis, dated July 3, 1996, indicated an annual fair market rent from $25,200 annually for improved lots with water views to $17,500 for improved rear lots with no (or limited) views. Assuming that residential development is limited to the uplands portion of property only, all of the units will have bay views. However, depending upon the extent of commercial development on the Tidelands portion of the subject property, some of the unit's view may be restricted. Thus, the high estimate shown on Table 6 assumes the views are not restricted while the low estimate assumes development on the Tidelands portion of the site will restrict views. o As shown on Table 6, on a per square foot basis the present value of the anticipated ground lease revenue per square foot of the area allocated to residential, i.e., the upland area is $35.40 to $52.40. This estimate is net of a 5% discount for assumed absorption period of three years, and an assumed $500,000 cost to improve the 30 lots. d. Other Revenues In addition to the ground lease revenues, residential development should increase taxable retail expenditures within the City that should result in enhanced sales tax revenues. Assuming that 75% of new sales are retained in the City, the present value of the anticipated sales tax revenue amounts to under $.80 per square foot of land area. Property tax revenues are estimated at $3.20. Revenue Study July 31, 1997 Marinapark Site 25 TABLE 6 ESTIMATED PRESENT VALUE OWNERSHIP HOUSING REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH LAND REVENUE ASSUMPTIONS ANNUAL RENT PAYMENT"' LOW HIGH PRESENT VALUE OF GROUND RENT $35.40 LOW "m $17,500 PER LOT 0.80 HIGH $25,200 PER LOT DEVELOPMENT SIZE (UPLANDS PORTION) 30 LOTS INFLATION RATE $39.00 1% DISCOUNT RATE 10.5% ANNUAL GROUND RENT LOW $525,000 PER YEAR HIGH $756,000 PER YEAR PRESENT VALUE PER SQUARE FOOT131 LOW $35.40 PER SO. FT. HIGH $52.40 PER SQ. FT. OTHER REVENUES ASSUMPTIONS PER CAPITA INCOME") $51,100 PEOPLE PER UNIT 4 PEOPLE TAXABLE EXPENDITURES 25% OF INCOME INFLATION RATE 3% DISCOUNT RATE 12% SALES TAX REVENUE $11,500 PER YEAR PRESENT VALUE PER SQUARE FOOT' $0.80 PER SO. FT. TOTAL REVENUE FULLER & ASSOCIATES, JULY 3, 1996 APPRAISAL REPORT m 30% REDUCTION OF HIGH ESTIMATE TO REFLECT RESTRICTED VIEW AND INTRODUCTION OF USES ON TIDELANDS PORTION OF THE PROPERTY m REFLECTS NET SITE IMPROVEMENT COSTS OF $500,000; REDUCED BY 5% TO REFLECT STABILIZATION PERIOD; ROUNDED TO THE NEAREST S.25; ASSUMES LAND AREA IS UPLAND PORTION OF THE SUBJECT PROPERTY OR 3.53 ACRES SOURCE URBAN DECISIONS SYSTEMS lsl BASED ON $1. 000,000 VALUE PER IMPROVED LOT AND INFLATED BY 2% ANNUALLY AND DISCOUNTED AT 9 %; ROUNDED TO THE NEAREST $.25 KEYSER MARSTON ASSOCIATES, INC. FILENAME: Nbvalum; VALUE -OH; DATE: 7131197; JJL LOW HIGH PRESENT VALUE OF GROUND RENT $35.40 $52.40 PRESENT VALUE OF OTHER REVENUE 0.80 0.80 PRESENT VALUE OF PROPERTY TAXIS' 3.20 3.20 TOTAL $39.40 $56.40 ROUNDED TO $39.00 $56.00 FULLER & ASSOCIATES, JULY 3, 1996 APPRAISAL REPORT m 30% REDUCTION OF HIGH ESTIMATE TO REFLECT RESTRICTED VIEW AND INTRODUCTION OF USES ON TIDELANDS PORTION OF THE PROPERTY m REFLECTS NET SITE IMPROVEMENT COSTS OF $500,000; REDUCED BY 5% TO REFLECT STABILIZATION PERIOD; ROUNDED TO THE NEAREST S.25; ASSUMES LAND AREA IS UPLAND PORTION OF THE SUBJECT PROPERTY OR 3.53 ACRES SOURCE URBAN DECISIONS SYSTEMS lsl BASED ON $1. 000,000 VALUE PER IMPROVED LOT AND INFLATED BY 2% ANNUALLY AND DISCOUNTED AT 9 %; ROUNDED TO THE NEAREST $.25 KEYSER MARSTON ASSOCIATES, INC. FILENAME: Nbvalum; VALUE -OH; DATE: 7131197; JJL e. Total Revenues As shown in Table 6, when all major revenue sources are taken into account, the estimated value of the upland portion of the subject site, if leased for ownership residential use, is $39.00 to $56.00 per square foot of land area. The higher value can be achieved if the Tidelands portion of the property is developed with commercial uses so as to not restrict views and that are not conflicting with residential development. 7. RENTAL HOUSING a. Market Considerations The 1990 U.S. census indicates that the Peninsula contains upwards of 1,400 rental units. KMA's survey of rental housing inventory identified a limited number of traditional apartment complexes on the Peninsula, all with few units. These are in addition to the rental units that are often included as part of an ownership unit. Most rental units are available only under a short-term (nine month) lease, in order to remain accessible as summer weekly rentals. There is virtually no inventory of land on which to expand the supply of rental housing. An analysis of the summer rental market confirmed that, during the months of June through September, there is an extremely high demand for housing. These short-term rentals command rents of $1,200 - $2,000 a week for a two to three bedroom unit. During the rest of the year, nine month rental units lease for $850 - $1,250 per month for a low to moderate quality apartment. Revenue Study Marinapark Site 26 U July 31, 1997 b. Size Considerations Against the perceived demand for housing on the Peninsula, it is possible, in KMA's opinion, to develop the entire uplands portion of the subject property with rental housing. Discussions with the City Planning Department and 30th Street Architects suggest that the site could be developed with residential units at a density of 18 units per acre, upwards of 64 residential units could be added which represents less than a 3% expansion of the existing rental housing inventory. It is also KMA's opinion that given the range of amenities found in proximity to the site and the excellent regional accessibility to the employment centers located in Irvine and Newport Beach, the uplands portion of the subject property could be developed in one phase. C. Land Revenues In projecting the ground lease revenues, KMA has assumed that the annual per unit gross ground rent will be between $20,000 and $26,600. The low range projection assumes in part that the Tidelands portion of the property is developed with commercial uses in a manner that will restrict views, while the high range assumes unrestricted views. The land revenues are based on the City receiving 20% of gross rents, an allocation that KMA believes is supported by the market. Table 7 presents the present value of the ground rent between $20.00 and $26.40 per square foot of land area. d. Other Revenues The development of residential units will generate additional retail sales in the City and property tax revenues. The present value of these revenues are estimated at $1.90 per square foot and $1.70 per square foot of land area, respectively. Revenue Study Marinapark Site 27 July 31, 1997 TABLE? ESTIMATED PRESENT VALUE RENTAL HOUSING REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH LAND REVENUE ASSUMPTIONS EFFECTIVE GROSS RENT RATE MONTHS ANNUALLY LOW $1,250 12 WKS. $12,000 19 PRESENT VALUE PER SQUARE FOOTPI $1,000 9 MOs. 8,100 m $20.00 PER SO, FT. $20,100 HIGH $1,500 12 WKS $14,400 I�1 $1,500 9 MOS. 12,200 IN $26,600 SIZE 64 RENTAL UNITS GROUND LEASE 20% OF EFFECTIVE GROSS RENT DISCOUNT RATE 10.5% INFLATION RATE 3.0% ANNUAL GROUND RENT LOW $257,280 PER YEAR HIGH $340,480 PER YEAR PRESENT VALUE PER SQUARE FOOTPI OF SALES TAX REVENUE LOW $20.00 PER SO, FT. HIGH $26.40 PER SO. FT. OTHER REVENUE ASSUMPTIONS PER CAPITA INCOMEI41 PEOPLE PER UNIT TAXABLE EXPENDITURES LEAKAGE ALLOWANCE DISCOUNT RATE INFLATION RATE SALES TAX REVENUE PRESENT VALUE PER SQUARE FOOT"' TOTAL REVENUE PRESENT VALUE OF GROUND RENT PRESENT VALUE OF OTHER REVENUE PRESENT VALUE OF PROPERTY TAXI$/ TOTAL ROUNDEDTO $43,400 3 PEOPLE 25% OF INCOME 25% OF SALES TAX REVENUE 12% 3% $13,020 PER YEAR $0.90 PER $Q. FT. LOW HIGH $20.00 $26.40 0.90 0.90 0.70 0.70 $21.60 $28.00 $22.00 $28.00 ASSUMES 20% VACANCY FACTOR ASSUMES 10% VACANCY FACTOR REDUCED BY 5% TO REFLECT STABILIZATION PERIOD; ROUNDED TO THE NEAREST $.25 nl PER CAPITA INCOME VALUE FROM TABLE 6 REDUCED BY 15% TO REFLECT TYPICAL RENTER BI BASED ON $100,000 VALUE PER UNIT AND INFLATED BY 2-A ANNUALLY AND DISCOUNTED AT 9%: ROUNDED TO THE NEAREST $.25 KEYSER MARSTON ASSOCIATES, INC. FILENAME: NMIum; VALUE -RH; DATE: 7/3U97; JJL e. Total Revenues The total revenue generated from the development of 64 units of rental housing on the upland portion of the subject site, is estimated at $22.00 to $28.00 per square foot of land area, depending upon what assumptions are made with respect to development on the tideland portion of the site. 8. MARINAPARK (CURRENT USE) As a basis of comparison, the following describes the current use and land revenues achievable for such uses. Tidelands restrictions may inhibit continued mobile home park use. a. Market Considerations i. Mobile Home Park Currently, Marinapark Mobile Home Park is at full occupancy, which is a reflection of both high demand for housing in the area and current lease rates for spaces. The spaces are currently renting between $743 and $1,053 per month with the average space rent of $896 per month. Other mobile home parks within the City have monthly rents between $600 and $1,800 depending on location and view. Marinapark Mobile Home Park differs from its nearest direct competitor (the mobile home park on Lido Island) in that it has more parking, better beach frontage, and more open space between trailers. Lease rates on Lido currently range between $1,100 and $1,850 per month. Even with an increase in monthly rent to market levels at the subject property, in KMA's opinion, the demand for spaces will remain high. Revenue Study Marinapark Site 28 July 31, 1997 H. American Legion KMA field surveys indicated high demand for boat slips and dry storage at the marina operated by the American Legion on the subject site. There is a waiting list for both wet and dry storage. This high demand is accounted for by both the general shortage of well located available slips on the Peninsula and the current low rental charges. Spaces at the American Legion marina currently rent for $11 a lineal foot per month, while other marinas in the Newport Beach area charge between $6 and $14 per foot. KMA is of the opinion that there would be demand for these boat slips even if the rental rates were increased to $14 per lineal foot per month. iii. Municipal Parking KMA reviewed the City records regarding the revenues generated by the two public parking lots at the subject property. This review would suggest that the lots are not in high demand, a conclusion verified by numerous visits to the site. b. Land Revenues Table 8 presents KMA's estimate of the probable land revenues resulting from continuing the current uses on the subject property, after rental adjustment to market. The anticipated land revenues for the major components at the subject site range between $20,000 to $650,000 annually.' As shown in Table 8, of the existing uses, the mobile home park generates the highest revenues at $650,000 annually. When the present value of the estimated revenues from all uses is allocated over the entire subject property, the resulting value is $24.00 per square foot of land area. This low For comparison purposes, assumes the Marina is operated by the American Legion. Revenue Study Marinapark Site 29 July 31, 1997 TABLE 8 ESTIMATED PRESENT VALUE EXISTING USES REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH PRESENT VALUE PER SQUARE FOOT ROUNDED $23.90 $24.00 I'I INCREASED BY KMA TO REFLECT KMA'S REVISED RENTAL SCHEDULE AND CONT. OPERATION BY THE LEGION. SEE APPENDIX TABLE A C4 INCOME ADJUSTED FOR EXPENSES RELATED TO PUBLIC USES P) INCREASED BY KMA TO REFLECT KMA'S REVISED RENTAL SCHEDULE, SEE APPENDIX TABLE B FOR ESTIMATION OF REVISED INCOME KEYSER MARSTON ASSOCIATES, INC. FILENAME: Nbv lues; EXISTING; DATE: 713.1/97; JUL , .: y�y, ki\LIN PST AN NfttmEStETSFiES " TG{S a ysy�r iii ..5. y}. t LAND USE SQ. FT. EXISTING ADJUSTED EXISTING ADJUSTED MAJOR INCOME PRODUCING USES AMERICAN LEGION 58,700 $107,000 $159,000 11) $22.90 $34.00 MUNICIPAL PARKING 22,700 22,000 20,000 (2) 12.20 7.80 MARINA PARK MOBILE HOME PARK 186,000 535,000 650,000 (31 36.20 43.90 SUBTOTALNVEIGHTED AVERAGE 267,400 $664,000 $829,000 $31.20 $38.70 OTHER USES VETERANS MEMORIAL PARK 18,200 $0 $0 $0.00 $0.00 LAS ARENAS PLAYGROUND 12,900 0 0 0.00 0.00 LAS ARENAS TENNIS COURTS 60,600 0 0 121 0.00 0.00 GIRL SCOUT HOUSE 12,000 0 0 0.00 0.00 COMMUNITY SERVICES 12,000 6,000 6,000 (�1 6.30 5.60 PUBLIC BEACH 55,800 0 0 0.00 0.00 SUBTOTALANEIGHTED AVERAGE 171,500 $6,000 $6,000 $0.00 $0.00 PRESENT VALUE PER SQUARE FOOT ROUNDED $23.90 $24.00 I'I INCREASED BY KMA TO REFLECT KMA'S REVISED RENTAL SCHEDULE AND CONT. OPERATION BY THE LEGION. SEE APPENDIX TABLE A C4 INCOME ADJUSTED FOR EXPENSES RELATED TO PUBLIC USES P) INCREASED BY KMA TO REFLECT KMA'S REVISED RENTAL SCHEDULE, SEE APPENDIX TABLE B FOR ESTIMATION OF REVISED INCOME KEYSER MARSTON ASSOCIATES, INC. FILENAME: Nbv lues; EXISTING; DATE: 713.1/97; JUL value reflects the fact that approximately one -third of the site is assumed to be non- revenue generating. C. Other Revenues. The main source of 'other revenue" being generated by the subject site are minor amounts of possessory interest property tax and sales tax revenues. The present value estimate of these revenues when allocated over the entire subject property is less than $.25 and, therefore, insignificant. d. Total Revenues Based on the above, the land revenues range between $6,000 and $650,000 annually. When the total land revenues of $835,000 are allocated over the entire site, the resulting value is $24.00 in present value terms. CONCLUSION OF POTENTIAL USES AND VALUE OF REVENUES Table 9 presents a summary of the KMA analysis of individual land uses including the existing use of the subject property. As indicated, the highest value is generated by hotel use primarily due to the revenues generated by transient occupancy tax. Revenue Study July 31, 1997 Marinapark Site 30 W J m f0 W N W N Q wz Z W = J �a a O aLL O Y❑ Z D x w y awa O7 Z Z Off J I N O O O UOi o 0 F C C6 Q W C N N O w 0 W I 0 0 0 0 0 0 0 pp m 6 n of 6 O j (n Ntn R N N V W a° w W I U � Q W Z_ 01� z z O W a z Z ag �o O H W K O Q LL w O ~ Z N i� W F � Z W z z W y N W W H Q w N 7 z 2 5 ° wwwww N O Z Z Z Z Z O O 000 Z Z Z Z Z J J Z N Z Z Z} O z a J J O O O Y w w W Z Z Z J } } } Z 7 OO OO Z Q Z Z O W w 00 N Q N N O o N 00 J ? w Qmz QQ ¢ O O a > W > > (7Q U' wE QQ Z W Q Z W W o >(�o» w O w o w o o 0 <¢a vi <¢ J 0 O ? m H U S to W Z d 7 w Q w =O� = C7 J W Z J Z H w> Y w f p U) F- Z Z Z co woo< wx Q x U a O w w m o e c .. w Z 2 N 'o w w a Q = Q w U J Z O w N w iE 4 O O Z o O N OQ Z i LL E ym w W � Y a I I 1 I I 1 1 I 1 I W y J 1 I I I y W I I 1 1 I 1 I I I 1 I I 1 I 1 1 I I 1 1 I 1 I I 1 I I 1 I 1 I I I I U 1 I 1 1 Q Z w J 10 I I i 1 1 1 1 1 I 1 1 I I I I 1 I 1 1 1 I I a a 0 i a I I N Cl m ZJ x p W I I I I 1 r I I I 1 I I W I I I 1 I 1 z Z w 1 1 1 z: z w > J z I 1 I 1 I I a w O Z w Q Y FO I 1 I 1 1 I F U d F z w d w w ru O Z 1 I I I 1 I U I 1 I I I I 1 1 i I I I y Q J z O a x a 0 ID I 1 I I I I 1 I I I I I 1 I I 1 I N Lj I I z Q I I K I i J I I r b 1 I W I f 1 1 I 1 8 8 8 8 8 8 8 8 °n 8 9» w w» w m o e c .. w Z 2 N 'o w w a Q = Q w U J Z O w N w iE 4 O O Z o O N OQ Z i LL E ym w W � Y a SECTION III - DEVELOPMENT SCENARIOS In projecting potential city revenues from Marinapark, KMA has created two development scenarios. These development scenarios are based on KMA's understanding of both the land use constraints, i.e., coastal zone, tidelands, etc. as well as the characteristics of each use in terms of market demand, absorption limitation and revenue characteristics. For comparison purpose, a baseline scenario has been developed projecting revenues with the continued use, with lease rates brought to market for the mobile home spaces and marina /dry storage uses. The description of the scenarios is as follows: 1. BASELINE SCENARIO The baseline scenario assumes that (1) all of the uses remain, (2) that the market rents are revised for both the trailer park spaces and the American Legion boat slips, and (3) that the cost to complete necessary site upgrades totals $200,000. No revenue is assumed for the Girl Scout House or former museum building. Based on the data and projections presented in Section II, the estimated net annual revenues and present value of anticipated revenues over a 55 -year period is presented in Table 10. The present value of these revenues is estimated at $8.8 million. 2. SCENARIO A Partial Reconstruction This scenario involves replacing the trailer park with uses that are consistent with the restriction applicable to tidelands property on which the majority of the mobile home park is located. Under this scenario, the other uses on the site, i.e., public parking, Girl Scouts, American Legion, parks, etc., would remain. The trailer park site totaling 4.27 Revenue Study July 31, 1997 Marinapark Site 31 TABLE 10 BASELINE SCENARIO REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH USE LAND AREA (ACRES) TOTAL REVENUE('] ---------------------------------- ANNUAL ------------------------------------------ EXISTING USES(2) 8.8 $835,000 LESS: AMORTIZATION OF SITE (14,000) DEVELOPMENT AND MARKETING ESTIMATED NET REVENUES $821,000 ------------------------------- PRESENTVALUE----------------------------------------- EXISTING USES)zl 8.8 $9,000,000 LESS: AMORTIZATION OF SITE ($200,000) DEVELOPMENT AND MARKETING ESTIMATED NET REVENUES $8,800,000 ALL REVENUE IS ASSUMED TO BE LAND REVENUE ASSUMES AMERICAN LEGION CONTINUES TO OPERATE MARINA AT MARKET RATES AND MOBILE HOME PARK SPACE RENTS ARE AT MARKET KEYSER MARSTON ASSOCIATES, INC. FILENAME: Nbvaluaa; BASELINE; DATE: 7131/97; JJL acres would be developed with a major restaurant(s) using t2.0 acres with the remainder of the land ( ±1.7 acres) devoted to a hotel. __The land area devoted for a hotel would be suitable for ±85 rooms. It is assumed that the City will take over the operation of the marina. Under this scenario the new uses would not have Balboa Boulevard frontage. Thus, signage must be provided for the restaurant and hotel along Balboa Boulevard and that existing access to the portion of the site reconstructed would be upgraded. This, in turn, may require the reconfiguration / elimination of some of the existing uses along the Balboa frontage. Table 11 presents KMA's estimates of net annual and present value revenues under this partial redevelopment. As shown, the initial annual net revenues should increase over the baseline scenario by $223,000 (from $821,000 to $1.04 million). The net present value over the 55 -year projection period shows a $2.8 million increase (from $8.8 million to $11.6 million). 3. SCENARIO B Major Redevelopment Under this scenario, the Tidelands portion of the subject property would be developed with visitor serving uses that are consistent with state law covering use of tidelands. The uplands portion of the site would be developed with residential use, as residential use presents the highest and best use of the uplands portion. Inasmuch as the value of the uplands property will be impacted by the extent of development occurring on the Tidelands portion of the property, under the major redevelopment alternative, the value of the entire site is enhanced by limiting the development on the Tidelands portion of the property, thereby, enhancing the value of the uplands portion of the subject property. Thus, KMA has assumed that the American Legion facility would remain and that the Tidelands portion of the property would be used only for a small hotel, one restaurant and open space. Under this Revenue Study July 31, 1997 Marinapark Site 32 TABLE 11 SCENARIO A - PARTIAL RECONSTRUCTION REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH USE LAND AREA (ACRES) LAND REVENUE TOTAL REVENUE --------------------------------------- ANNUAL ------------------------------------------ RESTAURANT 2.00 $280,000 $370,000 HOTEL 1.70 180,000 440,000 OTHER EXISTING(') 5.10 270,000 270,000 TOTAL 8.80 $730,000 $1,080,000 LESS: AMORTIZATION OF SITE (36,000) (36.000) DEVELOPMENT AND MARKETING ESTIMATED NET REVENUES $694,000 $1,044,000 --- ----- --- ---- ---- ---'---------- PRESENT VALUE--------- -------------- --- "'------ - - - - -- RESTAURANT HOTEL OTHER EXISTING(') TOTAL 2.00 $3,000,000 1.70 1,900,000 5.10 3,400,000 8.80 $8,300,000 LESS: AMORTIZATION OF SITE DEVELOPMENT AND MARKETING ESTIMATED NET REVENUES rr rrr :rr rrr rrr rrr rr rrr •r rrr rr rrr rr rrr .rr rrr ASSUMES REPLACEMENT OF MOBILE HOME PARK, THEREFORE REVENUES GENERATED FROM AMERICAN LEGION, PARKING AND COMMUNITY SERVICES REVENUES REDUCED BY 15% TO REFLECT FRONTAGE IMPROVEMENTS. KEYSER MARSTON ASSOCIATES, INC. FILENAME: Nbvalue ; SCENARIOA; DATE: 7131/97; JJL scenario. It is also assumed that the City will take over the operation of the marina. The anticipated revenues under this scenario are presented in Table 12. As shown, it is assumed that the uplands portion of the property would be used for ownership residential. The annual net revenues should increase over the baseline scenario by $557,000 (from $821,000 to approximately $1.38 million). The net present value over the 55 -year projection period shows a $7.1 million increase (from $8.8 million to $15.9 million). This scenario has a projected net present value of $4.3 million over partial reconstruction (Scenario A) of Marinapark. Development of ownership residential through a ground lease of the uplands property raises a number of economic and public policy issues. First, a substantial discount has been applied to the fee value of the property (30 %). Secondly, reappraisals to market value are not assumed over the term of the lease, reflecting the experience of the Irvine Co. and others who have met substantial political public opposition to such increases. Rents are allowed to increase only 1 % annually. Finally, public agency's who are landlords face continued exposure to tenant complaints, particularly from residents. Given the inherent problems with ownership housing on leased land, it may be appropriate for the City to consider other housing types including time shares. Time shares on the uplands property may be a logical extension of the hotel located on the Tidelands portion of the site and produce additional transient occupancy tax revenues to the City. It should be noted that given the demand for beachfront property, the City might want to consider joint use of the American Legion building for community meeting space. Revenue Study July 31, 1997 Marinapark Site 33 TABLE 12 SCENARIO B - MAJOR REDEVELOPMENT REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH USE LAND AREA (ACRES) LAND REVENUE TOTAL REVENUE ............... ANNUAL ---- -- -'_- ------------------------------------------ RESIDENTIAL (30 LOTS)(') 3.53 $570,000 $610,000 HOTEL 2.00 210,000 510,000 RESTAURANT 1.00 140,000 187,000 OTHER EXISTING('( 2.27 246,000 246,000 TOTAL 8.80 $1,166,000 $1,553,000 LESS: AMORTIZATION OF SITE (175,000) (175,000) DEVELOPMENT AND MARKETING " ESTIMATED NET REVENUES $1,378,000 ____ __ _______ ________________________PRESENT VALUE ----------------------------------------- RESIDENTIAL (30 LOTS)(') 3.53 $6,800,000 $7,300,DDD HOTEL 2.00 2,200,000 5,500,000 RESTAURANT 1.00 1,500,000 2,000,000 OTHER EXISTING(') 2.27 3,100,000 3,100,000 TOTAL 8.80 $13,600,000 $17,900.000 LESS: AMORTIZATION OF SITE ($2,000,000) ($2,000,000) DEVELOPMENT AND MARKETING " ESTIMATED NET REVENUES $11,600,000 $15,90.000 REFLECTS THE MIDPOINT VALUE BETWEEN LOTS WITH VIEWS AND LOTS WITH LIMITED OR NO VIEWS ' ELIMINATES ALL EXISTING USES EXCEPT THE AMERICAN LEGION; REVENUES REDUCED BY 15% FOR FRONTAGE IMPROVEMENTS KEYSER MARSTON ASSOCIATES, INC. FILENAME: NWdlue ; SCENARIOS; DATE :7(31/97; JJL CONCLUSION OF POTENTIAL USE KMA's analysis of potential City revenues clearly suggests that the City revenues can be maximized by redevelopment of the entire site. Specifically, KMA would conclude: 1. The upland portion of the subject property should be used for residential. This analysis would suggest that housing create the highest revenue for this portion of the site. 2. The City would be best to limit development on the tideland portion of the subject property so as to maximize the value of the upland portion of the property. While either hotel or restaurant use is viable, hotel use and limited restaurant space may be more compatible with the residential nature assumed to take place on the upland portion of the site, and would limit potential noise impact to properties on Lido Island. 3. As previously mentioned, the value of the upland portion of the property has been impacted by the assumption to lease rather than sell the uplands portion of the subject property. The City, however, may want to consider selling the fee interest in the uplands portion, especially if there is a desire by the City to see ownership housing development. Based upon conclusions as to value contained in Fuller and Associates' appraisal report, KMA believes the annual reinvestment earnings the City could expect from sale proceeds for the uplands portion of the property alone is significantly higher than annual revenues the City would receive from leasing the uplands property. KMA has estimated that the City could enhance the present value of the revenues by $1.8 to $3.1 million compared with leasing the land, even after taking into consideration the loss of land appreciation resulting from a site. Revenue Study Marinapark Site 34 July 31, 1997 TABLE A AMERICAN LEGION SLIP DRY STORAGE FEE ADJUSTMENT ESTIMATED NET OPERATING INCOME - REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH AVERAGE CURRENT SLIP AND SPACE RENT $11 PER FOOT PER MONTH ADJUSTED SLIP AND SPACE RENT $14 PER FOOT PER MONTH CITY OPERATES MARINA AMERICAN LEGION CONTINUES TO OPERATE MARINA EFFECTIVE GROSS INCOME CITY SHARE AT TOTAL CITY SHARE SLIP SLIP SPACE ADJUSTED ANNUAL INCOMEI71 $237,000 $122,000 VACANY AND COLLECTION AT 5% ($12,000) ($6,000) EFFECTIVE GROSS INCOME $225,000 $116,000 (LESS): OPERATING EXPENSES AT $715 PER SLIP AND $350 PER SPACE ($34,000) ($18,0W) NET OPERATING INCOME $191,000 $96,000 TOTAL REVENUE $289,000 AMERICAN LEGION CONTINUES TO OPERATE MARINA EFFECTIVE GROSS INCOME CITY SHARE AT TOTAL CITY SHARE SLIP SPACE $225,000 $116,000 50% 40% $113,000 $46,000 $159,000 BASED ON 47 SLIPS WITH AN AVERAGE BOAT SIZE OF 30 LINEAL FEET AND AND 52 SPACES WITH AN AVERAGE BOAT SIZE OF 14 LINEAL FEET. KEYSER MARSTON ASSOCIATES, INC. FILENAME: N"ues; AMLGADJ; DATE: 7/31/97; JJL TABLE B MOBILE HOME PARK LEASE RATE ADJUSTMENT ESTIMATED NET OPERATING INCOME REVENUE STUDY FOR ALTERNATIVE USES MARINA PARK CITY OF NEWPORT BEACH AVERAGE CURRENT SPACE RENTIII $896 PER MONTH ADJUSTED SPACE RENT $1,071 PER MONTH INCOME SPACE RENT $745,200 UTILITY CHARGES 15,312 TOTAL SCHEDULE INCOME $760,512 LESS: ASSUMED VACANCY DUE 6,000 TO RATE INCREASE @ 2%131 $15,210 6,000 ($15,210) OPERATING EXPENSES(3) 25,548 REPAIRS & MAINTENANCE $1,200 JANITORIAL SUPPLIES 240 MAINTENANCE - LANDSCAPE 12,000 TRASH 6,600 UTILITY -GAS 18,000 TOTAL OPERATING EXPENSES 1,991 GEN. & ADMIN. EXPENSES(3) COMPUTER SERVICE $876 INSURANCE - WORKERS COMP 1,816 CONSULTING FEES 6,000 LEGAL FEES 6,000 MANAGEMENT FEES 25,548 OFFICE SUPPLIES /EXP. 240 POSTAGE & DELIVERY 180 SALARIES 16,666 TAXES- PAYROLL 1,991 TOTAL GENERAL & ADMINISTRATIVE EXPENSES ($59,317) N B -0P;. TOTAL NET OPERATING INCOME $647,945 ROUNDED TO $650,000 SPACE REM RANGES FROM $743 TO $1,053 PER MONTH; AVERAGE SPACE RENT @ $896 PER MONTH to THE MOBILE HOME PARK IS CURRENTLY AT FULL OCCUPANCY; THE VACANCY RATE REFLECTS NATURAL VACANCY DUE TO RATE INCREASE q� EXPENSES BASED ON 94/95 FISCAL YEAR ACTUALS KEYSER MARSTON ASSOCIATES, INC. FILENAME: NDval e ; MHPADJ; DATE: 7/31/97; JJL rll q 4' CONSENT OF, CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. 1-A ) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between Clayton L. Baldwin & Claudia Baldwin and the City of Newport Beach, as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or covey a Mobilehome and trailer space without the prior written approval of the City Council of the City of Newort Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October 1, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of sale to cover certain administrative costs of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of.Newport Beach for the sale of Mobilehome Space No. 1 -A in Marinapark. NOW, THEREFORE, in consideration of the terms., covenants and conditions of said Lease Agreement of Marinapark, Clayton L. Baldwin & Claudia Baldwin as Vendor sells all rights, title and interest to the Mobilehome located on the Mobilehome Space No. 1 -A to Sortfkw , as Vendee. M Commencing October 1, 1977, in consideration for consenting to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City of Newport Beach $ 2,364.00 which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to Teri GUY as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions, including and in addition to paragraph 3. TERM, of that certain Lease, Newport Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the 60 day of October 1983 - A EST: City Clerk A72: // I 3 VENDOR Clayton L. Baldwin, r. Claudia Baldwin VENDEE Teri Guy to CITY OF NEWPORT BEACH A Municipal Corporation By yor • CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. 7 -A ) WHEREAS, the City of Newport Beach, a' chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant iZ the Lease Agreement between Richard Kratz, M.D. & Carmen Kratz and the City ,of Newport Beach as executed March 23;''1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October 1, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the sale of "Mobilehome Space No. 7 -A in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, Richard Kratz, M.D.. & Carmen Kratz as Vendor sells all rights, title and interest to the Mobilehome located on the Mobilehome Space No. 7 -p to Nathan Meister and Eva Meisler as Vendee. Commencing October 1, 1977, in consideration for consent- ing to this sale, and; to cover administrative costs.of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City of Newport Beach $ 2.274.00 which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to Nathan Meisler & Eva Meisler as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23, 1975,. a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the 12 'day of SepteWb , 19 83 VENDOR IF .,vxn�� CITY OF NEWPORT BEACH A Municipal Corporation By yor ATTE T: City Cler APPROVED AS TO FORM: C ty Attorney -2- 8/16/18 c - 15y� c- �9Y, CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. 4-A ) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between Emma Wright and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not.sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October 1, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent'of the City.of Newport Beach for the sale of Mobilehome Space No. 4-A in Marinapark: ° NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, Ema Wright as Vendor sells all rights, title and interest to the Mobilehome located on the Mobilehome Space Paddock No. 4 - A to Ledger J. Paddock or Mgybelle L. as Vendee. Commencing October 1, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City of Newport Beach $ 20274.00 which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to IEDG�R J, ppD g MevaFt.iF. L. PADDOCSS Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents.to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23, 1975, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the 12 day of March ,.. 19 83 ATT ST: -City Clerk APPROVED AS TO FORM: City Attorn y ► k .1. Emma Wright CITY OF NEWPORT BEACH A Municipal Corporation -2- I. 8/16/78 A R CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No.. 1 -D } RECEIVED N DEC 101979 ► Mayor City of Newport Beach /, WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the.Lease Agreement between Lenore.J. Krems and the City of Newport Beach as executed.March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome.and trailer.space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October 1, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City,of Newport Beach for the sale of Mobilehome Space No. 1 -D in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, Lenore J. Krems as Vendor sells all rights, title . and interest to the Mobilehome located on the Mobilehome Space No. 1 -D to Bernard L. Feldman as Vendee. Commencing October 1, 1977,.in consideration for consent -' ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to.the City of Newport Beach $ 1,519.50 which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to Bernard L. Feldman as Vendee.. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions.of that certain Lease, Newport Marinapark, originally executed March 23, 1975, 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 December ,. 19 79 ATTEST- /; r ity Clerk APP FORM: VENDOR VENPEE 4�2�� gjAIV�� Bar Feldman CITY OF NEWPORT BEACH A Municipal Corporation By Mayor -2- 8/16/78 40 W CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No.. 9-B ) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between Jerry M. Lewis & Lila.Lewis and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October 1, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the sale of Mobilehome Space No. 9 -B in Marinapark. NOW, THEREFORE, in consideration of the terms,. covenants and conditions.of said Lease Agreement of Marinapark, Jerry M. Lewis & Lila Lewis as Vendor sells all rights, title and interest to the Mobilehome located on the Mobilehome Space No. 9-B to Morris Rohrlick & June Rohrlick , as Vendee. Commencing October .l, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the.City r of Newport Beach $ 1816.50 n] which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to Morris Rohrlick & Lila Rohrlick as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WEHREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. ATTEST: City Cler . *I 9 FORM: VENDOR \' T14LT T 1711 CITY OF NEWPORT BEACH A Municipal Corporation ps CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. 3-D ) WHEREAS, the,City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between Harry C. Patterson & Marcia Patterson and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October 1, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall,pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the sale of Mobilehome Space No. 3 -D in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of.said Lease Agreement of Marinapark, Harry C. Patterson & Marcia Patterscss Vendor sells all rights, title . and interest to the Mobilehome located on the Mobilehome Space No. 3 -D to Joseph Foreman & Blossom Foreman as Vendee. Commencing October 1, 1977,.in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to,the City of Newport Beach $ 1,380.00 which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to Joseph Foreman & Blossom Foreman as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents.to and agrees to all of the terms, covenants and conditions.of that certain Lease, Newport Marinapark, originally executed March 23, 1975, a copy of which is attached hereto. IN'WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the 26th day of July ,.. 19 79 ATTEST: 'City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By Mayor -2- 8/16/78 CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No.:. 5-1) ) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between Roy C. Hale & Gennv Hale and the City of Newport Beach as executed.March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome, and trailer.space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October 1, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs Of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City.of Newport Beach for the sale of . Mobilehome Space No. 5 -D in Marinapark. NOW,. THEREFORE, in consideration of the terms, covenants and conditions of.said Lease Agreement of Marinapark, Roy C. Hale & Oenny Hale as Vendor sells all rights, title and interest to the Mobilehome located on the Mobilehome Space No. 5 -D to Bernard L. Saxon & Lillian Saxon as Vendee. Commencing October 1, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City. IV M of Newport Beach $ 1.380.00 which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to Bernard L. Saxon & Lillian Saxon as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents.to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinap ark, originally executed March 23, 1975, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the 12th day of January , 1979 VENDOR ATTEST: City Cle APPROVED AS TO FORM: CAr City tto ey CITY OF NEWPORT BEACH A Municipal Corporation By Mayor -2- 8/16/78 • ft CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. 8 -C ) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between Bernard Saxon & Lillian Saxon and the City of Newport Beach as executed .March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome. and trailer space without the prior written approval of the City Council of the—City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October 1, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City_of Newport Beach for the sale of Mobilehome Space No. 8-C in Marinapark.. NOW, THEREFORE, in consideration of the terms, covenants and conditions of.said Lease Agreement of Marinapark,' Bernard And Lillian Saxon as Vendor sells all rights, title and interest to the Mobilehome located on the Mobilehome Space. No.. 8-C Commencing • ing to this sale City of Newport and the City of to Mitchell Shames & Sondra Shames as Vendee. October 1, 1977, in consideration for consent ?, and to cover administrative costs of the Beach all as provided in the Lease between Vendor Newport Beach, Vendor agrees to pay to. the City of Newport Beach $ 1,380.00 which amount equals six times the current monthly rental on said Mobilehome space.. The City of Newport Beach hereby consents to the sale and • transfer of said Mobilehome and Mobilehome Space to. Mitchell & Sondra Shames as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain. Lease, Newport Marinapark, originally executed March 23, 1975, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto h ve causNd this Agreeme "�tr!to� bbe made and executed the 288th- day of ' Decambe ,. 1994 ATTEST: q .City Clerk . APPROVED AS TO FORM: City Attorney VENDOR VE DEE /t7iTcE(6LC- SHAMES SolvDRA 1-1A -`7t 5 CITY OF NEWPORT BEACH A Municipal Corporation -2- / I = �r 8/16/78 LEAS E THIS LEASE, made and entered into this day of 1978, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation, hereinafter. referred to as "Lessor ", and ROBERT AND BARBARA FEI, hereinafter referred to as-"Lessees", which Lessees are individually identified'by trailer space number and their signature to this document. R E C I T A L S: A. Lessor holds title to and is the owner of certain harbor frontage and tidelands, together with certain uplands abutting thereon located on Balboa Boulevard in the City of Newport Beach and which is presently utilized as a mobilehome park.commonly known as Newport Marinapark. B. Lessor and the lessees of all fifty -eight (58), trailer spaces entered into an agreement on June 25, 1973, providing that Lessor would lease to Lessees said trailer spaces until September 30, 1977, upon certain conditions and terms contained in said agreement marked Exhibit "A" and which is incorporated herein and made a part hereof by this reference. C. On December 22, 1975, the City Council of the City of Newport Beach upon the recommendation of the "Ad Hoc Committee on Marinapark Leases" voted to extend said trailer space leases.for an additional period of time as hereinafter set forth. D. It is the judgment of the City Council of the City of Newport Beach that it is for the best interests and welfare of said City and the residents thereof to lease said trailer spaces hereinafter described to Lessees for the purpose hereinafter set forth and for the consideration hereinafter maintained. E. It is the judgment of the City Council of the . City of Newport Beach that the leasing of said trailer spaces hereinafter described, to Lessees, upon the conditions in this Lease Agreement specified, is not inconsistent with the trust purposes imposed upon such portions of the lands hereinafter described which may constitute tidelands, nor is the leasing of said adjoining uplands hereinafter described in violation of the gift clause of the Constitution of the State of California; it is further the judgment of the City Council of the City of Newport Beach that this lease complies with the Charter of the City of Newport Beach, all local ordinances and the General Laws of the State of California. F. Lessor proposes to lease to Lessees the trailer spaces described hereinafter, and Lessees are willing to accept said.lease.on the terms and conditions hereinafter set forth. NOW., THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND THE MUTUAL COVENANTS set forth below, Lessor and Lessees hereby agree as. follows: 1. MEANING OF WORDS a. Park Manager or management is the person or persons designated by the City Manager as being responsible for administering the terms of the lease and the Rules and Regulations promulgated.thereunder. b. Marinapark, trailer park and park are used interchangeably and all refer to Newport Marinapark. c. Mobilehome and trailer are used interchangeably and for the purpose of this lease are synonymous. d. Trailer space, trailer lot, mobilehome space, U and trailer site are all used interchangeably and for the purpose of this lease all refer to the demised premises. 2. DESCRIPTION OF LEASED PREMISES Lessor hereby leases, and Lessees do hereby accept a lease of a trailer space as indicated situated in Newport• Marinapark as shown on the attached site plan marked Exhibit "B" and made a part herein by this reference; 3. TERM The term of this lease is for a period of nine (9) years and eight (8) months, commencing on the 1st day of February, 19.76, and ending on the 30th day of September, 1985. Should the City Council find.and determine on or about the expiration of this lease that Newport Marinapark is not required for any public trust purpose or other public purpose, Lessees shall have the option to extend this lease for five (5) years i following the expiration of the initial term, upon the same I conditions herein contained. If Lessees elect to exercise this option, they shall notify Lessor in writing of their intent to so exercise said option. .4. MINIMUM RENTAL As minimum rental, Lessees covenant and agree to pay to Lessor the sum of Two Hundred and Thirty Dollars ($230.00) per month for each bayfront mobilehome space marked in Spaces A, B and F and One Hundred and Ninety Dollars ($190.00) per month for each inside mobilehome space located in Sections marked.;. C, D and E until June 30, 1976. Commencing July 1, 1976, as minimum rental, Lessees covenant and agree to.pay to Lessor the sum of Two Hundred and Forty =five Dollars ($245.00) per month for each bayfront mobilehome space located in Sections marked A, B and F and Two Hundred Dollars ($200.00), per month for each i inside mobilehome space located in Sections marked C, D and E, payable on the lst clay of each month so long as this lease remains in.effect. Said rental payment and any adjustment thereto -3- as hereinafter provided is deemed to be the fair market rental value for said demised mobilehome trailer spaces. 5. ADJUSTMENT OF MINIMUM RENTAL Commencing on October 1, 1977, and every year there- after so long as this lease remains in effect, the minimum monthly rental as set forth in paragraph 4 of this lease shall be subject to increase in proportion to any changes in.the Consumer Price Index (All Items) for the Los Angeles -Long Beach, California Area as promulgated by the Bureau.of Statistics of the United States Department of Labor (CPI) in accordance with any increase of an arithmetical average of the monthly index figures for the twelve calendar months beginning July 1 and ending. June 30. In any event, and regardless of the CPI, the minimum annual increase in the monthly rental shall be Fifteen Dollars ($15.00).per month for all trailer spaces. The maximum annual increase in the monthly rental shall be Twenty -Five Dollars ($25.00) per month for each inside mobilehome trailer space consisting of Sections C, D and E and. .Thirty Dollars ($30.00) per month for each bayfront mobilehome trailer spaces consisting. of Sections. A. B and F. If the aforementioned Consumer Price Index as now compiled and published is superseded by another index, then from and after the date on which the new index becomes available it shall be used to calculate the increase in annual percentage monthly rental.as set forth above, provided that an appropriate conversion from the old index to the new.index can feasibly be made. 6. EXISTING LEASE AGREEMENT The terms and conditions of the existing Lease Agreement between the City of Newport Beach and the lessees of the fifty -eight (58) Newport Marinapark mobilehome trailer spaces dated June 25, 1973 (Exhib --t "A "), shall remain in full force and effect and shall be binding concurrently with the -4- t terms and conditions of this Lease Agreement. However, if, there is any inconsistency or conflict in the language of the two agreements, the terms and conditions of this Lease Agreement supersedes and prevails.over the terms and conditions of the June 25, 1973 Lease Agreement. Those Lessees and their successors or assignees who are parties to the June 25, 1973 Lease Agreement and who elect not to sign this Lease Agreement . will continue to be bound under the terms and conditions of the June 25, 1973 Agreement and will accordingly be required to peaceably vacate their respective trailer spaces on or . before October 1, 1977, without contest, legal or otherwise, notwithstanding any of the provisions to the contrary contained in the June 25, 1973 Lease Agreement. 7.. SALE Lessees shall not sell, assign, exchange.or convey, excepting testamentary transfers, their respective mobilehomes and trailer spaces without the prior written approval of the. Newport Beach City Council. 8. .ADMINISTRATIVE FEE . Beginning October 1, 1977, Lessees shall pay Lessor a fee equivalent to six (6) months' rental, .based on. the. rate at date of sale, when mobilehomes are sold and trailer.spaces . are assigned to new tenants. Said fee is to cover.certain administrative costs.to Lessor such as the preparation of a new lease document and building and health and safety code inspec- tions. Said fee is considered reasonable and not in violation. of Section 789.8 of the California Civil Code. 9. ASSIGNMENT - SUBLEASE Lessees may sublease any of his.rights hereunder after first obtaining the written consent of the City Manager or his designated representative on.forms prepared by the City Attorney and approved by the City Council, and any such subletting without Lessor's prior written consent shall be in violation of the Lease and, therefore, void. -5- 10. PUBLIC ACCESS There is hereby reserved over the lease properties at the east end of Newport Marinapark a public walkway of approximately ten (10) feet.in width. Said walkway shall provide convenient access for the public to the beach and waters of the harbor bayward of Marinapark. Lessor shall, pay for any.costs. associated with the construction or improvement.of said public walkway. 11. BICYCLE PATH - PEDESTRIAN WALKWAY A bicycle path and pedestrian walkway twelve feet in width shall be constructed bayward of and adjacent to the existing retaining wall in front of Marinapark. Said bicycle .path and pedestrian walkway will connect with the public walkway at the east end of the Park referred to hereinabove in paragraph 10. Lessor shall pay for any costs associated with the construc- tion and installation of said bicycle path and pedestrian walkway. USE The leased premises shall be used solely for the location and storage of a mobilehome of approved size and dimension. Lessees agree .to comply with all laws, regulations and ordinances of. the City, County and State affecting the leased premises and improvements located thereon, including Lessees'.. mobilehomes. 13. TAXES.AND UTILITIES Lessees shall pay before delinquent any general and special taxes or assessments or other governmental charges, if any, which may be levied on the demised premises or mobilehomes located thereon, including any improvements associated therewith, or any possessory interest therein arising out of or.based upon the leasehold interest throughout the term hereof. Satisfactory evidence of such payments.shall be made available to Lessor upon demand therefor.. Lessees shall make arrangements individually and. pay for electric and telephone service directly with the utility companies furnishing the same. Lessor shall furnish water to Lessees for use on the trailer site. Should a Lessee use an abnormal amount of water or waste water or permit water . to be wasted by occupants or guests of his trailer,. a reasonable charge,.the amount to be determined by Lessor, may be assessed to the Lessee for such water. Lessees shall each pay to Lessor a flat rate of Ten Dollars ($10:00) per month for gas service . provided to their respective trailer spaces. 14. RELOCATION OF ENTRANCE - TENNIS COURTS Lessees agree to cooperate with Lessor should Lessor . wish to relocate the main entrance of Marinapark to 18th Street or should Lessor desire to install additional tennis courts on the public area adjacent to Marinapark. Lessees further agree to cooperate with Lessor should Lessor desire to install any other improvements as set forth in.the Master Plan for Newport Marinapark. 15. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS Lessor agrees to maintain the grounds, landscaping and all City -owned buildings, and any other improvements in existence or constructed or installed on the Marinapark property. Lessees will at.their own cost and expense maintain their respective mobilehomes, cabanas, and any other improvements connected to or associated with their mobilehomes at a high standard of maintenance and repair.. If in the judgment of Lessor such standards of maintenance and repair are not being maintained, Lessor may, at its option, after written notice.thereof to the Lessees and Lessees' failure to commence in good faith to remedy: the same within a reasonable period of time, to diligently prosecute the same to completion., elect to correct any deficiency and Lessees agree to pay to Lessor on demand any and all sums expended by it in correcting any such deficiency. Lessees further agree that any'and all landscaping located adjacent to mobilehomes shall be limited to three feet in height in order to minimize any possible view obstruction of the Bay from the inside units. .16. 'RULES AND REGULATIONS Lessees agree to abide by and be bound to the attached "Rules and REgulations" marked Exhibit "C" and made a . part herein by this reference. 17. INDEMNIFICATION Lessees covenant that they will hold and save Lessor, 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 demised premises, and to indemnify Lessor 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 Lessees' property; except for any damage or injury of any kind arising out of the negligence of Lessor, its agents, or employees. Lessees, as a material part of the consideration under this Lease Agreement, hereby waive all claims against Lessor.. for any damage or loss from any cause arising at any time, including but not limited to fire, theft, Acts of God, vandalism, or any physical damage while the trailer remains in the mobile - home park, other than the negligence of Lessor's agents, officers. or employees. Lessees do hereby a(free to indemnify and hold Lessor harmless from and on account of any damage or injury to any person or. equipment.on the.trailer arising from any cause or from the negligence of a Lessee, his family or guests. -8- 18. NON- COMPLIANCE AND TERMINATION OF LEASE Time and each of the terms, covenants and conditions hereof are expressly made the essence of this lease. j If Lessees shall fail to comply with any of the terms, covenants or conditions of this lease, including the payment of rental herein reserved, at the time and in the amount herein required, and shall fail to remedy such default within sixty (60) days after service of a written notice from Lessor so to do if the default may be cured by the payment of money, or to commence in good faith to remedy any other default within sixty (60) days and thereafter diligently prosecute the same to completion, or if a Lessee shall abandon or vacate the . leased premises, Lessor may, at its option, and without further notice or demand, terminate this lease and enter upon,the leased premises and take possession thereof, and remove any and all persons therefrom with or without process of law. Lessor may elect to terminate this Lease for any event of default or breach hereof or of the park Rules and Regulations. Should Lessor elect to terminate, it may recover from Lessees all damages incurred by Lessor by reason of such breach, including,- without limitation, the cost of recovering the.premises, and the worth at the time of such termination of the excess, if any,' of the amount of unpaid rent and unpaid charges reserved under'. this Lease over the amount of the rental loss which Lessees prove could be reasonably avoided, for the remainder of the .term of this lease. Such amount shall be immediately due and payable from Lessees to Lessor, together with interest at, the rate of ten percent (10 %) per annum from the date owing until paid.' The remedies of Lessor specified herein are in addition to and cumulative of any remedies provided, Lessor by statute, including the remedies provided in California Civil Code Sections 1951.2, et sue. 19. ABANDONMENT OF IMPROVEMENTS Any and all improvements, including mobilehomes and cabanas, left remaining on said trailer space at the expiration or termination of this lease shall belong to and be the property of the Lessor. Lessor shall have the absolute right to demolish, or otherwise remove, any such trailers and /or appurtenances without further notice or compensation of any kind to Lessees. 20. SURRENDER OF POSSESSION UPON EXPIRATION OR TERMINATION Upon the expiration or termination of this Lease, Lessees agree.to peaceably deliver possession of the leased trailer spaces to Lessor and unconditionally agree to vacate the premises without contest, legal or otherwise. Lessees further expressly agree to waive any and all legal rights they. may have to contest vacating the premises and further agree to release Lessor from any and all claims they may have of whatever nature. Lessees further agree to waive any relocation assistance or any other assistance from Lessor resulting from vacating the leased premises. 21. LIQUIDATED DAMAGES Failure of Lessees to vacate the leased premises upon expiration or termination of this lease will result in damages being sustained by Lessor. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Those individual Lessees who fail to vacate said premises will pay Lessor One Hundred Dollars ($100.00) each for every day "those individual Lessees fail to vacate said premises.. It is agreed that the One Hundred Dollars ($100.00) per day per each individual. Lessee refusing to vacate said premises is the minimum value of the actual damage caused by said failure to vacate, that sur_h.sum is to be considered liquidated damages and shall not he construed as a .penalty. -10- 22. ATTORNEYS' FEES Should either Lessor or Lessees be required to employ counsel to enforce the terms, conditions and covenants of this Lease Agreement, the prevailing party shall recover all reasonable attorneys' fees (and court fees if applicable) incurred therein whether or not court proceedings were commenced. 23. REMEDIES CUMULATIVE' The rights, powers, elections and remedies of the Lessor 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 Lessor's right to exercise any other: 24. NO WAIVER No delay or omission of the Lessor to exercise any right or. power arising from any omission, neglect or default of the Lessees shall impair any such right or power or shall be construed as a waiver of any such omission, neglect or default on the part of the Lessees or any acquiescence therein. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this 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. 25. COMPLIANCE WITH LAWS Lessees covenant and agree to comply with all rules, regulations, statutes, ordinances and laws of the State of California, County of Orange, tho City of Newport Beach or any other governmental body or agency having lawful jurisdiction over the leased property. -11- 26.. 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 Lessor on Lessees, it may be, served either: 1. By delivering a copy.to the Lessee personally; and 2. 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 3. If no one can be found, then by affixing a copy of the notice in a conspicuous place on the trailer space or mobilehome and also sending a copy through the mail addressed to the Lessee. Such service upon the Lessor or Lessee shall be deemed complete at the expiration of forty -eight (48) hours from and after the deposit in the United. States mail of.such notice, demand or communication. 27. MISCELLANEOUS A. Inurement Each and all of the.covenants, conditions and agreements herein contained shall,.in accordance with the context, inure to the benefit of Lessor and apply to and bind Lessees, their respective heirs, legatees, devisees, executors, administrators, successors,. assigns, licensees, permittees, or any person who may come into possession or occupancy of said premises or any part thereof in.any manner whatsoever. .Nothing in this paragraph shall in any way alter the provisions herein contained against assignment or subletting.. -12- �r B. Captions The captions of paragraphs and subparagraphs of this lease are for convenience only and do not in any way limit or amplify the terms and provisions hereof. . IN WITNESS WHEREOF,.the parties have.caused this Agreement to be executed on the date first above written. ATTEST: AJ City Clerk APPROVED AS TO FORM: DENNIS D. O'NEIL City.Attorney CITY OF NEWPORT BEACH Mayor ROBERT F. FEI BARBARA FEI "Lessees" Mobilehome Space No. 9 -D DDO /bc 3/30/78 UAL 3;JCC' -2Lcif�d A G R E E I_t E N T + 1,;`i�IItC13?1'LE,CnsnR� csn:ar -7294 THIS AGREEMENT, made this. 25 N day of JU&C , 1.973, by and bet`:,een the CITY OF NEWPORT BEACH, a municipal corpo-ration, hereinafter sometimes termed "Lessor" and the lossees of 58 trailer quark spaces in that part: known as Newport Marinapark,. hereinafter sometimes termed. "Lessees," which Lessees are individually identified by their signatures to this document. W I T E S S E T H.- WHEREAS, the City of Newport Beach is the owner of that certain real property located on Balboa Boulevard in the City of Newport Beach presently utilized as a trailer park and known as Newport flarinapark;'.and WHEREAS, the City has leased 58 trailer park spaces to certain Lessees under separate standard form rental agree- ments; and WHEREAS, although said leases by their terms will expire on June 30, 1974, various alleged representations have been made concerning extension of said leases and a dispute has arisen between Lessor and Lessees concerning the termina- tion date of said leases; and WHEREAS, on October 10,1972, the City Council of the City of Ne;vport Beach voted to accept the recommendation of the Parks, Beaches and Recreation Committee to convert Newport Marinapark into a public recreation area at the . termination of said leases; and WHEREAS, the City Council of the City of Newport . Beach wishes to terminate the Marinapark leases on a date certain; and EXHIBIT "A" 6M__J h'f[GP,'AS, pursuant to Newport Beach Resolution No. 7976, a copy of which is attached hereto, marked Exhibit "n" and made a part herein by this reference,, Le sor and Lessees are desirous of agreeinn to a transitional period to reaolvo their differences concerning c -:hcn said leases shall terminate; and . WIiEREAS, Lessor and Lessees are desirous of other- wise modifying said leases. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport.Beach as Lessor and the Lessees of Newport Marinapark hereby agree as follows: 1. A transitional period shall be established whereby leases for all 58 trailer park spaces shall be extended to and including September 30, 1977. 2.. Any after September 30, 1977, City may give ninety (90) days written notice to vacate said premises to all Lessees of Newport Marinapark. Said notice shall not be given by.City until City has allocated necessary funds, approved necessary plans, and obtained all necessary govern- mental approvals, including environmental requirements, zoning requirements and any other requirements to achieve the conver- sion of Newport Marinapark into a public recreational area. until said written notice to vacate is given, all Lessees shall remain on a month -to -month tenancy subject to the same terms and conditions as their leases shall provide as herein . modified. 3.. Upon the expiration of the ninety (90) days pursuant to written notice to vacate.as described in paragraph 2, all 58 Newport Marinapark Lessees unconditionally agree to vacate the premises without contest, legal. or otikerwise. Said Nc,wporl_ Marinapark i ;esscos expressly ngrne to waive any and -2-- c, cr; -F� W al 1. legal rights they may ,have Lo contest. Said vacation of the. prem.is'es and agree to releau;e said .City from any and all C: ) U-) claims they may have. of whatover nature to otherwise extend said lease period.. Lessees further agree to waive any . rel.o = .11. cation assistance or any other assistance front Lessor resulting from vacating the premises, 4. At the end of said ninety (90) days written notice to vacate period Lessees agree that any remaining trailers and /or appurtenances in Newport Marinapark shall be, deemed, property of.Lessor and Lessor shall have the absolute right to demolish, or otherwise remove, any such trailers and /or appurtenances without further notice or compensation of any.kind to Lessees. S. Failure of the Lessees to vacate said premises as provided in paragraphs 2 and 3 will result in damages . being sustained by Lessor. Such damages are, and will con- tinue to be, impracticable and extremely difficult to deter- mine. Those individual Lessees who fail to vacate said premises in accordance with paragraphs 2 and 3 will pay Lessor One Hundred Dollars ($100) each for ever., day those individual .. Lessees fail to vacate said premises. I.t is agreed that the One Hundred Dollars ($100) per day per each individual lessee refusing to vacate said premises is the minimum value of.the actual damage caused by said failure to vacate, that such sum is to be considered liquidated damages and shall not be con -, strued as a penalty. 6. Lessees agree to notify any purchaser or assignee of their interest in a trailer or tenancy in Newport Marinapark of this .agreement and secure any such purchaser or assignee's express consent to the terms and provisions of this Agreem tnt. _3__ w M ft 7.. All Newport Marinapark Lessees agree to a rental increase in diccordance with the followi.nr.q schedule, eff(.r_,U c Julv 1, 1973: 1972 -73 1973 -74 1974 -75 1975 -76 1976 - Front Trailer-_ (24) per month $170 $200 $215 $230 $24`_ Rear. Trailers (34) per month 145 170 180 140 20G B. All Newport Marinapark Lessees shall cooperate with Lessor in.the installation of wider pathway access to the public beach at the east end of Newport Marinapark. 9. Lessees shall also cooperate with City should City desire to install additional tennis courts on the public area. 10. The provisions of the existing Rental Agreements and Regulations between Lessor.and Lessees shall remain in ef- feet through the periods herein specified except as otherwise modified by this Agreement. 11. Should Lessor be required to bring suit in court to enforce any of the teens or conditions of this Agreement,.. Lessee s. agree to pay Lessor its costs and reasonable attorneys' fees. 12. This Agreement will be deemed null and void unless- executed by each and every one of the 58 Lessees on or before November 7; 1973. 13. .This.Agreement shall be binding upon the Lessees' heirs, successors and assigns and shall be recorded in the . office of the Countv Recorder of Orange County. IN FiITNESS WHEREOF, the parties have caused this 7,greement to be crecuted on 'the date first above written. CITY OF NEWPORT };EACH, a Muniri.pal. Corporation r -4- ATTEST: City'Clerk APPROVED AS TO FORM: r. . iit orney _-v /; rl , -' t LESSEE ; Space No. LESSEES c / I A vy -�� '- T-�,,. -5- i Space . No. (LC -<iF'4 L4 /0 � qq 4 � r ,, .� Space LESSEES No. LESSEES 1 ! tc �� IL Fl 17- .�-` LAC •' -. 7 _6_ Space No, Iii; c,!, ; TO,; o THP C1111'r coj scji, O THE C1c' ::!;CIpOZ'C ) >E:1C'I B:iPRi I.'I'S hl 01' 1:[li !:rr:AS!i TEt RN-A 'TO`I AND 17'.; 7 NT!- ;-dTIO%T TO [IFT,, ?!I T A :PI:A@:SITION PS:R)OD F )i2 NE''WORT :U11',I,!APAIiK AT `.PIIi. TE:[S1Ia; �•'.i.OV OE' `i'itc: 1'Y_itIL%3R.SPACE RENTAL the City of Nc.%aport 13czach is the owner of that carta_n real ,p-- op_ -, -ty locates? on Balboa Boulevard in the City of Newport Beach'1):-e, -ently utilized as a. trailer par}: and knocm as NEWPORT and WHEREAS, the City has leased fifty- -eight (58) trailer park spaces to certain lessees under a standard form rental agreement; and WHEREAS, all of said leases will expire-on ,7une.30, 1974; and WHEREAS, on October 10, 1972, the City Council voted .to accept the reco.nerdation of the Parks, Beaches & Recreation Co_*nmi.ssion to convert plarinapark into a public recreation area at the termination of the agreement; and WHEREAS, the Council wishes to reaffirm its decision to terni.nate the Marinapaek leases when they expire; and tffitREAS, certain residents of Marinapark have requested. that the City Council consider permitting a transitional period at the expiration of the leases;.and WHEREAS, the Citv Council has considered the proposal for a transitional period and finds that to grant such a period would be in the best interests of the City of DIei•port Beach. NO-W, THEREFORE, BE IT RESOLVED that the City Council of the City of l:e:•,port Beach. her agrees to permit a transition peric,-1 for the residents of I.larinapark under the following terns and coned i tioz -ts : 1977. 1. liTic transition period will extend to Septe ber,30, EXHIBIT "A" writtell notir to vc'cal--o to all i.vsidents of 3ft1 56 1 1 4ar.i.nparl' rcsidftwill sign appropriate and relozIscs guaranteeing that they will. unconditionally C- itnd without contcs;t vacate the premises at the expiration of the period Lpccifiod in the vc'Olti0l' notice referred to ilL Paragraph 2 above. ljlhe form and substance of said waivers and releases will be subject to the approval of the City Attorney. 4. Said waivers and releases must be executed by all 58 vlarinapark residents within six (6) months of the date of the adoption of this Resolution or the transitional period as granted,under this Resolution will be deemed null and void and of no further force and effect, 5. The Marinapark residdats shall agree to a rerital, increase.according to the following schedule: 1972-73 1973-74 1974-75 1975-76 1976-77 Front Trailers (24) $170 $200 $215 $230 $245 per month Rear Trailers .(34) 145 170 ISO 190 200 per month 6. The Marinapark residents shall cooperate with the. City in the installation of a wider pathway access to the public beach at the Past end of the Marinapar1c, site. 7. The City shall install as soon as possible addi- tional tennis courts. ADOPTED this 7th day of May .' 3-973 ATTEST: 7City Clerk Mayor GMTIFIM ArA Tllj'- AND COPY . ......... M 1079.1 438 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On June 25, 1.973, b�£ore me, the undersigned, a Notary Public in and for said State, personally appeared HOWARD ROGERS, known to me to be the Mayor Pro Tempore, and LAURA LAGIOS, known to me to be the City Clerk of.the municipal corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the cor- poration therein named, and acknowledged to me that such corpora- tion executed the within Instrument pursuant to a resolution of its City Council.' WITNESS my hand and official seal. { COOT !'f , 1. Notary Pubic in and for „iN y: 4 PG FA E IN said State o .. . f /,/ Com-nn:iun Ean n Fey 7 1777, NAFFIj7AVIT ib i 0'(91:::439 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s We, the undersigned being first duly sworn, state according to our best information and belief. the fol- lowing: a.' Each signature appearing hereinabove on this agreement is the genuine sig- nature of the person whose name it purports to be, and each person is one of the 58 master lessees of the trailer spaces at Marinapark.. b. The undersigned affiants personally ob- served each signer placing on the here inabove section of the said agreement his or her signature and his or her space number in Newport Marinapark. DATED- 1 .1 )��� 1973 Subscribed and sworn to before me iy 2 `! 1473 1973. . Plotary Public in anrj /for the CounLy of Orange, State o.`. Californ.i<, RBERT WILLIAMS WI h Vi 116 e .t CLz PAUL HENDERSON - WITNESS c" St AL �:: .rirY i ._ -J �� Mjm , I� i'- 0 u ; 1 ' �s 1 Ic ,R 1 1 S c i S 1 I ' I R 9 $ IE + _ z L� _ 1 m I �I II 5; �XtIII3I'I' "!3" o n � 0 I o I � �� Mjm , I� i'- 0 u ; 1 ' �s 1 Ic ,R 1 1 S c i S 1 I ' I R 9 $ IE + _ z L� _ 1 m I �I II 5; �XtIII3I'I' "!3" M L-7 NEWPORT MARINAPARK RULES AND REGULATIONS The following Rules and Regulations are established pursuant to Paragraph 13 of the Newport Marinapark Master. Lease Agreement. 1. FIRES. Open fires on the beach area adjacent to Marinapark are prohibited.. 2. TRAFFIC. All drivers are required to observe the traffic regulation signs posted in the Park The maximum speed limit for any vehicle is 10 MPH. i 3. PARKING. Each tenant shall park in the space I assigned to him. Registered guests of the tenants shall park only as follows: (Tenants should inform their guests of . Parking Regulations and TOW -AWAY signs). A. Registered guests' parking area B. On the street C. In the parking space of the tenant they are visiting, D. All guests must register,.on arrival, at the office for Parking Permits. 4. NOISE. No unnecessary noises (loud radios, televisions, etc.) between the hours of 10:00 p.m, and 8:00 a.m. No disturbing noises at any time. 5. MOTORCYCLES, POWERED SCOOTERS, SKATE BOARDS, ROLLER SKATES AND BICYCLES. 140 Motorcycles, Powered Scooters, Skate Board or Roller Skates allowed to be used within Marinapark at any time or any place. Bicycles O.K. on rear drive only. 6. CONSTRUCTION. Construction, either by tenants or their contractors, is prohibited on Sundays and holidays and is permitted on other days only between the hours of 8:00 a.m. and 5:00 p.m. During and on completion of construction tenants shall EXHIBIT "C" ........... ......... . ..... ..... ::: .......::. be responsible.for the following: A. Construction must meet with all uniform building codes - State, County and City. B. Removal of waste products.(lumber scraps, saw dust, etc.). C. Maintaining their leased areas in a clean and sanitary condition. D.. Stopping any excessive noise caused by con- . struction machinery-- (Unmuffled gasoline engines, smoke or fumes, etc.) 7. LAWNS AND PATIOS. Tenants shall.not leave water hoses, beach toys, surf boards, bicycles, etc., on the grass or, patio areas. 8. SAND. Tenants and guests are required to wash sand off their bodies and bathing suits.before entering showers, rest rooms or Landry facilities. Do not use lawn hydrants to wash sand off., An outside.shower is provided for this purpose and is located opposite the ladies rest room. 9. RESTROOMS AND LAUNDRY ROOM. These conveniences in Marinapark are maintained as a part of your home. Your cooperation in keeping them -clean and sanitary is expected. Washing and drying hours are 7:00 A.M. to 7:00 P.M. Clogged drains, defective dryers, etc., or.any irregularities should immediately be reported to the Management. All facilities must be left clean after use. Clothes shall be removed from the laundry lines as soon as they are dry. Responsibility for maintenance of private utilities. .rests with tenants. 10. CHILDREN. Children under six (6) years.of age are, not permitted in service rooms, toilets or showers unless accompanied by an adult; also children in this age group are prohibited from playing in and around these.areas. Children,.under , eightees (18) years of age, shall not be left unattended in trailer or trailer space. An adult must be in attendance at all times. -2- „sue 11. SHRUBS. Tenants are responsible for weed removal and maintenance of flowers and other shrubs in their own spaces. Use of the area under trailers for storage purposes is prohibited. 12. PETS. No pets are allowed in Marinapark.. Instruct your guests not to bring dogs or cats with them when they visit you. 13. PHONE CALLS. Check your mail box daily for any phone messages. They will not be delivered "to trailers, except in extreme emergencies. 14. TRAILERS. Trailers are to be equipped with wheels and tires; also current license plates and license stickers as required by State law.' 15. GARBAGE AND TRASH. All garbage and refuse must be separated and placed in proper containers provided by the Park for.this purpose. .Put trash only in the large bins. If you have fish to dispose of put in Garbage Pail and notify . Management that is on duty. 16. MARINAPARK_BUSINESS HOURS. 8:00 A.M. to 12:00 P.M. and 1:00 P.M. to 5:00 P.M. weekdays. Weekends and holidays our Attendant will be on duty for your convenience.. 17. VIOLATIONS OF LAW. Violations of law will not be tolerated. Violations by a tenant, or any guest of a tenant, will be deemed a breach of the lease agreement. . 18. DOMESTIC HELP. Domestic help must not remain overnight except when tenant is in occupancy. 19. COMPLAINTS. Any tenant desiring to register a complaint with the office must put the complaint in writing and sign it.in order for management to act upon the complaint. 20. GUESTS. All guests who are occupying trailers during absence of tenant must register.at the office during business hours. Lessee agrees that the Park Manager has the right to determine whether the park facilities can accommodate all the tenants and guests in the Park and, therefore, may at -3- 00 his discretion refuse a guest permission to stay. In no event will a guest be allowed to stay in the Park for an unreasonable length of time. 21. NEW CONSTRUCTION. All mobilehome cabanas, porches, skirtings, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the Park Manager before construction or installation 22. MOBILEHOME WIDTH. No mobilehome, including cabana, shall exceed a width of twenty -four (24) feet.- Land- scaping located adjacent to mobilehomes shall' be limited to three (3) feet in height. 23. OUTSIDE APPEARANCE. Patio furniture and one storage cabinet are the only items permitted outside the trailer. No towels, bathing.suits, rugs, wearing apparel or laundry.of any description may be hung outside of trailers.` 24. CHILDREN AND ADULT SECTION. Marinapark is divided into an adult section and a children's section as depicted in Exhibit "B" of the Lease Agreement. Permanent residency in the adult section is limited to adults only. Children, persons under eighteen (18) years of age, are permitted in the adult section only as visitors and only on a temporary basis (not more than a few days at a time). Lessees shall not permit children to occupy the trailer or space hereby leased in the adult section except as hereinbefore specifically permitted. In the event one or more children become members of an individual Lessee's family during the term of this lease, if Lessee is located in the adult section, then this lease and all Lessee's rights hereunder shall terminate at the end of the month during which such event happens. 25. USE OF NAME OR ADDRESS OF PARK. This Park or its name or address shall not be used for the purpose of advertise- ment or sale of automobiles, trailers or merchandise, or for any other commercial purpose except with the specific written consent -4- r-" 60" of the lessor. 26. CALIFORNIA CIVIL CODE PROVISIONS RELATIVE TO MOBILEHOME PARK RESIDENCY. Pursuant to California Civil Code Section 789.9you are hereby notified and advised of the follow- ing Civil Code Sections: " §789.5(a) Termination of Tenancy or other estate at will or lease in mobilehome park; notice; . manner; waiver void (a) No tenancy or other estate at will or lease, . however created on or after.the effective date of this section, in a mobilehome park may be terminated except upon the landlord's giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, to remove from the premises within a period o£ not less than 60 days, to be specified in the notice. No lease shall contain any provision by which the tenant waives his rights under this section, and any such waiver shall.be deemed contrary to public policy and shall be unenforceable and void. However, any lease may.provide that the tenancy may be terminated upon the landlord's giving notice in writ- . ing to the.tenant, in such presdribed manner, to remove from the premises within a period of more than 60 days, to be specified in the notice." §789.6 Restriction on termination of tenancy, etc, .in mobilehome park; space for purchaser of mobilehome from owner of.park Notwithstanding the provisions of Section 789.5, a. tenancy or other estate at will or lease in a mobilehome . park may not be terminated for the purpose of making the tenant's space in the park available for a person who purchased a mobilehome from the owner of the mobilehome park or his agents." " §789.7 Fees The owner of a mobilehome park or his agents shall not -5- r i charge any fees to tenants other than charges for rent, utilities, or. incidental reasonable service charges." i i "§789.8 Mobilehome park; entry charge or transfer or selling fee; prohibition There shall be no entry charge as a condition of tenancy in a mobilehome park, nor shall there be any transfer or selling fee as a condition of sale of a mobilehome within a mobilehome park, even if such mobilehome is.to remain within ..the park, if the park management performs no service in the sale of the mobilehome." These Rules and Regulations may be revised, amended I or modified by lessor from time to time during the term of this. lease or conditions warrant. Any such revision amendment or' modification of these Rules and Regulations shall be effective when posted in the office of Marinapark. -6- NEGATIVE DECLARATION for RENEWAL OF THE NEWPORT MARINAPARK LEASES prepared by THE CITY OF NEWPORT BEACH 1. Project DescriDtion. The project consists of the amendment and renewal of an existing lease between the City of Newport Beach and the lessees of . all or part of fifty -eight (58) trailer park spaces in Newport Marinapark: The amendment of the lease will provide for a public walkway extending'northerly from Balboa Boulevard along the easterly end of the park to the public beach adjacent to the Newport Bay. The amendment will further include the addition of a pedestrian /bicycle trail along the northerly side of the park adjacent to the public beach. 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 renewal of the existing leases per se 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, except for limited short -term impacts associated with the actual construction, have any significant adverse impacts. The renewal of these leases will preclude the public use of this property. However, there will be increased access to the shoreline. Furthermore, the renewal of the leases will preclude the necessity of relocating the residents of the trailer park and will increase city revenues. 4. Basis for Negative Declaration. This project has been carefully reviewed in conjunction with Sections 15081, 15082,-and 15083 of the Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended. 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. L_E A_S_E_ THIS LEASE, made and entered into this Jig- day of �� , 1977, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation, hereinafter referred to as "Lessor ", and LOUIS AND SYLVIA LAWSON, hereinafter referred to as "Lessees ", which Lessees are individually identified by trailer space number and their signature to this document. R E C I T A L S: A. Lessor holds title to and is the owner of certain harbor frontage and tidelands, together with certain uplands abutting thereon located on Balboa Boulevard in the City of Newport Beach and which is presently utilized as a mobilehome park commonly known as Newport Marinapark. B. Lessor and the lessees of all fifty -eight (58) trailer spaces entered into an agreement on June 25, 1973, providing that Lessor would lease to Lessees said trailer spaces until September 30, 1977, upon certain conditions and terms contained in said agreement marked Exhibit "A" and which is incorporated herein and made a part hereof by this reference. C. On December 22, 1975, the City Council of the City of Newport Beach upon the recommendation of the "Ad Hoc Committee on Marinapark Leases" voted to extend said trailer space leases for an additional period of time as hereinafter set forth. D. It is the judgment of the City Council of.the City of Newport Beach that it is for the best interests and welfare of said City and the residents thereof to lease said -1- N H trailer spaces hereinafter described to Lessees for the purpose hereinafter set forth and for the consideration hereinafter maintained. E. It is the judgment of the City Council of the City of Newport Beach that the leasing of said trailer spaces hereinafter described, to Lessees, upon the conditions in this Lease Agreement specified, is not inconsistent with the trust purposes imposed upon such portions of the lands hereinafter described which may constitute tidelands, nor is the leasing of said adjoining uplands hereinafter described in violation. of the gift clause of the Constitution of the State of California; it is further the judgment of the City Council of the City of Newport Beach that this lease complies with the Charter of the City of Newport Beach,.all local ordinances And the General Laws of the State of California. . F. Lessor proposes to lease to Lessees the trailer spaces described hereinafter, and Lessees are. willing to accept said lease on the terms and conditions hereinafter set forth. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND THE MUTUAL COVENANTS set forth below, Lessor and Lesseeshereby agree as follows: 1. MEANING OF WORDS a. Park Manager or management is the person or persons designated by the City Manager as being responsible for administering the terms of the lease and the Rules and Regulations promulgated thereunder. b. Marinapark, trailer park and park are used interchangeably and all refer to Newport Marinapark. C. Mobilehome and trailer are used interchangeably -and for the purpose of this lease are synonymous. d. Trailer.space, trailer lot, mobilehome space, -2- •0 and trailer site are all used interchangeably and for the purpose of this lease all refer to the demised premises. 2. DESCRIPTION OF LEASED PREMISES Lessor hereby leases, and Lessees do hereby accept a lease of a trailer space as indicated situated in Newport Marinapark as shown on the attached site plan marked Exhibit "B" and made a part herein by this reference. 3. TERM The term of this lease is for a period of nine (9) years and eight (8) months, commencing on the 1st day of February, 1976, and ending on the 30th day of September, 1985. Should the City Council find and determine on or about the expiration of this lease that Newport Marinapark is not required, for.any public trust purpose or other public purpose, Lessees shall have the option to extend this lease.for five (5) years following the expiration of the initial term, upon the same conditions herein contained. If Lessees elect to exercise this option, they shall notify Lessor in writing of their intent to so exercise said option. 4. MINIMUM RENTAL As minimum rental, Lessees covenant and agree to pay to Lessor the sum of Two Hundred and Thirty Dollars ($230.00) per month for each bayfront mobilehome space marked in Spaces A, B and F and One Hundred and Ninety Dollars ($190.00) per month for each inside mobilehome space located in Sections marked C, D and E until June 30, 1976. Commencing.July 1, 1976, as minimum rental, Lessees covenant and agree to pay to Lessor the sum of Two Hundred and Forty -five Dollars ($245.00) per month for each bayf.ront mobilehome space located in Sections marked A, B and F and Two Hundred Dollars ($200..00) per month for each inside mobilehome space located in Sections marked C, D and E, payable on the lst.day of each month so long as this lease remains in effect. Said rental payment and any adjustment thereto. -3- as hereinafter provided is deemed to be the fair market rental value for said demised mobilehome trailer spaces. 5. ADJUSTMENT OF MINIMUM RENTAL Commencing on October 1, 1977, and every year.there- after so long as this lease remains in effect, the minimum. monthly rental as set forth in paragraph 4 of this lease shall be subject to.inerease in proportion to any changes in the Consumer Price Index (All Items) for the Los Angeles -Long Beach, California Area as promulgated by the Bureau of Statistics of the United States Department of-Labor (QPI) in accordance with any increase of an arithmetical average of the monthly index figures for the twelve calendar months beginning July 1 and ending June 30. In any event, and regardless of the CPI, the minimum annual increase in the monthly rental shall be Fifteen Dollars ($15.00) per month for all trailer spaces. The maximum annual increase in the monthly rental shall be Twenty -Five Dollars ($25.00) per month for each inside mobilehome trailer space consisting of Sections C, D and E and Thirty Dollars ($30.00) per month for each bayfront mobilehome trailer spaces consisting of Sections A, B and F. If the aforementioned Consumer Price Index as now compiled and published is superseded by another index, then from and after the date on which the new index becomes available it shall be used to calculate the increase in annual percentage monthly rental as set forth above, provided that an appropriate conversion from the old,index to the new index can feasibly be made. 6. EXISTING LEASE AGREEMENT The terms and conditions of the existing Lease Agreement.between the City of Newport Beach and the lessees of the fifty -eight (58) Newport Marinapark mobilehome trailer spaces dated June 25, 1973 (Exh.ib;it. "A "), shall remain in full force and effect and shall. be binding concurrently with the -4- N 00 terms and conditions of this Lease Agreement. However, if there is any inconsistency or conflict in the language of the two agreements, the terms and conditions of this Lease Agreement supersedes and prevails over the terms and conditions of the June 25, 1973 Lease Agreement. Those Lessees and their successors or assignees who are parties to the June 25, 1973 Lease Agreement and who elect not to sign this Lease Agreement will continue to be bound under,the terms and conditions of the June 25, 1973 Agreement and will accordingly be required to peaceably vacate their respective trailer spaces on or before October 1, 1977, without contest, legal or otherwise, notwithstanding any of the provisions to the contrary contained in the June 25, 1973 Lease Agreement. 7. SALE Lessees shall not sell, assign, exchange or convey, excepting testamentary transfers, their respective mobilehomes and trailer spaces without the prior written approval of the Newport Beach City Council. 8. ADMINISTRATIVE FEE Beginning October 1, 1977, Lessees shall pay Lessor a fee equivalent to six (6) months' rental, based on the rate at date of sale, when mobilehomes are sold and trailer spaces are assigned to new tenants. Said fee is to cover certain administrative costs to Lessor such as the preparation of.a new lease document and building and health and safety code inspec- tions. Said fee is considered reasonable and not in violation of Section 789.8 of the California Civil Code. 9. ASSIGNMENT - SUBLEASE Lessees may sublease any of his rights hereunder after first obtaining the written consent of the City Manager or his designated representative on forms 'prepared by.the City Attorney and approved by the City Council, and any such subletting without Lessor's prior written consent shall be in violation of the Lease and, therefore, void. _r - M 10. PUBLIC ACCESS 00 There is hereby reserved over the lease properties at the east end of Newport Marinapark a public walkway of approximately ten (10) feet in width. Said walkway shall provide convenient access for the public to the beach and waters of the harbor bayward of Marinapark. Lessor shall pay for any costs associated with the construction or improvement of said public walkway. 11. BICYCLE PATH - PEDESTRIAN WALKWAY A bicycle path and pedestrian walkway twelve feet in width shall be constructed bayward of and adjacent to the existing retaining wall in front of Marinapark. Said bicycle path and pedestrian walkway will connect with the public walkway at the east end of the Park referred to hereinabove in paragraph 10. Lessor shall pay for any costs associated with the construc- tion and installation of said bicycle path and pedestrian walkway. 12. USE The leased premises shall be used solely for the location and storage of a mobilehome of approved size and dimension. Lessees agree to comply with all laws, regulations and ordinances of the City, County and State affecting the leased premises and improvements located thereon, including Lessees' mobilehomes. 13. TAXES AND UTILITIES Lessees shall pay before delinquent any general and special taxes or assessments or other governmental charges; if any, which may be levied on the demised premises or mobilehomes located thereon, including any improvements associated therewith, or any possessory interest therein arising out of or based upon the leasehold interest throughout the term hereof. Satisfactory evidence of such payments shall be made available to Lessor upon demand therefor. -6- N •0 Lessees shall make arrangements individually and pay for electric and telephone service directly with the utility companies furnishing the same. Lessor shall furnish water to Lessees for use on the trailer site. Should a Lessee use an abnormal amount of water or waste water or permit water to be wasted by occupants or guests of his trailer, a reasonable charge, the amount to be determines! by Lessor, may be assessed to the Lessee for such water. Lessees shall each pay to Lessor a flat rate of Ten Dollars ($10.00) per month for gas service provided to their respective trailer spaces. 14. RELOCATION OF ENTRANCE TENNIS COURTS Lessees agree to cooperate with Lessor should Lessor wish to relocate the main entrance of Marinapark to 18th Street or should Lessor desire to install 'additional tennis courts on the public area adjacent to Marinapark. Lessees further agree to cooperate with Lessor should Lessor desire to install any other improvements as set forth in the Master Plan for Newport Marinapark. 15. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS Lessor agrees to maintain the grounds, landscaping and all City -owned buildings, and any other improvements in existence or constructed or installed on the Marinapark property. Lessees will at their own cost and expense maintain their respective mobilehomes, cabanas, and any other improvements connected to or associated with their mobilehomes at a high standard of maintenance and repair.. If in the judgment of Lessor such standards of maintenance and repair are not being maintained, Lessor may, at its option, after written notice thereof to the Lessees and Lessees' failure to commence in good faith to remedy' the same within a reasonable period of time, to diligently prosecute the same to completion, elect to correct any deficiency and Lessees agree to pay to Lessor on demand any and all sums expended by it,in correcting any such deficiency. Lessees further agree that any'and all landscaping located adjacent to -7- V M 0• mobilehomes shall be limited to three feet, in height in order to minimize any possible view obstruction of the Bay from the inside units. 16. RULES AND REGULATIONS Lessees agree to abide by and be bound to.the attached "Rules and REgulations" marked Exhibit "C" and made a part herein by this reference. 17. INDEMNIFICATION Lessees covenant that they will hold and save Lessor, 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 demised premises, and to indemnify Lessor 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 Lessees' property; except for any damage or injury of any kind arising out of the negligence of Lessor, its agents, or employees. Lessees, as a material part of the consideration under this Lease.Agreement, hereby waive all claims against Lessor for any damage or loss from any cause arising at anytime, including but not limited to fire, theft, Acts of God, vandalism or any physical damage while the trailer remains in the mobile - home park, other than the negligence of Lessor's agents, officers or employees. Lessees do hereby a<lree to indemnify and hold Lessor harmless from and on account of any damage or injury to any person or equipment on the traJI.Qr arising from any cause or from the negligence of a Lessee, h.is; Family or guests. -8- so ,• 18. NON - COMPLIANCE AND TERMINATION or LEASE Time and each of the terms, covenants and conditions hereof are expressly made the essence of this lease. If Lessees shall fail to comply with any of the terms, covenants or conditions of this lease, including the payment of rental herein reserved, at the time and in the amount herein required, and shall fail to remedy such default within sixty (60) days after service of a written notice from Lessor so to do if the default may be cured by the payment of money, or to commence in good faith to remedy any other default within sixty (60) days and thereafter diligently prosecute the same to completion, or if a Lessee shall abandon or vacate the leased premises, Lessor may, at its option, and without further notice or demand, terminate this lease and enter upon the leased premises and take possession thereof, and remove any and all persons therefrom with or without process of law. Lessor may elect to terminate this Lease for any event of default or breach hereof or of the park Rules and Regulations. Should Lessor elect to terminate, it may recover from Lessees all damages incurred by Lessor by reason of such breach, including, without limitation, the cost of recovering the premises, and the worth at the time of such termination of the excess, if any, of the amount of unpaid rent and unpaid charges reserved under this Lease over the amount of the rental loss which Lessees prove could be reasonably avoided, for the remainder of the term of this lease. Such amount shall be immediately due and payable from Lessees to Lessor, together with interest at the rate of ten percent (10 %) per annum from the date owing until paid. The remedies of Lessor specified herein are in addition to and cumulative of any remedies provided Lessor by statute, including the remedies provided in California Civil Code Sections 1951.2, et seq. 00 00 19. ABANDONMENT OF IMPROVEMENTS Any and all improvements, including mobilehomes and cabanas, left remaining on said trailer space at the expiration or termination of this lease shall belong to and be the property of the Lessor. Lessor shall have the absolute right to demolish, or otherwise remove, any such trailers and /or appurtenances without further notice or compensation of any kind to Lessees. 20. SURRENDER OF POSSESSION UPON EXPIRATION OR TERMINATION Upon the expiration or termination of:this Lease, Lessees agree to peaceably deliver possession of the leased trailer spaces to .Lessor and unconditionally agree to vacate the premises without contest, legal or otherwise. Lessees further expressly agree to waive any and all legal rights they_ may have to contest vacating the premises and.further agree to release Lessor from any and all claims they may have of whatever nature. Lessees further agree to waive any relocation assistance or any other assistance from Lessor resulting from vacating the leased premises. 21.. LIQUIDATED DAMAGES Failure of Lessees to vacate the leased premises upon expiration or termination of this lease will result in damages being sustained by Lessor. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Those individual Lessees who fail to vacate said premises will pay Lessor One Hundred Dollars ($100.00) each for every day those individual Lessees fail to vacate said premises. it is agreed that the One Hundred Dollars ($100.00) per day per each individual Lessee refusing to vacate said premises is the minimum value of k.he .actual damage caused by said failure to vacate, that such sum i.s to be considered liquidated damages and shall not be construed as a penalty. -10- •• f • 22: ATTORNEYS.' FEES Should either Lessor or Lessees be required to employ counsel to enforce the terms, conditions and covenants of this Lease Agreement, the prevailing party shall recover all reasonable attorneys' fees (and court fees if applicable) incurred therein whether or not court proceedings were commenced. 23. REMEDIES CUMULATIVE The rights, powers, elections and remedies of the Lessor 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 Lessor's right to exercise any other. 24. NO WAIVER No delay or omission of the Lessor to exercise any right or power arising from any omission, neglect or default of the Lessees shall impair any such right or power or shall be construed as a waiver of any such omission, neglect or default on the part of the Lessees or any acquiescence therein. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this 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. 25. COMPLIANCE WITH LAWS Lessees covenorit and.agree to comply with all rules,. regulations, statutes, ordinances and laws of this State of California, County of Orange, the City of Newport Beach or any other governmental body or agency having lawful jurisdiction over, the leased property. -11- 26. 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 Lessor on Lessees, it may be served either: 1. By delivering a copy to the Lessee personally; and 2. 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 3: If no one can be found, then by affixing a copy Of the notice in a conspicuous place on the trailer space or mobilehome and also sending a copy through the mail addressed to the Lessee.. Such service upon the Lessor or Lessee shall be deemed complete at the expiration of forty -eight (48) hours from and after the deposit in the United States mail of.such notice, demand or communication. 27.. MISCELLANEOUS A. Inurement Each and all of the covenants, conditions and agreements herein contained shall, in accordance with the context, inure to the benefit of Lessor and apply to and bind Lessees, their respective heirs, legatees, devisees, executors,. administrators, successors, assigns, licensees, permittees, or any person who may come into possession or occupancy of said premises or any.part thereof in any manner whatsoever. Nothing in this paragraph shall in any way alter the provisions herein contained against assignment or.subletting. -12- 00 B. Captions •0 The captions of paragraphs and subparagraphs of this lease are for convenience only and do. not in any way limit or amplify the terms and provisions hereof. IN WITNESS WHEREOF, the parties have caused_ this Agreement to be executed on the date first above written. ATTEST: ity Clerk APPROVED AS TO FORM: I • `tee ENNIS D. O'NEIL City Attorney CITY OF N£iWPORT BEACH Mayor VIA LA S N "Lessees" Mobilehome Space No. 2 -A DDO /bc 11/3/77 a L �; L.. C1_. jut S A G R I: r. f E N T �(cC -v 11494 THIS AGREEMENT, made this 2-5'77 /day of V//Z' , 1973, by and bet ^recn the CITY OF NP•.i.TPORT BEACH, a municipal corno_<ation, hereinafter sometimes termed "Lessor" and. the lessee s of 58 trailer. ,park spaces in that-. park known as se::port Marinapark, hereinafter sometimes termed. "Les see s," c•:hich Lessees are individually identified by their signatures . to this document. W I T N E S S E T H: WHEREAS, the City of Newport Beach is the owner of that certain real property located on Balboa Boulevard in the City of Newport Beach presently utilized as a trailer park And known as Newport Marinapark; and WHEREAS, the City has leased 58 t.railer.park spaces to certain Lessees under separate standard form rental agree- ments; and WHEREAS, although said leases by their terms will expire on June 30, 1974, various alleged representations have been made concerning extension of said leases and a dispute has.arisen between Lessor and Lessees concerning the termina- tion date of said leases; and WHEREAS, on October 10, 1972, the City Council of the City of Newport Beach voted to accept the recommendation of the Parks, Beaches and Recreation Committee to convert Newport Marinapark into a public recreation area at the termination of said leases; and WHEREAS, the City Council of the City of Ne:uport Beach wishes to terminate the Marinapark leases on a date certain; and -1.- EXIIIBIT "A" io *i VIMEMI.AS, pursuant. to Newport Beach Resolution No. C7 7976, a copy of which is attached heret.n, marked Exhibit. "A" and made a par._ herein by th.i... reference, Lessor and Lessees 41 are desirous of agree.inrf to a transitional _,or.od to resolve W their differences concerning .-.hen said leafses shall. terminate; and WHEREAS, Lessor and Lessees are desirous of other- wise modifying said leases. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach as Lessor and the Lessees of Newport Marinapark hereby agree.as follows: 1. A transitional period shall be established whereby leases for all 58 trailer park spaces shall be extended to and including September 30, 1977. 2. Any time after September 30, 1977, City may give ninety (90) days written notice to vacate said premises.to all Lessees of Newport Marinapark. Said notice shall not be given by.City until City has allocated necessary funds, approved necessary plans, and obtained all necessary govern- mental approvals, including environmental requirements, zoning requirements and any other requirements to achieve the conver- sion of Newport Marinapark into a public recreational area. Until said written notice to vacate is given, all Lessees shall remain on a month -to -month tenancy subject to the same terms and conditions as their leases shall provide as herein modified. 3. Upon the expiration of the ninety (90) days pursuant to written notice to vacate as described in paragraph 2, all. 58 Newport Marinaparl: Lesscr;s unconditionally agree to vacate the premises without contest, legal or otherwise.. Said Newport rinri.napark Lrssecf; ert,ressly artrec to waive any and -2- 06 *0 a.l1. .Iegal rights they may hav(- to contest ;aid vacation of the pr.es:tises and agree to :rcaca::c said Cit" from any and ;.•lai.ms they may have of what.cver nature to otherwise exccnd st id lea : ;e period. Lessees f. tit. Cher acire «.:.to waive any relo- .r� . cation risr:i.strence or anv other assi! ;tincu frf?m Lessor resultingN from vacati.ncy the premi: >es. 4. At the end of said ninety (90) days written notice to vacate period Lessees agree that.any remaining trailers and /or appurtenances in Newport tdarinapark shall be deemed property of Lessor and Lessor shall have the absolute right to demolish, or otherwise remove, any such trailers and /or appurtenances without further notice or compensation of any kind to Lessees. 5. Failure of the Lessees to vacate said premises as provided in paragraphs 2 and 3 will result in damages being sustained by Lessor. Such damages are, and will con- tinue to be, impracticable and extremely difficult to deter- mine. Those individual Lessees who fail to vacate said premises in accordance with paragraphs 2 and 3 will pay Lessor One Hundred Dollars ($100) each for ever;, day those individual Lessees fail to vacate said premises. It is agreed that the One Hundred Dollars ($100) per day per each individual lessee refusing to vacate said premises is the minimum value of the actual damage caused by said failure to vacate, that such sum is to be considered liquidated damages and shall not be con- strued as a penalty. 6. Lessees agree to notify any purchaser or assignee of their interest in a.tr.ai.ler or tenancy in Newport Plarinapark of this agreement and secure. any such. purchaser or assignee's exnress consent to the terms and provisions of this Ar1reement'. -3- •0 1 •• 7. A.1.1. Newport. Marinapark Less;:es agree tci a rental !.nrrecv:;: ` in acco rdiince with the fol.lualnrr sch� =rule, ^.ffr,( :t.ij- . rul-; 1, 1973: 19'%2 - -73 197-', -74 1974 - -75 1.975-76 197G--A. i'ront 'Pr.'a.i.ler:; (24) Per month $170 $200 $2.1.5 $230 $245 : Rear Trailers (34) per month 145 170 130 190 200 B. Al1.Newport Marinapark Lessees shall cooperate with Lessor in the installation of wider pathway access to the public beach at the east end of Newport Marinapark. 9. Lessees shall also cooperate with City should City desire to inst-all additional tennis courts on the public area. 10. The provisions of the existing Rental Agreements and Regulations between Lessor and Lessees shall remain in ef= fect through the periods herein specified except as otherwise modified by.this Agreement. 11. Should Lessor be required to bring suit in court to enforce any of the terms or conditions of this Agreement, Lessees agree to pay Lessor its costs and reasonable attorneys' fees, 12. This Agreement will be deemed null and void unless executed by each and every one of the 58 Lessees on or before November 7, 1973. 13. This Agreement shall be binding upon the Lessees' heirs, successors and assigns and shall be recorded in the office of the Countv Recorder of Orange County. IN wI'I^IESS WjfEREOF', the .parties have caused this b(}reement to be executed on thn date first above written. CITY OF NEWPORT BEACH, a Muni:i.pal Corporation r -4- 00 ATTEST: City' Clerk t-- APPROVED AS TO FORM: eit -..-n PXATTq0rne=y t;;e Space LESSEE No. 13 13 •• LESSEES 17 -40 All ev le -5- 4 U� IC2 Space No. /004 o IC2 •0 00 Li I .:1070! 4 3 5 -6- Space Space LESSEES No. LESSEES No. -,Z � 31, 4-� T-7) -6- 41 L -7 1 -6- A IzE i .' [Qi Oi' Ifi1;; C_c''':r CO dC.7.f:. 1;:iPk <i� O_' THE LE.!I -' C:a'1.1ON AND :c'i;, :Iti'i;=1:'?TQ. \' TO ['...?.fIS: A !,r,'•iS:1T70N AT 'NIE I`1,:h2il:iti i•'iOV OF 'viii:: '1'P',1:I; E: SPACE EtEiNTAL i;'sT7;E;F:P,S, the City of Newport H::ach is the owner of that corta31 -n real nrot .:r.t:y located on E3<il.boa ;toulevard in tine City of Nei. 'port £eaCh ,;c:entl }' utilized as a trailer park and known as NEWPORT t•41i2?'i>:i.::':+'•tE:; and WIIERF�AS, the City has leased fifty -eight (58) .trailer. park spaces, to certain lessees under a standard form rental agreement; and WHEREAS, all of said leases will expire'on June, 30, 1574; and MAEBREAS, on October 10, 1972, the City Council voted to accept the reco:mendation of the Parks, Beaches & Recreation Commission to convert iAarinapark into a public recreation area at the termination of the agreement; and VMRI AS, the Council wishes to reaffirra its decision to terminate the Marinapark leases when they expire; and WHtRBAS, certain residents of Marinapark have requested that the City Council consider permitting a transitional period . at the expiration of the leases; and WHEREAS, the Citv Council has considered the proposal for a transitional period and finds that to grant such a period would be in the best interests of the Citv of Newport Beach. NOW, THEREFORE., B TT RESOLVED that the City Council o'.. th^ City of ` ,;9art neach hereby agrees to permit a transition period for tha residents of Marinaparlc under the following terms and conditions: ] cJ77 . I. she transition period will extend to September 30, -1- r EXII7DIT "A" to v�zctil�,c- t.o a11- C::) 3. rc:;idf�11L ";,ill siglx appropriate wzllvorr and rcicase,-* (Jill a r;.t 11L c 0,.;- 71 cj thal-- they will. unconditionally 1-; zind •.1.t1lout va ato L-.Ii(,- prentises at the expiration of the period f.;r)o•if-.od in the vacation notice referred to ill Par<tgraph 2 above. 'Iqi(-- for-La and substance of said waivers ztnd releases will be subject. to the approval of the City Attorney. 4. Said waivers and releases must be executed by all 58 Marinapark residents within six (G) months of the date of the adoption of this Resolution or the transitional period as granted under this Resolution will be deemed null and void and of no further force and effect. 5- The Marinapark residents shall agree to a rental increase according to the following schedule: Front Trailers (24) per month Rear Trailers (34) I per month 1972-73 1973-74 1974-75 1975-76 1976-77 $170 $200 $215 $230 245 145 170 ISO 190 200 6. The Marinapark residents shall cooperate with the City in the installation of a wider path-way access to the public beach at the Ea st end of the Marinapark, site. 7. The City shall install as soon as possible addi- tional tennis courts. 0 ADOPTED this 7th day of May ., 1973 ATTEST: City Clerk Mayor r-271FIED A;rA S. 1;2 COPY PAI . ... .. ....... .. ......... . . ....... 0 N STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss N Li". I V 9 1 P�1u438 On June 25, 1.973, before me, the undersigned, a Notary Public in and for said State, personally appeared HOWARD ROGERS, known to me to be the Mayor Pro Tempore, and LAURA I-AGIOS, known to me to be the City Clerk of the municipal corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the cor- poration therein named, and acknowledged to me that such corpora- tion executed the within Instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. 4 DO�or, . ..,N 00, jp4 fh i''•f•c CUO!ITY Com mis;ien Ea n(res Fz �. 7, 1777. �tC 6 Notary Public in and for said State L S'.I'ATE: OF CALIFORNIA ) ss COUNTY OI•' ORANGE } N ile, the undersigned being first duly sworn, state according to our best information and belief the fol- lowing: a. Each signature appearing hereinabove on this agreement is the genuine sig- nature of the person whose name it purports to be, and each person is one of the 58 master lessees of the trailer spaces at Marinapark. b. The undersigned affiants personally ob- served each signer placing on the here- inabove section of the said agreement his or her signature and his or her space number in Newport Marinapark. DATED: m ".9 1973 , 1973. Subscribed and sworn to before me 1973. H,)tary Public in anrl/ for t.[tC' COWO V Of Ordngc, State Of CaliCorn.i..r e. RBERT WILLIAMS - WITNESS 1 ez,I _ PAUL HENDERSON - WITNESS ............................ t , , �==1 U � U v O q 0 D 0 EXHIBIT "B" CL 3 00 NEWPORT MARINAPARK RULES AND REGULATIONS The following Rules and Regulations are established. pursuant to Paragraph 13.of the Newport Marinapark Master Lease Agreement. 1. FIRES. Open fires on the beach area adjacent to Marinapark are prohibited. . 2. TRAFFIC. All drivers are required to observe the traffic regulation signs posted in the Park. The maximum speed limit for any vehicle is 10 MPH. 3. PARKING. Each tenant shall park in the space assigned to him. Registered guests of the tenants shall park only as follows: (Tenants should inform their guests of Parking Regulations and TOW -AWAY signs). A. Registered guests` parking area B. On the street C. In the parking space of the tenant they are .visiting D. All guests must register, on arrival, at the office for Parking Permits. 4. NOISE. No unnecessary noises (loud radios, televisions, etc.) between the hours of 1Od00 p.m. and 8:00 a.m. No disturbing noises at any time. 5. MOTORCYCLES, POWERED SCOOTERS, SKATE BOARDS, ROLLER SKATES AND BICYCLES. No Motorcycles, Powered Scooters, Skate. Board or Roller Skates allowed to be used within Marinapark at any time or any place. Bicycles O.K. on rear drive only. 6. CONSTRUCTION. Construction, either by tenants or their contractors, is prohibited on Sundays and holidays and is permitted on.other days only between the hours of B:OO a.m. and 5:00 p.m. During and on completion of construction tenants shall EXHIBIT "C" N be responsible for the following: 90 A. Construction must meet with all uniform building codes - State, County and City. B. ,Removal of waste products (lumber scraps, saw dust, etc.) C. Maintaining their leased areas in a clean and sanitary condition.' D. 'Stopping any excessive noise caused by con- struction machinery-- (Unmuffled gasoline engines, smoke or fumes, etc.) 7. LAWNS, AND PATIOS. Tenants shall not leave water hoses, beach toys, surf boards, bicycles, etc., on the grass or patio areas. B. SAND. Tenants and guests are required to wash sand off their bodies and bathing suits before entering showers, rest rooms or landry facilities. Do not use lawn hydrants to wash sand off. An outside shower is provided for this purpose and is located opposite the ladies rest room. 9. RESTROOMS AND LAUNDRY ROOM. These conveniences in Marinapark are maintained as a part of your home. Your cooperation in keeping them clean and sanitary is expected. Washing and drying hours are 7:00 A.M. to 7:00 P.M. Clogged drains, defective dryers, etc., or any irregularities should immediately be reported to.the Management. All facilities must be left clean after use. Clothes shall be removed from the laundry lines as soon as they are dry. Responsibility for maintenance of private utilities rests with tenants. 10. CHILDREN. Children under six (6) years of 'age are not permitted in service rooms, toilets or showers unless accompanied by an adult; also children in this age group are prohibited from playing in and around these areas. Children,. under eightees (18) years of age, shall not be left unattended in trailer or trailer space. An adult must be in attendance at all times. -2- N � 11. SHRUBS. Tenants are responsible for weed removal and maintenance of flowers and other shrubs in their own spaces. Use of the area under trailers for storage purposes is prohibited. 12. PETS. Nor pets are allowed in Marinapark. 'Instruct your guests not to bring dogs or cats with them when they visit you. 13. PHONE CALLS. Check your mail box daily for any phone messages. They will not be delivered to trailers, except in extreme emergencies. 14.. TRAILERS. Trailers are to be equipped with wheels and tires; also current license plates and license stickers as required by State law. 15. GARBAGE AND TRASH. All garbage and refuse must be separated and placed in proper containers provided by the Park for this purpose. Put trash only in the large bins. .If you have.fish to dispose of put in Garbage Pail and notify Management that is on duty. 16. and 1:00 P.M. our Attendant 17. be tolerated. will be deeme, MARINAPARK BUSINESS HOURS. 8:00 A.M. to 12:00 P.M. to 5:00 P.M. weekdays. Weekends and holidays will be on duty for your convenience. . VIOLATIONS OF LAW. Violations of law will not Violations by a tenant, or any guest of a tenant, 3 a.breach of the lease agreement. 18. DOMESTIC HELP. Domestic help must not remain overnight except when tenant is in occupancy. 19. COMPLAINTS. Any tenant desiring to register a complaint with the office must put the complaint in writing and' sign it in order for management to act upon the complaint. 20. GUESTS. All guests who are occupying trailers during absence of tenant must register at the office during business hours. Lessee agrees that the Park Manager has the right-to determine whether the park facilities can accommodate all the tenants and guests in the Park and, therefore, may at -3- w his discretion refuse a guest permission to stay. In no event will a guest be allowed to stay in the Park for an unreasonable length of time. 21. NEW CONSTRUCTION.. All mobilehome cabanas, porches, skirtings, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the Parka Manager before.construction or installation. 22. MOBILEHOME WIDTH. No mobilehome,. including . cabana, shall exceed a width of twenty -four (24) feet. Land scaping located adjacent to mobilehomes shall be limited to three (3) feet in height. 23. OUTSIDE APPEARANCE. Patio furniture and one storage cabinet are the only items permitted outside the trailer... No towels, bathing suits, rugs, wearing apparel or laundry of any description. may be hung outside of trailers. 24. CHILDREN AND ADULT SECTION. Marinapark is divided into an .adult section and a children's section as depicted in Exhibit "B" of the Lease Agreement. Permanent residency in the adult section is limited to adults only. Children, persons under eighteen (18) years of age, are permitted in the adult section only as visitors and only on a temporary basis (not more, than a few days at a time), Lessees shall not permit children to occupy.the trailer or space hereby leased in the adult section except as hereinbefore specifically permitted. In the event one or more children become members of an individual Lessee's family during the term of this lease, if Lessee is located.in the adult section, then this lease and all Lessee's rights hereunder shall terminate at the end of the month during which such event happens. 25. USE OF NAME OR ADDRESS OF PARK. This Park or its name or address shall not be used for the purpose of advertise- ment or sale of automobiles, trailers or merchandise, or for any other commercial purpose except with the specific written consent. 00 of the.lessor. 26. CALIFORNIA CIVIL CODE PROVISIONS RELATIVE TO MOBILEHOME PARK RESIDENCY. Pursuant to California.Civil Code Section 789.9 you are hereby notified and advised of the follow- ing Civil Code Sections: "9789.5(a) Termination of Tenancy or other estate at will or lease in mobilehome park; notice; manner; waiver void (a) No tenancy or other estate at will or lease, however created on or after the effective date of this section, in a mobilehome park may be terminated except upon the landlord's giving notice in writing to the tenant, in, the nanner prescribed by Section 1162 of the Code of Civil Procedure, to remove from the premises within a period,of, not less than 60 days, to be specified in the notice.. No lease shall contain any provision by which the tenant waives his rights under this section, and any such waiver shall be deemed contrary to public policy and shall be unenforceable and void. However, any lease may provide that the tenancy. may be terminated upon the landlord's giving notice in writ- ing to.the tenant,.in such prescribed manner,.to remove from the premises within a.period of more than.60 days, to be specified in the notice." §789.6 Restriction on termination of tenancy, etc, in mobilehome park; space for purchaser of mobilehome from.owher of-park Notwithstanding the provisions of Section 789.5, a tenancy or other estate at will or lease..in a mobilehome park.may not be terminated for the purpose of making the tenant's space in the park available for a person who purchased a mohilehome from the owner of the mobilehome park or his agents." " §789.7 Fees The owner of a mobilehome park or his agents shall not -5- a charge any fees to tenants other than charges for rent, utilities, or incidental reasonable service charges." " §789.8 Mobilehome park; entry.charge or transfer, or selling fee; prohibition There shall be no entry,charge as a condition of tenancy in a mobilehome park,'nor shall there be any transfer or selling fee as a condition of sale of a mobilehome within a mobilehome park, even if such mobilehome is to remain within the park, if the park management performs no service in the sale of the mobilehome." These Rules and Regulations may be revised, amended or modified by .lessor from time to time during the term of this lease or conditions warrant. Any such revision.amendment or' modification of these Rules and Regulations shall be.effective when posted in the office of Marinapark. 1 r so O NEGATIVE DECLARATION for RENEWAL OF THE NEWPORT MARINAPARK LEASES prepared by THE CITY OF NEWPORT BEACH 1. Project Description. The project consists of the amendment and renewal of an .exi.sting lease between the City of Newport Beach and the lessees of all or part of fifty -eight (58) trailer park spaces in Newport Marinapark. The amendment of the lease will provide for a public walkway extending northerly from Balboa Boulevard along the easterly end of the park to the public beach adjacent to the Newport Bay. The amendment will further include the addition of a pedestrian /bicyc.le trail along the northerly side of the park adjacent to the public beach. The project does not involve any alterations to the land, nor.the construction of any physical facilities except for the public walkways noted above. 27 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 renewal of the existing leases per se 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, except for limited short -term impacts associated with the actual construction, have any significant adverse impacts. The renewal of these leases will preclude the public use of this property. However, there will be increased access to the shoreline. Furthermore, the renewal of the leases will preclude the necessity of relocating the res- idents of the trailer park and will increase city revenues. 4. Basis for Negative Declaration. This project has been carefully reviewed in conjunction with Sections 15081, 15082, and 15083 of the Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended. 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. 1 e r� CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK ( Mobilehome Space No. 12-A ) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between Warren E. & Mary C. Slaughter and the City of Newport Beach, . as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October l,, 1977, upon.the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the sale of Mobilehome Space No. 12-A in Marinapark. NOW, THEREFORE, in consideration.of the terms, covenants and conditions of said Lease Agreement of Marinapark, Warren E. & Mary C. Slaughter as Vendor sells all rights, title and interest to the Mobilehome located on the Mobilehome Space No. 12_A to Dr. Martin H. & Mildred A. Litim , as Vendee.. Commencing October .l, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City 0 of Newport Beach $ 1$60.00 which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to Dr. Martin B. & MLldred A. Lithe as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WEHREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. Dated: AUG 1 6 1978 ATTEST: APPROVED 7 TO FORM: City Attorney VENDOR CITY OF NEWPORT BEACH A Municipal Corporation r CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT (Mobilehome Space No. (G c, ) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to`th�e ease Agreement between ��1N ES G Pk C H t L PI C t_( and the City of Newport Beach as executed March 23,/1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October 1, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs Of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the sale of Mobilehome Space No. 6 L in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, STPS KA - R CAN C L/ Pichel as Vendors sells all rights, title and interest to the Mobilehome located on the Mobilehome Space kp-cfo wo Moss No. to Ly p;n Moss , as Vendee. Commencing October.l, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City Of Newport Beach $ 1 a 0�0'ilzl which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and `transfer}�of said Mobilehome and Mobilehome Space to keouArD "loss by D ( A ! ,1 oss as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and, agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WEHREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. ATTEST: Ci4C1r/- / APPROVED AS TO FORM: XA-ej City Attorney VENDOR i VENDEE n �J K ° CITY OF NEWPORT BEACH A Municipal Corporation '' tr... �...• Mayoq—fi-ro CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No.) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS,xpu�suant to the Lease Agreement between and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October 1, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent. at the date of the sale to cover certain administrative costs of.the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the sale of Mobilehome Space No. in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants a on dition of said Lease Agreement of Marinapark, Wald as Vendor sells all rights, title and interest to the Mobilehome loc d on the Mobilehome Space No. to to as Vendee Commencing October 1, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor . and the City of Newport Beach, Vendor agrees to pay to the City pa of Newport Beach $p� �7 (�; which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and tr nsfer of said bilehome and Mobilehome Space to as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. ATTEST: b_ City Cl r rk____ __`� APPROVED AS TO F RM: 1 0 Citf Attorney. VENDOR: VENDEE: CITY OF NEWPORT BEACH, A Municipal Corporation r . x • CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. 4 C ) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between John P. Queen /Glenna M.Queen and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and . WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October.l, 19.77, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of.the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent.of the City of Newport Beach for the sale of Mobilehome Space No. 4 C in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, John OupAn/ l nna M_ Oj .As Vendor sells all rights, title and interest to the Mobilehome located on the Mobilehome Space No. 4 C to Arthur F_ & nAphnis. El i ; o - , as Vendee Commencing October 1, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City T OO of Newport Beach $ Q, which amount equals six ' times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to Arthur F. & Daphne Elliottas Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain.Lease, Newport Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. VENDOR: Leo-, VENDEE: CITY OF NEWPORT BEACH, A Municipal Corporation 114 Mayor ATTEST:. V City C e k APPROVED AS TO FORM: City Attorney CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. 9 -D .) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between Betty Gilbert and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer.space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval. of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October.l, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of.the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent.of the City of Newport Beach for the sale of Mobilehome Space No. q_D in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, Betty Gilbert as Vendor sells all rights, title . and interest to the Mobilehome located on the Mobilehome Space No. 9 -D to Robert F. Fei & Barbara Fei as Vendee Commencing October 1, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor . and the City of Newport Beach, Vendor agrees to pay to the City r 0 of Newport Beach $ 1290.00 which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to Robert F. Fei & Barbara Fei as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. ATTEST: City Clerk APPROVED AS TO FO City Attorney VENDOR: VENDEE: X G2 CITY OF NEWPORT BEACH, A fNmicipal Corporation 39 CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK ( Mobilehome Space No. ). WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer.park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between Robert F. Fei & Barbara Fei and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October,l, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the sale of Mobilehome Space No. 9 -C in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, Robert F. Fei & Barbara Fei as Vendor sells all rights,, title and interest to the Mobilehome located on the Mobilehome Space No. 9-C to Stanley ZucXerman & Judith , h.w. , as Vendee Commencing October 1, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the. City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City of Newport Beach $ 1290.00 which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to Stanley Zuckerman & Judith, h.w.as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first,above written. VENDOR: C1TY/OF WPORT BEACH, A nici 1 Corporation EFDAIM ATTEST: ity Clerk APPROVED �S TO FORM: Ci y tor ne ne CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. C�-4 ) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in T - j the park known as Newport Marinapark; and TAY"�/ WHEREAS,' pursuant to the Lease Agreement between V•li0 �D� �%�. 4d&4,1" aQthe City of Newport Beach as executed March 23, 1976, A Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section B, commencing October 1, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the sale of Mobilehome Space No. V?—A in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants ,f V t/1 /aQnpd��c�on/dittlions of,.rslaid Lease Agr ement of Marinapark, (jTyff /wex ve 5 oukv�UIL4�l leyeA,,�dA;.i,' "uasVendor sells all rights, title and interest to the Mobil home lo`fat /ed on the Mobil ho e S ace No. . to /S �/rf%!e/�Or(�� S%IV�� ` �0 ;" 'as Vendee. Commencing October 1, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City r 0 of Newport Beach $ lr 0 which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and t�r%ans ear] of saidMobile/h�o�e^ app Ailehome Space to Olt' a/ 50 _Al !/7tP// as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of.the terms, covenants and conditions of that certain Lease, Newport.Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WEHREOF, the parti;he s Agreement to be made and executed day written. W; D;16, l97`l ATTEST: City Clerk APPROVED AS TO FORM: 4 1 4,41/ City Attorney have caused this year first above 7.1 ✓ CITY OF NEWPORT BEACH A Municypal Corporation By i CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER.PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. 12 -E ) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between Gene C. Mathison & Audrey Mathisen and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport-Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October.l, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the sale of . Mobilehome Space No. 3.2-E in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, Gene C. Mathisen/Aurey Mathison as Vendor sells all rights, title and interest to the Mobilehome located on the Mobilehome Space No. 12-E to Sid Hersh & Marian Hersh as Vendee .Commencing October 1, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees.to pay to the City IMi; of Newport Beach $ • which amount equals six times the current monthly rental on said Mobilehome space.. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to Sid & Marian Hersh as Vendee Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed.March 23, 1976, a copy of which.is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement.to be made and executed the day and year first above.. written. ATTEST: ity Clerk cznr APPROVED AS TO FC3RM: i City A t r ey VENDOR: CITY OF NEWPORT BEACH, A Municipal Corporation By ayor CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. 2 -C ) WHEREAS, the City of Newport Beach, a chartered municipal . corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between Henry and Adele Parker and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October 1., 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of.the City of Newport Beach; and WHEREAS, when.this document is executed, it will represent the consent of the City of Newport Beach for the sale of Mobilehome Space No. 2 -C in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, Henry and Adele Parker as Vendor sells all rights, .title and interest to the Mobilehome located on the Mobilehome Space No. 2 -C to Tony and Josephine Corosu , as Vendee Commencing October 1, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City. P' of Newport Beach $ which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to Tony and Josephine Corosu as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. VENDOR: VENDEE: CITY OF NEWPORT BEACH, A By ATTEST: The City of Newport Beach further consents to Vendee pledging. City Clerk U his interest in said Mobilehome and Mobilehome Space as security for a APPROVED AS TO FORM: loan from any reputable bank or lending institution. City Attorn y - CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. 1 -D ) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between Jack J. Schweitzer and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement,.Section 8, commencing October 1, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the sale of Mobilehome Space No. 1-D in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, Jack J. Schweitzer as Vendor sells all rights, title and interest to the Mobilehome located on the Mobilehome Space Sharon L. Silberman (Are 35 Trust) No. 1 -D to Lenore J. Krems , as Vendee. Commencing October .l, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City of Newport Beach $ * * * * * * * which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to Sharon L. Silberman (Age 35 Trust¢ Lenore J. Krems as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport.Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WEHREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. ATTEST: ity Clerk APPROVED AS TO FORM: s l City Attorney VENDOR X Jack c we zer VENDEE ' �- L. Silberman Me 35 Trust) CITY OF NEWPORT BEACH A Municipal Corporation City Attorney CONSENT OF CITY.OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (mobilehome Space No. WHEREAS, the City of..Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park .known as Newport Marinapark; and . WHEREAS, pursuant to th Lease Agreement between and the City of Newport Beach. .as executed.March 23, 1976, a Lessee of a trailer space :in.: Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval. of the City Council of the City of Newport Beach; and WHEREAS, pursuant to.said Lease Agreement, Section 81 commencing October.1, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal.to six (6) months rental based upon the.rent at .the .date of the sale to cover certain administrative costs — of .the City of Newport Beach; and WHEREAS, when this document.is executed, it will represent the consent of the City of Newport Beach for the sale of Mobilehome Space No. in Marinapark. NOW, THEREFORE, consideration of the terms, covenants condit' ns sai Lease Agreement of Marinapark, as Vendor sells all rights, title, and interest to the bilehome 1 ca ed on the Mobilehome.Space No. to , as Vendee Commencing October 1, 1977, in consideration for consent ing to this sale, and to cover administrative costs of the City of Newport Beach all as' provided in the Lease between Vendor.. and the City of Newport Beach, Vendor agrees to pay to the City of Newport Beach $ which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to Gladys Nadler as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its.entirety, specifically consents..to and agrees to all of the terms, covenants and.condit ons of that certain. Lease; Newport Marinapark, originally executed March 23,, 1976,.a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to.be made and executed the day and year first above ' written. CITY OF NEWPORT BEACH, A By ATTEST: City Clerk .. APPROVED As TO FO 44A167,f Y/ City Attorne • • CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. 5 -C ) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October 1, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the sale of a one -half (1/2) interest in Mobilehome Space No. 5 -C in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, Herbert N. and Sylvia Cowan: as Vendors sell an undivided one -half (1/2) interest to title to the Mobilehome located on the Mobilehome Space.No. 5 -C to Herbert W. and Anita Rothner as Vendees. Commencing October 1, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City 9 0 of Newport Beach $ which amount equals six times the current monthly rental:on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said one -half (1/2) interest in said Mobilehome and Mobilehome Space to Herbert W. and Anita Rothner as Vendees. Vendees hereby acknowledge that Vendees have received a copy of and read in its entirety, specifically consent to and agree to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. ATTEST: Cis ty Clerk APPROVED AS- TO FO1pl: VENDEES CITY OF NEWPORT BEACH, A Munic' al Corporation By Mayor k 0 CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. 5-D ) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between David Shonholtz & Beverley Shonholtz and the City of Newport Beach as executed March 23, 1976, . a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval. of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October.l, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of.the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the sale of Mobilehome Space No. 5_D in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, David Shonholtz & Beverley, h.w, as Vendor sells all rights, title and interest to the Mobilehome located on the Mobilehome Space No. 5 -D to Roy C, Hale & Genny J. Hale as Vendee Commencing October 1, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor . and the City of Newport Beach, Vendor agrees to pay to the City w 0 of Newport Beach $ which amount equals six, times the current monthly rental on said Mobilehome space The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to R031 ('- anA Ccznny J- Hale as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. ATTEST: i City Clerk APPROVED AS,TO FORM: City Attorney VENDOR: CITY OF NEWPORT BEACH, A Municipal Corporation B Mayor CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. )'. WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, rsuant to the Lease Agreement between and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October .l, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of.the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent.of the City of Newport Beach for the sale of Mobilehome Space No. —& in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and con tions of said Lease Agreement of Marinapark, ��i�Mn Lyt, as Vendor sells all rights, .title and interest to the bile home located on the Mobilehome Space No. ^G to , as Vendee Commencing October 1, --977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City of Newport Beach $ which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and ransfer of said Mobilehome and Mobilehome Space to as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23., 1976, a copy.of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. VENDOR: /oNf f xT���7H� VENDEE: CITY OF NEWPORT BEACH, A Municipal Corporation By ayor ATTEST: City Clerk APPROVED AS TO FORM: J&J C y Attor ey Son/ CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between L. J. Paddock & Betty Paddock and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October; 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of,the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the sale of Mobilehome Space No. 1-C in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, L. J. Paddock & Betty Paddock, as Vendor sells all rights, title and interest to the Mobilehome located on the Mobilehome Space No. 1- C to Irwin Aloerit and Rita Albert as Vendee Commencing October 1, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City •. of Newport Beach $ which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. ATTEST: r City Clerk APPROVED AS TO FORM: City Attorne CITY OF NEWPORT BEACH, A Municipal Corporation CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. 5'A ) WHEREAS, the City of Newport Beach, a chartered municipal corporation, is the Lessor of certain trailer park spaces in the park .known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between Fred B. Palmer & Bawl W. Palmer and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer space in Marinapark will.not sell, consign, exchange or convey a mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October.l, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6).months rental based upon the rent at the date of the sale to cover certain administrative costs of the City of Newport Beach; and WHEREAS, when this document is executed, it will represent . the consent.of the City of Newport Beach for the sale of Mobilehome Space No. 5 -A in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, Fred B. Palmer & Bawl W. Palmens Vendor sells all rights, title and interest to the Mobilehome located on the Mobilehome Space No. 5 -A to David Shonholt® or Beverly, h.w. as Vendee Commencing October 1, 1977, in consideration for consent- ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor . and the City of Newport Beach, Vendor agrees to pay to the City of Newport Beach $ which amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. ATTEST: 'City Clerk r/ APPROVED AS TO FORM: City A me VENDOR: 9rTc -7' VENDEE: / �J6JJJ�y� � 1�YIJ F. CITY OF NEWPORT BEACH, A Municipal Corporation Mayor CONSENT OF CITY OF NEWPORT BEACH TO SALE OF MOBILEHOME AND TRAILER PARK SPACE NEWPORT MARINAPARK (Mobilehome Space No. 5-C WHEREAS, the City of Newport Beach, a chartered municipal . corporation, is the Lessor of certain trailer park spaces in the park known as Newport Marinapark; and WHEREAS, pursuant to the Lease Agreement between MARCELe RKWON and the City of Newport Beach as executed March 23, 1976, a Lessee of a trailer space in Marinapark will not sell, consign, exchange or convey a Mobilehome and trailer space without the prior written approval of the City Council of the City of Newport Beach; and WHEREAS, pursuant to said Lease Agreement, Section 8, commencing October 1,, 1977, upon the transfer of any mobilehome and trailer space the Lessee shall pay to the City of Newport Beach a fee equal to six (6) months rental based upon the rent at the date of the sale to cover certain administrative costs of,the City of Newport Beach; and WHEREAS, when this document is executed, it will represent the consent of the City of Newport Beach for the sale of Mobilehome Space No. 5.0 in Marinapark. NOW, THEREFORE, in consideration of the terms, covenants and conditions of said Lease Agreement of Marinapark, MARL U A IIERSON as Vendor sells all rights, title and interest to the Mobilehome located on the Mobilehome Space No. 5 -C to Herbert Cowan or Sylvia Covan,h.w., as Vendee Commencing October 1, 1977, in consideration for consent - ing to this sale, and to cover administrative costs of the City of Newport Beach all as provided in the Lease between Vendor and the City of Newport Beach, Vendor agrees to pay to the City 0 of Newport Beach $ •. ich amount equals six times the current monthly rental on said Mobilehome space. The City of Newport Beach hereby consents to the sale and transfer of said Mobilehome and Mobilehome Space to as Vendee. Vendee hereby acknowledges that Vendee has received a copy of and read in its entirety, specifically consents to and agrees to all of the terms, covenants and conditions of that certain Lease, Newport Marinapark, originally executed March 23, 1976, a copy of which is attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. VENDOR: ATTEST: City Clerk APPROVED AS TO FORM: /SA A City Attorney CITY OF NEWPORT BEACH, A Municipal Corporation By Mayor 630 NORTH BROADWAY • TELEPHONE 836 -2767 SANTA ANA, CALIFORNIA REPORT AND APPLICATION FOR AREA CODE Its. SEPARATE ASSESSMENT OF IMPROVEMENTS FOR MOBILE HOME PARKS 'To. BRADLEY L. JACOBS ASSESSOR, COUNTY OF ORANGE Sec. 2188.2 of the. California Revenue and Taxation Code provides that "whenever improvements are owned by a person other than the owner of the land on which they are located, the owner of the improvements. or the owner of the land may file with the assessor a written statement before the lien date (Firsr.of March) attesting to their separate ownership, in which event the land and improvements shall not be assessed to the same assessee." The tax on an improvement so assessed may become a lien on any other real property. in Orange County owned by the owner of such improvements. If no written request is made „the improve - 'ment.will be assessed to the.owner of'the. land. NEWPORT MARINAPARK 1770 W..Balboa I. NAME OF MOBILE HOME PARK Newport Beach, .CA 92660 ADDRESS OF PARK 047- 190 -06 AP number or legal description of land upon which the improvements are located: 11. .DESCRIPTION OF IMPROVEMENTS'TO BE SEPARATELY ASSESSED. Owner of imp: Mailing address of as of Lien date Owner. of Improvements above in 1770 West Balboa Bl. Arthur Elliott ” Newport Beach, Ca. 92663 assessed 2446 Brentwood Lane Bernard Saxon Sa Bernw!djng. Ca. 92407 40o Evelyn Piece - Leonard Noss . Beverly:Hills.'Ca. 90210 320 'North Maple Dr. Shatoes Beverlyr Hi11s, Ca, 90210 �' North Hi crest Rd, Stanley Zucherman Beverly Kills, Ca 90210 304' Arlington. Drive Robert F. Fei Pasadem. Ca. 9110 1300 E. Highlanci.Avenue William Rainbolt San Bernardino, Ca. 92404 329 -23rd Strut Budd. L. Charlston Santa Monica, Ca..90402 Use reverse side of the form if necessary, III. 'REPORT OF'OWNER OF MOBILE. HOME PARK Description Space # of Imps. 4-C cabana remove ASSESSOR'S USE ONLY L 5 -D none _ 6 -C Cabana above in S-C Cabana request that 9 -C Cabana assessed 9 -D none 10 -B Cabana removed 11-C Cabana removed Lam the owner of the Mobile Home Park described in Item I. The improvements described above in item 11 are not owned by me. I request that the improvements described above be assessed to.their respective owners. My mailing address'is: My telephone' number is: _ 714/640-2145 This statement and request is executed by me: at_�tiewport..Beach3 Oraryt6,Gounty, California_ on .February 20, 1979. (CITY, COUNTY R STATE) )MONTH, DAY a YEARI 1 fiEi?Et31' CERTIFY ALL INFO.RMArION FURNI.SIIED TO THE ASSESSOR IS TRUE, CORRECT AND 0041 PL E: Tr: L' ASSESSOR'S USE ONLY Attach another sheet if necessary and it will become a part of this declaration, d._......: . __,_ . �._,.,.. �...�- _..._�..._._, ,-_ ....._...-- ..,....:.�::�.,...'. -..mom Owner of Imp. Mailing address of Description as of lien date Owner of Improvements Space p of Imps. 1617 W. Ricky Avenue Dr. Maxwell L. Roston Anaheim, Ca, 92882 11 -D none 2139 Della Lane Dr..Martin H. Litke Anaheim, Ca, 92802 12 -A none ASSESSOR'S USE ONLY Attach another sheet if necessary and it will become a part of this declaration, d._......: . __,_ . �._,.,.. �...�- _..._�..._._, ,-_ ....._...-- ..,....:.�::�.,...'. -..mom RAW 1111 11111 11111 o`(�� i�i'1 � �J f1©J �! ;\�\\� /id_1 ice/ r1'�i il®R1 ���;�e 1l --if IM: iii 9 L rr::z r= U U- m A FA M FL "'A CRVJC L See file for Plan from Marinapark Planning Study Prepared by Design Construct Inc. F 11 11 k, -L -E A_S E_ NEWPORT MARINAPARR 1976 L E A_S_E_ NEWPORT MARINAPARK ' TABLE OF CONTENTS ' Page ' 1. MEANING OF WORDS .............. ............................... 2 2. DESCRIPTION OF LEASED PREMISES ............................... 3 ' 3. TERM .......................................................... 3 4. MINIMUM RENTAL ................ ............................... 3 ' 5. ADJUSTMENT OF MINIMUM RENTAL .. ............................... 4 6. EXISTING LEASE AGREEMENT.. 4 1 7. SALE .......................... ............................... 5 8. ADMINISTRATIVE FEE 5 9. ASSIGNMENT - SUBLEASE ........................................ 5 ' 10. PUBLIC ACCESS ................. ............................... 6 11. BICYCLE PATH - PEDESTRIAN WALKWAY.. 6 1 12. USE ........................... ............................... 6 ' 13. TAXES AND UTILITIES ........... ............................... 6 14. RELOCATION OF ENTRANCE - TENNIS COURTS ....................... 7 ' 15. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS .................. 7 16. RULES AND REGULATIONS... 8 17. INDEMNIFICATION. ............................................. 8 ' 18. NON - COMPLIANCE AND TERMINATION OF LEASE ...................... 9 19. ABANDONMENT OF IMPROVEMENTS 10 ... ............................... ' 20. SURRENDER OF POSSESSION UPON EXPIRATION OR TERMINATION....... 10 21. LIQUIDATED DAMAGES .................. 10 ' 22. ATTORNEYS' FEES. ............................................. 11 ' 23. REMEDIES CUMULATIVE .......................................... 11 24. NO WAIVER ..................... ............................... 11 25. COMPLIANCE WITH LAWS .......... ............................... 11 -2- TABLE OF CONTENTS ' (cont.) 1 Page 26. NOTICES ...................... ............................... 12 1 27. 12 MISCELLANEOUS ................. ............................... EXHIBITS: Exhibit „ A” . - Newport Marinapark Agreement dated June 25, 1973 "B" Exhibit. - Site Plan - Civic Legion Marinapark Complex Exhibit "C" - Rules and Regulations - Newport Marinapark 1 1 1 1 1 1 1 -2- L E A_S E_ THIS LEASE, made and entered into this _-Z-34-1 day of 1976, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation, hereinafter referred to as "Lessor ", and the lessees of all or a part of fifty -eight (58) trailer park spaces in that park known as Newport Marinapark, hereinafter referred to as "Lessees ", which Lessees are individually identified by trailer space number and their signature to this document. -1- R E C I T A L S: ' A. Lessor holds title to and is the owner of 1 certain harbor frontage and tidelands, together with certain uplands abutting thereon located on Balboa Boulevard in the City of Newport Beach and which is presently utilized as a mobilehome park commonly known as Newport Marinapark. ' B. Lessor and the lessees of all fifty -eight (58) ' trailer spaces entered into an agreement on June 25, 1973, providing that Lessor would lease to Lessees said trailer spaces until September 30, 1977, upon certain conditions and terms contained in said agreement marked Exhibit "A" and which is incorporated herein and made a part hereof by this reference. C. On December 22, 1975, the City Council of the City of Newport Beach upon the recommendation of the "Ad Hoc Committee on Marinapark Leases" voted to extend said trailer space leases for an additional period of time as hereinafter set forth. D. It is the judgment of the City Council of the City of Newport Beach that it is for the best interests and welfare of said City and the residents thereof to lease said -1- trailer spaces hereinafter described to Lessees for the purpose hereinafter set forth and for the consideration hereinafter maintained. E. It is the judgment of the City Council of the City of Newport Beach that the leasing of said trailer spaces hereinafter described, to Lessees, upon the conditions in this Lease Agreement spegified, is not inconsistent with the trust rpurposes imposed upon such portions of the lands hereinafter described which may constitute tidelands, nor is the leasing of said adjoining uplands hereinafter described in violation of the gift clause of the Constitution of the State of California; it is further the judgment of the City Council of the City of Newport Beach that this lease complies with the Charter of the City of Newport Beach, all local ordinances and the General Laws of the State of California. F. Lessor proposes to lease to Lessees the trailer spaces described hereinafter, and Lessees are willing to accept' said lease on the terms and conditions hereinafter set forth. NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS AND THE MUTUAL COVENANTS set forth below, Lessor and Lesseeshereby agree as .follows: 1• MEANING OF WORDS a. Park Manager or management is the person or persons designated by the City Manager as being responsible for administering the terms of the lease and the Rules and Regulations.promulgated thereunder. b. Marinapark, trailer park and park are used interchangeably and all refer to Newport Marinapark. C. Mobilehome and trailer are used interchangeably and for the purpose of this lease are synonymous. d. Trailer space, trailer lot, mobilehome space, -2- and trailer site are all used interchangeably and for the purpose of this lease all refer to the demised premises. 2. DESCRIPTION OF LEASED PREMISES Lessor hereby leases, and Lessees do hereby accept a lease of a trailer space as indicated situated in Newport Marinapark as shown on the attached site plan marked Exhibit "B" and made a part herein by this reference. 3. TERM The term of this lease is for a period of nine (9) years and eight (8) months, commencing on the 1st day of February, 1976, and ending on the 30th day of September, 1985. Should the City Council find and determine on or about the expiration of this lease that Newport Marinapark is not required for any public trust purpose or other public purpose, Lessees shall have the option to extend this lease for five (5) years following the expiration of the initial term, upon the same conditions herein contained. If Lessees elect to exercise this option, they shall notify Lessor in writing of their intent to so exercise said option. 4. MINIMUM RENTAL As minimum rental, Lessees covenant and agree to pay to Lessor the sum of Two Hundred and Thirty Dollars ($230.00) per month for each bayfront mobilehome space marked in Spaces A, B and F and One Hundred and Ninety Dollars ($190.00) per month for each inside mobilehome space located in Sections marked C, D and E until June 30, 1976. Commencing July 1, 1976, as minimum rental, Lessees covenant and agree to pay to Lessor the sum of Two Hundred and Forty -five Dollars ($245.00) per month for each bayfront mobilehome space located in Sections marked A, B and F and Two Hundred Dollars ($200.00) per month for each inside mobilehome space located in Sections marked C, D and E, payable on the 1st day of each month so long as this lease remains in effect. Said rental payment and any adjustment thereto -3- as hereinafter provided is deemed to be the fair market rental value for said demised mobilehome trailer spaces. 5. ADJUSTMENT OF MINIMUM RENTAL Commencing on October 1, 1977, and every year there- after so long as this lease remains.in effect, the minimum monthly rental as set forth in paragraph 4 of this lease shall be .subject to increase in proportion to any changes in the Consumer Price Index (All Items) for the Los Angeles -Long Beach, California Area as promulgated by the Bureau of Statistics of the United States Department of Labor (CPI) in accordance with any increase of an arithmetical average of the monthly index figures for the twelve calendar months beginning July 1 and ending June 30. In any event, and regardless of the CPT, the minimum annual increase in the monthly rental shall be Fifteen Dollars ($15.00) per month for all trailer spaces. The maximum annual increase in the monthly rental shall be Twenty -Five Dollars ($25.00) per month for each inside mobilehome trailer space consisting of Sections C, D and E and Thirty Dollars ($30.00) per month for each bayfront mobilehome trailer spaces consisting of Sections A, B and F. If the aforementioned Consumer Price Index as now compiled and published is superseded by another index, then from and after the date on which the new index becomes available it shall be used to calculate the increase in annual percentage monthly rental as set forth above, provided that an appropriate conversion from the old index to the new index can feasibly be made. 6. EXISTING LEASE The terms and conditions of the existing Lease Agreement between the City of Newport Beach and the lessees of the fifty -eight (58) Newport Marinapark mobilehome trailer spaces dated June 25, 1973 (Exhibit "A "), shall remain in full force and effect and shall be binding concurrently with the :�E terms and conditions of this Lease Agreement. However, if there is any inconsistency or conflict in the language of the two agreements, the terms and conditions of this Lease Agreement supersedes and prevails over the terms and conditions of the June 25, 1973 Lease Agreement. Those Lessees and their successors or assignees who are parties to the June 25, 1973 Lease Agreement and who elect not to sign this Lease Agreement will continue to be bound under the terms and conditions of the June 25, 1973 Agreement and will accordingly be required to peaceably vacate their respective trailer spaces on or before October 1, 1977, without contest, legal or.otherwise,. notwithstanding any of the provisions to the contrary contained in the June 25, 1973 Lease Agreement. 7. SALE Lessees shall not sell, assign., exchange or convey, excepting testamentary transfers, their respective mobilehomes and trailer spaces without the prior written approval of the Newport Beach City Council. 8. ADMINISTRATIVE FEE Beginning October 1, 1977, Lessees shall pay Lessor a fee equivalent to six (6) months' rental, based on the rate at date of sale, when mobilehomes are sold and trailer spaces are assigned to new tenants. Said fee is to cover certain administrative costs to Lessor such as the preparation of a new lease document and building and health and safety code inspec- tions. Said fee is considered reasonable and not in violation of Section 789.8 of the California Civil Code. 9. ASSIGNMENT - SUBLEASE Lessees may sublease any of his rights hereunder after first obtaining the written consent of the City Manager or his designated representative on forms prepared by the City Attorney and approved by the City Council, and any such subletting without Lessor's prior written consent shall be in violation of the Lease and, therefore, void. -5- 10. PUBLIC ACCESS There is hereby reserved over the lease properties at the east end of Newport Marinapark a public walkway of approximately ten (10) feet in width. Said walkway shall provide convenient access for the public to the beach and waters of the harbor bayward of Marinapark. Lessor shall pay for any costs associated with the construction or improvement of said public walkway. 11. BICYCLE PATH - PEDESTRIAN WALKWAY A bicycle path and pedestrian walkway twelve feet in width shall be constructed bayward of and adjacent to the existing retaining wall in front of Marinapark. Said bicycle path and pedestrian walkway will connect with the public walkway at the east end of the Park referred to hereinabove in paragraph 10. Lessor shall pay for any costs associated with the construc- tion and installation of said bicycle path and pedestrian walkway. 12. USE The leased premises shall be used solely for the location and storage of a mobilehome of approved size and dimension. Lessees agree to comply with all laws, regulations and ordinances of the City, County and State affecting the leased premises and improvements located thereon, including Lessees' mobilehomes. 13. TAXES AND UTILITIES Lessees shall pay before delinquent any general and special taxes or assessments or other governmental charges, if any, which may be levied on the demised premises or mobilehomes located thereon, including any improvements associated therewith, or any possessory interest therein arising out of or based upon the leasehold interest throughout the term hereof. Satisfactory evidence of such payments shall be made available to Lessor upon demand therefor. Lessees shall make arrangements individually and pay for electric and telephone service directly with the utility companies furnishing the same. Lessor shall furnish water to Lessees for use on the trailer site. Should a Lessee use an abnormal amount of water or waste water or permit water to be wasted by occupants or guests of his trailer, a reasonable Icharge, the amount to be determined by Lessor,.may be assessed to the Lessee for such water. Lessees shall each pay to Lessor 1 a flat rate of Ten Dollars ($10.00) per month for gas service provided to their respective trailer spaces. ' 14. RELOCATION OF ENTRANCE - TENNIS COURTS Lessees agree to cooperate with Lessor should Lessor wish to relocate the main entrance of Marinapark to 18th ' Street or should Lessor desire to install additional tennis courts on the public area adjacent to Marinapark. Lessees ' further agree to cooperate with Lessor should Lessor desire to install any other improvements as set forth in the Master Plan for Newport Marinapark. 15. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS Lessor agrees to maintain the grounds, landscaping and all City -owned buildings, and any other improvements in ' existence or constructed or installed on the Marinapark property. Lessees will at their own cost and expense maintain their ' respective mobilehomes, cabanas, and any other improvements connected to or associated with their mobilehomes at a high standard of maintenance and repair. If in the judgment of Lessor such standards of maintenance and repair are not being maintained, Lessor may, at its option, after written notice thereof to the Lessees and Lessees' failure to commence in good faith to remedy the same within a reasonable period of time, to diligently ' prosecute the same to completion, elect to correct any deficiency and Lessees agree to pay to Lessor on demand any and all sums expended by it in correcting any such deficiency. Lessees further agree that any and all landscaping located adjacent to -7- mobilehomes shall be limited to three feet in height in order to minimize any possible view obstruction of the Bay from ' the inside units. 16. RULES AND REGULATIONS Lessees agree to abide by and be bound to the attached "Rules and REgulations" marked Exhibit "C" and made a part herein by this reference. 17. INDEMNIFICATION Lessees covenant that they will hold and save Lessor, 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 demised premises, and to indemnify Lessor 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 Lessees' property; except for any damage or injury of any kind arising out of the negligence of Lessor, its agents, or employees. Lessees, as a material part of the consideration under this Lease Agreement, hereby waive all claims against Lessor for any damage or loss from any cause arising at any time, ' including but not limited to fire, theft, Acts of God, vandalism or any physical damage while the trailer remains in the mobile- home park, other than the negligence of Lessor's agents, officers or employees. Lessees do hereby agree to indemnify and hold ' Lessor harmless from and on account of any damage or injury to ' any person or equipment on the trailer arising from any cause or from the negligence of a Lessee, his family or guests. 20 18. NON - COMPLIANCE AND TERMINATION OF LEASE Time and each of the terms, covenants and conditions hereof are expressly made the essence of this lease. ' If Lessees shall fail to comply with any of the terms, covenants or conditions of this lease, including the payment of rental herein reserved, at the time and in the ' amount herein required, and shall fail to remedy such default within sixty (60) days after service of a written notice from Lessor so to do if the default may be cured by the payment of notice or demand, terminate this lease and enter upon the money, or to commence in good faith to remedy any other default ' within sixty (60) days and thereafter diligently prosecute the same to completion, or if a Lessee shall abandon or vacate the leased premises, Lessor may, at its option, and without further notice or demand, terminate this lease and enter upon the leased premises and take possession thereof, and remove any and all persons therefrom with or without process of law. Lessor may elect to terminate this Lease for any event ' of default or breach hereof or of the park Rules and Regulations. Should Lessor elect to terminate, it may recover from Lessees all damages incurred by Lessor by reason of such breach, including, without limitation, the cost of recovering the premises, and the worth at the time of such termination of the excess, if any, of the amount of unpaid rent and unpaid charges reserved under this Lease over the amount of the rental loss which Lessees ' prove could be reasonably avoided, for the remainder of the ' term of this lease. Such amount shall be immediately due and payable from Lessees to Lessor, together with interest at the rate of ten percent (10 %) per annum from the date owing until paid. The remedies of Lessor specified herein are in addition to and cumulative of any remedies provided Lessor by statute, including the remedies provided in California Civil Code Sections 1951.2, et sec. 19. ABANDONMENT OF IMPROVEMENTS Any and all improvements, including mobilehomes and ' cabanas, left remaining on said trailer space at the expiration ' or termination of this lease shall belong to and be the property of the Lessor. Lessor shall have the absolute right to demolish, or otherwise remove, any such trailers and /or appurtenances without further notice or compensation.of any kind to Lessees. ' 20. SURRENDER OF POSSESSION UPON EXPIRATION OR TERMINATION Upon the expiration or termination of this Lease, Lessees agree to peaceably deliver possession of the leased trailer spaces to Lessor and unconditionally agree to vacate ' the premises without contest, legal or otherwise. Lessees ' further expressly agree to waive any and all legal rights they may have to contest vacating the premises and further agree to release Lessor from any and all claims they may have of whatever nature. Lessees further agree to waive any relocation assistance or any other assistance from Lessor resulting from ' vacating the leased premises. 21. LIQUIDATED DAMAGES ' Failure of Lessees to vacate the leased premises upon expiration or termination of this lease will result in ' damages being sustained by Lessor. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Those individual Lessees who fail to vacate said premises will pay Lessor One Hundred Dollars ($100.00) each for every day those individual Lessees fail to vacate said premises. It is agreed that the One Hundred Dollars ($100.00) per day per each individual Lessee refusing to vacate said ' premises is the minimum value of the actual damage caused by ' said failure to vacate, that such sum is to be considered liquidated damages and shall not be construed as a penalty. -10- 22. ATTORNEYS' FEES Should either Lessor or Lessees be required to employ counsel to enforce the terms, conditions and covenants of this Lease Agreement, the prevailing party shall recover all reasonable attorneys' fees (and court fees if applicable) incurred therein whether or not court proceedings were commenced. 23. REMEDIES CUMULATIVE The rights, powers, elections and remedies of the Lessor 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 Lessor's right to exercise any other. 24. NO WAIVER No delay or omission of the Lessor to exercise any right or power arising from any omission, neglect or default of the Lessees shall impair any such right or power or shall be construed as a waiver of any such omission, neglect or default on the part of the Lessees or any acquiescence therein. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this 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. 25. COMPLIANCE WITH LAWS Lessees covenant and agree to comply with all rules,, regulations, statutes, ordinances and laws of the State of California, County of Orange, the City of Newport Beach or any other governmental body or agency having lawful jurisdiction over the leased property. -11- 26. 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 Lessor on Lessees, it may be served either: and 1. By delivering a copy to the Lessee personally; 2. 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 3. If no one can be found, then by affixing a copy of the notice in a conspicuous place on the trailer space or mobilehome and also sending a copy through the mail addressed, to the Lessee. Such service upon the Lessor or Lessee shall be deemed complete at the expiration of forty -eight (48) hours from and after the deposit in the United States mail of such notice, demand or communication. 27. MISCELLANEOUS A. Inurement Each and all of the covenants, conditions and agreements herein contained shall, in accordance with the context, inure to the benefit of Lessor and apply to and bind Lessees, their respective heirs, legatees, devisees, executors, administrators, successors, assigns, licensees, permittees, or any person who may come into possession or occupancy of said premises or any part thereof in any manner whatsoever. Nothing in this paragraph shall in any way alter the provisions herein contained against assignment or subletting. -12- 1 :1 I❑ 11 I❑ IU IF IF IF 1 B. Captions The captions of paragraphs and subparagraphs of this lease are for convenience only and do not in any way limit or amplify the terms and provisions hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. ATTEST: City Clerk APPROVED APPROVED AS TO FORM: City Attorney f CITY OF NEWPORT BEACH By: Mayor -13- NAME SPACE NO CLAYTON L. BALDWIN, JR. dd" NAME SPACE NO. 3A ESTA M. WYNE 1 1B 12. 3B ISE A. SENGER L. - - JJ.. PADDO/CK? e%�i d� / ' Wife 4 1D ACK J2�/SCHWEITZER ' Wife CHARLES STETSON Wife ' 6. RGE L. HOLLOWELL, 2A ' 4s FxodoTa R' 4,44M s.�ouven/ W fP. A% A �I 1 I 2B 8. -�( «c-W`L 2C HENRY L PARKER Wife 9. .. - WiTe ,7 14 R. TRY C. PATTERSON G?r; Wife 15. ` l &F `A mom NAT L. G9RMAN M ti 3C 3D 3E 16.�pyvivr 4A EMMA C. WRIGHT 4B e 20 4E ROBERT D. S N i I I 11 I I I i i I NAME SPACE NO. (IONS PETERMAN ( (25. (MRS. GOLDBERG MARSHALL / 5A m 5C 5D 5E 5E m 27 . /_ cX�✓L/ 6B 4; ELMAN Wife 28.0 4 L 6C JAMES C. PICHEL ra Fo NAME SPACE NO. I Wife P/ 7A RD K�Ry/A I.1 -2- &�� / /J i SAXON BERNARD L. Wife k-:; 8D u I I I I I 1 C I 1 IMUM LAWRENCE E. GANAHL SPACE NO. m 42._�0 9D BETTY, BERT NAME SPACE NO. 49 Wife 11B t 11D. ( AUL SCOTT ( (52.' w 11D (�3HN TREDICK /`� 53.E k- 4,m /1 11E -3- D • 11L]il l V 1Y iCll\ Wife 56 JACK HOROWITZ Wife 12A 12B 12C I I I LJ I LJ I E 11 I I i I NAME SPACE NO, 12D 12E _g_ Ff��� RECORDED IN or RECORDS [. ,� d(/ OF ORANGE COUNTY. CALIFORNIA 3 �% C3 f [ . ' F.hS. 1 U t. 9 1973 app /�` —�j past 1 . A G R E' E M E' N' T J.WYLIE CARLYLE, Caunty :ZCCOM r. r QG �0 7294 THIS AGREEMENT, made this ZS-rN day of JUNE , �. 1973, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter sometimes termed "Lessor" and the .� lessees of 58 trailer park spaces in that park known as Newport Marinapark, hereinafter sometimes termed "Lessees," which Lessees are individually identified by their signatures to this document. W I T N E S S E T H: WHEREAS,.the City of Newport Beach'is the owner of i that certain real property located on Balboa Boulevard in the City of Newport Beach presently utilized as a'trailer park and known as Newport Marinapark; and WHEREAS, the City has leased 58 .trailer park spaces to certain Lessees under separate standard form rental agree -. ments; and WHEREAS,'although said leases by their terms will .1 expire on June 30, 1974, various alleged representations have been made concerning extension of said leases and a dispute has arisen between Lessor and Lessees concerning the termina- tion date of said leases; and WHEREAS, on October 10, 1972, the City Council of the City of Newport.Beach voted to accept the recommendation of the Parks, Beaches and Recreation Committee to convert Newport Marinapark into a public recreation area at the 'termination of said leases; and WHEREAS, the City Council of the City of Newport Beach wishes to terminate the Marinapark leases on a date certain; and , -1- ".r.. .. - ..., ..........:..... ... EXHIBIT. "A"_ . .. .,..._... .. .. ,.. r i t Sion of Newport Marinapark into a public recreational area. . Until said.written notice to vacate is given, all Lessees shall remain on a month -to -month tenancy subject to the same terms . and conditions as their leases, shall.provide.as. herein . modified.' 3.. Upon the expiration of the ninety (90) days pursuant to written notice.to vacate as described in paragraph 2, all 58 Newport Marinapark Lessees unconditionally agree to, vacate the premises without contest, legal'or. otherwise, Said Newport Marinapark Lessees expressly agree to 'waive any and W WHEREAS, pursuant to Newport Beach Resolution No. 7976, a copy of which is attached hereto, marked Exhibit "A" and made a part herein by this reference, Lessor and Lessees P1 are desirous of agreeing.to a transitional period to .resolve their differences concerning when said leases shall terminate; and WHEREAS, Lessor and Lessees are desirous of other- wise modifying said leases. NOW, THEREFORE,.BE IT RESOLVED that the City Council of the City of Newport Beach as Lessor and the Lessees of Newport Marinapark hereby agree as follows: 1. A transitional period shall be established whereby leases for all 58 trailer park spaces shall be extended to and including September 30, 1977.' 2. Any time after September 30, 1977, City may give ninety (90) days written notice to vacate said premises to . all Lessees of Newport Marinapark. Said notice shall not '. be given by City until City has allocated necessary funds, . approved necessary plans., and obtained all necessary govern- mental approvals, including environmental requirements, zoning requirements and any other requirements to.achieve the conver-- Sion of Newport Marinapark into a public recreational area. . Until said.written notice to vacate is given, all Lessees shall remain on a month -to -month tenancy subject to the same terms . and conditions as their leases, shall.provide.as. herein . modified.' 3.. Upon the expiration of the ninety (90) days pursuant to written notice.to vacate as described in paragraph 2, all 58 Newport Marinapark Lessees unconditionally agree to, vacate the premises without contest, legal'or. otherwise, Said Newport Marinapark Lessees expressly agree to 'waive any and t 1 1 t 1 all legal.rights.they may have to contest said vacation of W the premises and agree to. release said City from any and all L� claims they may have of whatever nature to.otherwise extend said lease period. Lessees further agree to waive any relo- cation assistance or.any other assistance from Lessor resulting from vacating the premises. 4. At the end of said ninety (90) days written notice to vacate period Lessees agree that.any remaining trailers and /or appurtenances in Newport Marinapark shall be deemed property of Lessor and Lessor.shall have the absolute right to demolish, or otherwise remove, any such trailers and /or appurtenances without, further notice or compensation of any kind.to.Lessees. 5. Failure of the Lessees to vacate.said premises as provided in paragraphs 2 and 3 will result in damages being sustained by Lessor. Such damages are, and will con- tinue to be, impracticable and extremely difficult to deter- mine. Those individual Lessees who fail to vacate said premises in accordance with paragraphs 2 and 3'will'pay Lessor One . Hundred Dollars ($100) each for every day those individual Lessees fail to vacate said premises. It is agreed that the' One Hundred Dollars ($100) per day per each individual lessee . refusing to vacate said premises is.the minimum value of the . actual damage caused by said failure to vacate, that such.sum is to be considered liquidated damages and shall not be con- ... strued as a penalty. 6. Lessees agree to notify any purchaser.or assignee.of their interest in a trailer or tenancy in Newport Marinapark of .this agreement and secure any such purchaser or assignee's express consent to the terms and provisions of this Agreement. -3- 7. All Newport Marinapark Lessees agree to a rental increase in accordance with the following schedule, effective {F z�- July 1, 1973: 1972 -73 1973 -74 1974 -75 1975 -76 " 1976 -77 Front Trailers (24) per month $170 $200 $215 $230. $245 Rear Trailers (34) per month 145 170. 180 190 200 8. All Newport Marinapark Lessees shall cooperate with Lessor in the installation of wider pathway access to the public beach at the east end of Newport Marinapark. 9. Lessees shall also cooperate with City should City desire to.install additional tennis.courts on the public area. . 10. °The provisions of the existing Rental Agreements and Regulations between Lessor and Lessees shall remain in ef- feet through the periods herein specified except as otherwise modified by this Agreement.. 11., Should Lessor be required . to bring suit in court to enforce any of the terms or conditions of this Agreement, Lessees agree to pay Lessor its costs and reasonable attorneys' fees. . 12. This Agreement will be deemed null and void unless . executed by each and every one.of the.58 Lessees on or. before. November 7, 1973, 13. This Agreement shall be binding upon the Lessees' heirs,, successors and assigns and shall be recorded in the office of the .County Recorder of Orange County. IN WITNESS WHEREOF, the parties have caused this. Agreement to be executed on the date first above written. j -4- CITY OF NEWPORT BEACH, a MuniVipal Corporation ATTEST:. Pk" City Clerk APPROVED AS TO FORM: C�LIF `a`� i t orney f Space Space .. !. LESSEE �. No. LESSEES No. -� � /.��� ^� ' .. /� . � � .�F� ; "� -'/3 -� • — tom._ - J2 -63 / F y ,> 1079l�4 Space Space LESSEES No. LESSEES No. 0 i .� i C (a_- A, t 1 I I -E RESOLUTION OF THE CITY COUNCIL OF THE CIT`C OF -NEWPORT BEACH 'EXPRESSING ITS REAFFIRMATIO'M OF THE LEASE TEP-HINATION AND 1TS INTENTION TO PEMMIT A TRANSITION PERIOD FOR 'ME',1PORT vMRIYAPARK AT THE TEV24INN-7V!.10L\T OF THE TRAILER SPACE RENTAL AGREE M'NTS M R 'AS, the City ofNew -M L port Beach is the owner of that, certain real, property located on Balboa,Boulevard in,the City of Newport Beach presently utilized as .a trailer park and, kno M-1 as NEMPORT MARINAPARK; and MIEREAS, theCity has leased fifty—eight (58) trailer park spaces to certain lessees under a standard form rental agreement; and WHEREAS; all of said leases will expire•on June.,30, 1974; and 'WHEREAS, on October 10, 1972, the City Council voted .to accept the reco."Lnendation of the Parks, Beaches & Recreation commission to convert Plarinapark into a public recreation area at the termination of the agreement; and WHEREAS, the Council wishes to reaffirm its.decision to terminate the M-aripapars-, leases when they expirer and . WHEREAS, certain residents of Plarinapark have requested, that the City Council consider permitting a transitional period at the expiration of the leases; and WHEREAS, the Citv Council has considered the proposal for a transitional period and finds that to grant such a period would be in the, best interests of the. City of New-port Beach. NO'K THEREFORE BE IT RESOLVED that the C 4 4- In l ounce of f the City of Newport Beach hereby agrees to permit a transition peric.)d.for the residents of Mrarinapark under the following terms and conditions: The transition period will extend to Septerriber. 30, MalIBIT ATTEST: I UL AND J�" ECT COPY City Clerk CITY CLePK W N: C:-.i E. 14 SV44 JUN 1 6 1973 DAM......... ......... written noticL to vacate to all residents Of Ilarinapar1c, 3. All 58 Marinapark residents will sign appropriate waivers and releases guaranteeing that they will. unconditionally and without con-test vacate the premises at the expiration of the period specified in the vacation notice referred to in Paragraph 2 above. The form and substance of said waivers and releases •ill be sxibject to the approval of the City Attorney. 4. Said waivers and releases must be executed by all 58 Marinapark residents within six (6) months of the date- of the adoption of this Resolution or the transitional period as. granted under this Resolution will be deemed null and void and of no further force and effect. 5. The Marinapark residents shall agree to a rental 'increase According to the following schedule. 1972-73 1973-74 1974-75 1975-76 1976-77 Front Trailers (24) $170 $200 $215 $230 $245 per month Rear Trailers (34)145 176 186 190 200 per month 6. The Marinapark residents shall cooperate with the City. in the installation of a wider pathway access to the.public beach at the East end of the Marinapark site_ install 7. The City shall as soon as possible addi- tional tennis courts. ADOPTED this 7th day of May ., 1973 Mayor ATTEST: I UL AND J�" ECT COPY City Clerk CITY CLePK W N: C:-.i E. 14 SV44 JUN 1 6 1973 DAM......... ......... E�cr: 1 079.E 438 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) ' On June 25, 1973, before me, the undersigned, a Notary Public in and for said State, personally appeared HOWARD ROGERS, known to me to be the Mayor Pro Tempore, and LAURA LAGIOS, �. known to me to be the City Clerk of the municipal corporation that executed the within Instrument, 'known to me to be the persons who executed the within Instrument on behalf of the cor- poration therein named, and acknowledged to me that such corpora - tion executed the within Instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. PA `N Notary Pub is in and for �I �r� PR+VC FA! GrF1^.E IN said State ORAM1,GE COUNTY 1 I My Commission Espiros Feb. 9, 1977 � I i 1 i 1 1 1 1 i 1 1 AFFIDAVIT STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) W;X I M.I 439 We, the undersigned being first duly sworn, state according to our best information and belief the fol- lowing: a.. Each signature appearing hereinabove on this agreement is the genuine sig- nature of the person whose name it purports to be, and each person is one of the 58 master lessees of the trailer spaces at Marinapark. b. The undersigned affiants personally ob -' served each signer placing on the here inabove section of the said agreement his or her signature and his or her space number in Newport Marinapark: i i i Notary, Public in and/for the .County of Orange, State of California I! II I! 1 1 STATE OF CALIFORNIA ss COUNTY OF ORANGE On June 29, 1973, before me, the undersigned, a Notary Public in and for said State, personally appeared Herbert Williams and Paul Henderson, personally known to me to be the persons whose names are subscribed to the within Instrument, as Witnesses thereto, who being by me duly sworn, depose and say: That they reside in Newport Beach, County of Orange, California,. and that they were present and saw Herbert Williams, Joe Muslin, Allen D. Jacobs, Al Goodman, David C. Williams, Charles Stetson, Paul M. Henderson, G. W. O'Brien, Roy E. Whitehead,.James C. Pichel, Marcella Emerson, Charles A. Raport, Fred B. Palmer, Harry J. Crawford, Charles F. Schoenherr, Nile Running, H. Globen €elt, Ione Peterman, P. M. Passy, Frank T. Turnbull, Mrs. B. J. Weinfurtner, Harry C. Patterson, L. J. Paddock, Jerry M. Lewis, Martin L. Meltzner, Leon Benveniste, Malcolm Leo, Robert Clifford, Mae Bisgeier, Eli Elman, Milton Werner, Robert Wolman, Lee Brenner, H. Paul Romeis, Wayne Collins, Stanley R. Charlston, Budd L. Charlston, David Brownell, John Westergart, James Loudon, Elizabeth E. Kraetsch, C. M. Hawke, Carl P. Spaulding,'Ruth J. Nordquist, Florence Miller Fortner, Robert D. Spurgeon, Mark Stawisky, C. L. Rachford,, J. D. Jones, Kenneth V. Todd, J. H. Johnson, Gerschen L. Schaeffer, Richard P. Kratz, Ethelyne E. McCarty, H. Brian Proctor, George Konheim, Marian J. Anderson and Louise A. Senger, personally known, to them to be the same persons described in and whose names are subscribed to the within and annexed Instrument as lessees of trailer park spaces. Parties thereto, execute and deliver the same, and they acknow- ledged to said affiants that they executed the same; and that said affiants subscribed their names thereto as Witnesses. WITNESS my hand and official seal. ................................................... �.� OFFI., Al SEAL LAJ-,A LIGIOS E NOTARY PUBLIC CALIFORNIA: C.P, NGE COUNTY 1A C.:m;;r:L-:ior. :......................... E.%pires April 3, 1975 ............ ................... Notary Public in:and for said State tex ei 1770 West Balboa Boulevard, more particularly described as a portion of Lot 4, Section 33, Township 6 South, Range 10 West, City of Newport Beach, County of Orange, State of California. V u V F /++f �I O 0 D D 0 EXHIBIT "B" C NEWPORT MARINAPARK RULES AND REGULATION The following Rules and Regulations are established pursuant to Paragraph 13 of the Newport Marinapark Master Lease Agreement. 1. FIRES. Open fires on the beach area adjacent to Marinapark are prohibited. 2. TRAFFIC. All drivers are required to observe the traffic regulation signs posted in the Park. The maximum speed limit for any vehicle is 10 MPH. 3. PARKING. Each tenant shall park in the space assigned to him. Registered guests of the tenants shall park only as follows: (Tenants should inform their guests of Parking Regulations and TOW -AWAY signs). A. Registered guests' parking area B. On the street C. In the parking space of the tenant they are visiting D. All guests must register, on arrival, at the office for Parking Permits. 4. NOISE. No unnecessary noises (loud radios, televisions, etc.) between the hours of 10:00 p.m. and 8:00 a.m. No disturbing noises at any time. 5. MOTORCYCLES, POWERED SCOOTERS, SKATE BOARDS, ROLLER SKATES AND BICYCLES. No Motorcycles, Powered Scooters, Skate Board or Roller Skates allowed to be used within Marinapark at any time or any place. Bicycles O.K. on rear drive only. 6. CONSTRUCTION. Construction, either by tenants or their contractors, is prohibited on Sundays and holidays and is permitted on other days only between the hours of 8:00 a.m. and 5:00 p.m. During and on completion of construction tenants shall EXHIBIT "C" be responsible for the following: A. Construction must meet with all uniform building codes - State, County and City. B. Removal of waste products (lumber scraps, saw dust, etc.) ' C. Maintaining their leased areas in a clean and sanitary condition. D. Stopping any excessive noise caused by con- struction machinery-- (Unmuffled gasoline engines, smoke or fumes, etc.) 7. LAWNS AND PATIOS. Tenants shall not leave water hoses, beach toys, surf boards, bicycles, etc., on the grass or patio areas. 8. SAND. Tenants and guests are required to wash sand off their bodies and bathing suits before entering showers, ' rest rooms or landry. facilities. Do not use lawn hydrants to wash sand off. An outside shower is provided for this purpose ' and is located opposite the ladies rest room. 9.. RESTROOMS AND LAUNDRY ROOM. These conveniences in Marinapark are maintained as a part of your home. Your cooperation in keeping them clean and sanitary is expected. washing and drying hours are 7:00 A.M. to 7:00 P.M. Clogged drains, defective dryers, etc., or any irregularities should immediately be reported to the Management. All facilities must be left clean after use. Clothes shall be removed from the laundry lines as soon as they ' are dry. Responsibility for maintenance of private utilities rests with tenants. 10. CHILDREN. Children under six (6) years of age are not permitted in service rooms, toilets or showers unless accompanied by an adult; also children in this age group are prohibited from playing in and around these areas. Children, under eightees (18) years of age,.shall not be left unattended in trailer or trailer space. An adult must be in attendance at all times. -2- 11. SHRUBS. Tenants are responsible for weed removal and maintenance of flowers and other shrubs in their own spaces. Use of the area under trailers for storage purposes is prohibited. 12. PETS. No pets are allowed in Marinapark. Instruct your guests not to bring dogs or cats with them when they visit you. 13. PHONE CALLS. Check your mail box daily for any phone messages. They will not be delivered to trailers, except in extreme emergencies. 14. TRAILERS. Trailers are to be equipped with wheels and tires; also current license plates and license stickers as required by State law. 15. GARBAGE AND TRASH. All garbage and refuse must be separated and placed in proper containers provided by the Park for this purpose. Put trash only in the large bins. If you have fish to dispose of put in Garbage Pail and notify Management that is on duty. 16. MARINAPARK BUSINESS HOURS. 8:00 A.M. to 12:00 P.M. and 1:00 P.M. to 5:00 P.M. weekdays. Weekends and holidays our Attendant will be on duty for your convenience. 17. VIOLATIONS OF LAW. Violations of law will not be tolerated. Violations by a tenant, or any guest of a tenant, will be deemed a breach of the lease agreement. 18. DOMESTIC HELP. Domestic help must not remain overnight except when tenant is in occupancy. 19. COMPLAINTS. Any tenant desiring to register a complaint with the office must put the complaint in writing and sign it in order for management to act upon the complaint. 20. GUESTS. All guests who are occupying trailers during absence of tenant must register at the office during business hours. Lessee agrees that the Park Manager has the right to determine whether the park facilities can accommodate all the tenants and guests in the Park and, therefore, may at -3- his discretion refuse a guest permission to stay. In no event will a guest be allowed to stay in the Park for an unreasonable length of time. 21. NEW CONSTRUCTION. All mobilehome cabanas, porches, skirtings, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the Park Manager before construction or installation. 22. MOBILEHOME WIDTH. No mobilehome, including cabana, shall exceed a width of twenty -four (24) feet. Land- scaping located adjacent to mobilehomes shall be limited to three (3) feet in height. 23. OUTSIDE APPEARANCE. Patio furniture and one storage cabinet are the only items permitted outside the trailer. No towels, bathing suits, rugs, wearing apparel or laundry of any description may be hung outside of trailers. 24. CHILDREN AND ADULT SECTION. Marinapark is divided into an adult section and a children's section as depicted in Exhibit "B" of the Lease Agreement. Permanent residency in the adult section is limited.to adults only. Children, persons under eighteen (18) years of age, are permitted in the adult section only as visitors and only on a temporary basis (not more than a few days at a time). Lessees shall not permit children to occupy the trailer or space hereby leased in the adult section except as hereinbefore specifically permitted. In the event one or more children become members of an individual Lessee's family during the term of this lease, if Lessee is located in the adult section, then this lease and all Lessee's rights hereunder shall terminate at the end of the month during which such event happens. 25. USE OF NAME OR ADDRESS OF PARK. This Park or its name or address shall not be used for the purpose of advertise- ment or sale of automobiles, trailers or merchandise, or for any other commercial purpose except with the specific written consent -4- of the lessor. 26. CALIFORNIA CIVIL CODE PROVISIONS RELATIVE TO MOBILEHOME PARK RESIDENCY. Pursuant to California Civil Code Section 789.9 you are hereby notified and advised of the follow- ' ing Civil Code Sections: " §789.5(a) Termination of Tenancy or other estate ' at will or lease in mobilehome park; notice; manner; waiver void ' (a) No tenancy or other estate at will or lease, however created on.or after the effective date of this section, in a mobilehome park may be terminated except upon the landlord's giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, to remove from the premises within a period of not less than 60 days, to be specified in the notice. No ' lease shall contain any provision by which the tenant waives his rights under this section, and any such waiver shall be deemed contrary to public policy and shall be unenforceable ' and void. However, any lease may provide that the tenancy may be terminated upon the landlord's giving notice in writ- ' ing to the tenant, in such prescribed manner, to remove from the premises within a period of more than 60 days, to be ' specified in the notice." ' " §789.6 Restriction on termination of tenancy, etc, in mobilehome park; space for purchaser of mobilehome from owner of park ' Notwithstanding the provisions of Section 789.5, a tenancy or other estate at will or lease in a mobilehome ' park may not be terminated for the purpose of making the tenant's space in the park available for a person who purchased a mobilehome from the owner of the mobilehome park or his ' agents." " §789.7 Fees ' The owner of a mobilehome park or his agents shall not -5- charge any fees to tenants other than charges for rent, utilities, or incidental reasonable service charges." " §789.8 Mobilehome park; entry charge or transfer or selling fee; prohibition There shall be no .entry charge as.a condition of tenancy in a mobilehome park, nor shall there be any transfer or selling fee as a condition of sale of a mobilehome within a mobilehome park, even if such mobilehome is to remain within ' the park, if the park management performs no service in the sale of the mobilehome." These Rules and Regulations may be revised, amended or modified by lessor from time to time during the term of this lease or conditions warrant. Any such revision amendment or modification of these Rules and Regulations shall be effective when posted in the office of Marinapark. IL III 11 IU I❑ I❑ IF NEGATIVE DECLARATION for RENEWAL OF THE NEWPORT MARINAPARK LEASES prepared by ITHE CITY OF NEWPORT BEACH 1. Project Description. The project consists of the amendment and renewal of an existing lease between the City of Newport Beach and the lessees of all or part of fifty -eight (58) trailer park spaces in Newport Marinapark. The amendment of the lease ' will provide for a public walkway extending northerly from Balboa Boulevard along the easterly end of the park to the public beach adjacent to the Newport Bay. The amendment will further include the addition of a pedestrian /bicycle trail along the northerly side of the park adjacent to the public beach. 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. v The renewal of the existing leases per se 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, except for limited short -term impacts associated with the actual construction, have any significant adverse impacts. The renewal of these leases will preclude the public use of this property. However, there will be increased access to the ' shoreline. Furthermore, the renewal of the leases will preclude the necessity of relocating the residents of the trailer park and will increase city revenues. ' 4. Basis for Negative Declaration. ' This project has been carefully reviewed in conjunction with Sections 15081, 15082, and 15083 of the Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended. 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.