HomeMy WebLinkAboutMarina Park Mobile Home - 4ALESSEE INFORMATION
Lessee Space - Unit
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Space
Mailing Address:
E-mail
RECEIVED
JUN 13 2008
office of the
City Manager
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Billing Address:
Emergency Contact Name: ,r Ck C' 14�i1
Emergency #:
EXHIBIT 1-3
Bus. Fax#:
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MARINAPARK RECEIVED
1770 WEST BALBOA BOULEVARD
NEWPORT BEACH, CALIFORNIA 92663 'JUN 13 2008
RULES AND REGULATIONS Office of the
City Manager
These rules and regulations are part of the rental agreement between the CITY OF NEWPORT
BEACH, a municipal corporation and Charter City (City) and:
(Homeowner/Resident)
for space number in Marinapark. Please read the Rules and Regulations carefully and keep
them on file as they constitute a binding agreement between you and City.
PLEASE BE ADVISED: 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. As such, City Council intends to close the mobile home park no
later than March 15, 2005. It is important that this information be given to any prospective purchaser of
your mobilehome.
1. INTRODUCTION.
A. Our Rules and Regulations have been developed as a basis for good relations within
Marinapark. Because ours is an all -age park, it has unique conditions which must be recognized and
dealt with in a fair and reasonable manner, and applied and complied with on an impartial basis. The
spirit behind these guidelines is in the Golden Rule: "Do unto others as you would have others do unto
you." Thus, the basic rule and overarching requirement of tenancy is that each Resident adhere to a
promise of good faith toward others including a duty to:
(i) behave reasonably, respectfully, courteously and consistent with the rights of City and others;
(ii) do nothing to unreasonably or adversely affect City or others, such as disturbing the peace,
or creating any nuisance; and
(iii) do nothing which may unreasonably endanger anyone or other persons' property. This rule
and regulation, as well as all of the other rules and regulations apply to all Residents and guests.
B. Other Rules and Regulations and Documents. Other rules and regulations and documents are
referred to below and incorporated in our rental and lease agreements. Others are posted in the Park
or are on signs. These other rules, regulations and other documents and signs (as they way be
periodically changed) are incorporated in these Rules and Regulations by reference.
C. Reasonable and Lawful Interpretation and Application of Rules and Regulations: It is City's intent
to interpret and apply all Rules and Regulations reasonably and lawfully. If, for any reason, any portion
of these Rules and Regulations are unenforceable or interpreted in a manner which is unenforceable,
such events are strictly unintentional and in such case, such portion of the rules and regulations and
application thereof will be deemed deleted and cancelled without further action on our part; all
remaining rules will remain in full force and effect. The management will interpret and enforce these
Rules and Regulations in a reasonable manner.
D. Conflicts. If any of these rules are in direct conflict with the terms of any rental or lease
agreement, the terms thereof will prevail.
2. USE OF FACILITIES.
A. Tenants, residents and guests have the right to use the homesite and Park facilities only if they
comply with these Rules and Regulations and the other provisions of the Park's residency documents.
Park Management will attempt to promptly, equally and impartially obtain the cooperation and
compliance of all tenants and residents with respect to the Rules and Regulations and other conditions
of residency. Tenant recognizes, however, that Management's ability to obtain compliance is
dependent upon a number of factors, including the cooperation of all tenants, residents and their
guests. Tenant agrees, therefore, that the enforcement of the Rules and Regulations and conditions of
MARINAPARK RULES AND REGULATIONS Page 1
tenancy aro a private matter between Management and each tenant and resident individually. Tenant
agrees that tenant is not a third party beneficiary of any other agreement between City/Park
Management and any other tenant or resident in this Park. In other words, this agreement is not for the
benefit, enjoyment or protection of any other tenants, residents or guests. Similarly, no other rental
agreement and rules and regulations entered into with other tenants in the park are intended for the
benefit, enjoyment or protection of Tenant.
B. OCCUPANCY RESTRICTIONS. No more than two (2) persons per bedroom plus one (1) additional
person per mobilehome, may regularly occupy the mobilehome and the space. All bedrooms in the
mobilehome must have an unobstructed exterior window or door large enough to allow an exit in the
event of fire or other emergency. A "bedroom" refers to the originally designed sleeping rooms as
specified by the manufacturer of the mobilehome and as specified by state law or regulation respecting
mobilehome occupancy. For example, rooms without closets, porches, decks and awning or patio
enclosures are not bedrooms. Vehicles and storage sheds may not be used for sleeping rooms.
3. PARK PERSONNEL.
A. City shall be represented by Park Management, including a Resident Manager, who is vested
with all the legal right and authority to enforce the Rules and Regulations. The Resident Manager has
no authority to enter into any verbal agreement, understanding, or to make exception, or approve any
arrangement inconsistent with the rules and regulations and rental agreement.
B. The Resident Manager is not authorized to consent or agree to, nor acquiesce in exceptions,
special arrangements, or to waive compliance with the rental agreement or rules and regulations. Park
employees are prohibited from receiving any notices, mail, service of process, gratuities, deliveries or
packages (in particular mail or parcel post) or other property from anyone for safekeeping, storage or
any purpose on behalf of any resident or guest. Resident Manager shall do no work in or around your
mobilehome or the premises except as needed to fulfill park management duties. In the event that
resident seeks to have such work done or services performed (beyond the scope of management
duties), Resident should seek independent contractors and managements is released from all
responsibility and liability therefor. Management shall not refer to contractors for such work.
Accordingly, resident releases the City, agents, employees and representatives for any defects, faults,
failures, with respect to any work or services provided by Resident Manager as to resident's
mobilehome, accessory structures, equipment, appliances, or landscaping. This release includes all
actions, disputes, controversies, claims, demands, injuries and property damage which relate to such
work or services.
C. The Resident manager has no authority to represent or give opinions about mobilehome values,
quality, utility, condition or merchantability: please consult your dealer or broker. Telephone numbers
for the Resident manager, when not in the office, are posted.
D. Acceptance of rent by the Resident Manager shall not reinstate a tenancy after breach or
termination on proper notice, and shall not create a tenancy where such payment is made by a
prospective purchaser or resident, dealer or other person for a space; any such payment received shall
be deemed, respectively, as payment in mitigation of damages for rental value until surrender of
possession of the premises, payment on behalf of the prior resident in order to retire past debt or for
purposes of maintaining bare custody of the payment pending approval of receipt by the City.
4. ALL -AGE COMMUNITY.
A. The Park is an all -age community with no minimum age requirements for residents. Any
regulations which result in differential treatment based on age merely implement existing law or
regulations or health and safety rules to avoid risk of injury, danger or harm which can be avoided by
reasonable care of parents or adult custodians. Management will not at any time unlawfully administer,
enforce or express any preference with respect to existing or prospective tenants, residents, or guests
based on any protected class status as defined under such laws. No such unlawful activity by other
persons whether residing in or doing business in the community or otherwise is permitted; any unlawful
discrimination known or reasonably suspected may be reported to appropriate government authorities
for prosecution. WE COMPLY DO BUSINESS IN ACCORDANCE WITH THE STATE AND FEDERAL
FAIR HOUSING LAWS. IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF
MARINAPARK RULES AND REGULATIONS Page 2
RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, HANDICAP OR DISABILITY, FAMILIAL
STATUS, SOURCE OF INCOME, NATIONAL ORIGIN, ANCESTRY OR FOR ARBITRARY REASONS
UNDER STATE LAW - DISCRIMINATORY ACTIONS OF THE MANAGEMENT, HOMEOWNERS,
RESIDENTS, GUESTS OR OTHERS MAY BE REPORTED TO CITY'S AGENTS, OR THE
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING. MANAGEMENT WILL NOT AT ANY TIME
UNLAWFULLY ADMINISTER, ENFORCE OR EXPRESS ANY PREFERENCE WITH RESPECT TO
EXISTING OR PROSPECTIVE RESIDENTS, RESIDENTS, OR GUESTS BASED ON ANY
PROTECTED CLASS STATUS AS DEFINED UNDER SUCH LAWS. NO SUCH UNLAWFUL
ACTIVITY BY OTHER PERSONS WHETHER RESIDING IN OR DOING BUSINESS IN THE
COMMUNITY OR OTHERWISE IS PERMITTED; ANY UNLAWFUL DISCRIMINATION KNOWN OR
REASONABLY SUSPECTED MAY BE REPORTED TO APPROPRIATE GOVERNMENT
AUTHORITIES FOR PROSECUTION.
B. Any regulations which result in differential treatment based on age merely implement existing
law or regulations or health and safety imperatives to avoid risk of injury, danger or harm which can be
avoided by reasonable care of parents or adult custodians. Such rules and regulations as contained
herein, and other policies of the management expressed in any writings, posted signs, memos, notices
or otherwise, have been based on consultation with legal counsel for compliance; in the event that any
such policy is ruled or challenged as being or having become unenforceable or void based on legal
interpretations, rulings or complaints, management may on receiving notification of the existence of
such a dispute, omit, delete or rescind operation thereof without further notice and without inference or
implication of fault or wrongdoing. Management will not at any time unlawfully administer, enforce or
express any preference with respect to existing or prospective tenants, residents, or guests based on
any protected class status as defined under such laws.
5. GUESTS.
A. All guests must register with Park Management if they stay with Resident more than a total of
twenty (20) consecutive days or a total of thirty (30) days in a calendar year (hereinafter "grace
period"). Each guest must complete an application for tenancy, be approved by Park Management and
execute all other residency documents before any additional person, other than the ones listed on the
last page of the rental agreement, shall be permitted to reside with a resident for a period greater than
the grace period.
B. Resident agrees to acquaint all guests with the conditions of tenancy of the Park, including, but
not limited, to the Park's Rules and Regulations. Resident is personally responsible for all the actions
and conduct of Resident's guests.
C. Park Management reserves the right to determine whether the Park's recreational and other
facilities can accommodate all the residents and their guests; therefore, Park Management may refuse
any guest access to said facilities if the guest's presence would reasonably detract from the use and
enjoyment of these facilities by other residents and guests who are then using the facilities.
D. A guest is permitted to use the recreational facilities only while accompanied by a resident.
E. If Resident will not be present, then no guests may occupy or otherwise use Resident's
mobilehome without Park Management's consent. If a guest has received approval by the Park, such
guest may be permitted to occupy Resident's mobilehome and to use the Park's recreational facilities.
6. MOBILEHOME STANDARDS.
A. Mobilehomes. To insure architectural compatibility, construction and installation standards, all
mobilehomes (other than those already existing in the Park) must be of the current model year or never
previously occupied, must be approved by Park Management, and must have detachable hitches.
B. Mobilehome Sizes. All mobilehomes shall conform in size to the requirements of the homesite
on which they are placed as established by Park Management. Placement of mobilehomes shall be
determined by Park Management.
C. Accessory Equipment and Structures. The installation of all appliances, accessory equipment
and structures on incoming mobilehomes shall be completed within sixty (60) days of the date Tenant
signs the rental agreement or first occupies the mobilehome, whichever is earlier.
(1) Building permits, licenses and other similar permission from government or quasi -
governmental bodies or agencies must be obtained, if so required, before any installation
MARINAPARK RULES AND REGULATIONS Page 3
or construction of certain accessory equipment and structures. All such equipment and
structures must comply with all federal, state and local laws and ordinances.
(2) Prior to commencing a new installation of or a change in accessory equipment and
structures or a change in any appliance which is to be connected to the gas, electric or
water supply, Resident shall submit for Park Management's approval a written plan
describing in detail the accessory equipment and structures which Resident proposes to
install or change.
(3) Any accessory, equipment or structure not in compliance with the Park's residency
documents shall be removed by Resident within ten ( i 0) days of receipt of written notice.
(4) If Resident does make a change in existing accessory equipment, the standards for
incoming mobilehomes must be met, and all work shall be completed within sixty (60)
days of approval.
(5) Resident is cautioned that there are mobilehomes and homesites in the Park which
contain accessory equipment and structures which no longer conform with present Park
standards and regulations, nonetheless, Resident may not assume Resident's plans will
be approved because the plans conform to accessory equipment and structures existing
on other mobilehomes or homesites.
D. Standards for Accessory Equipment and Structures. Conditions for specific equipment and
structures are as follows:
(1) THE PARK HAS A LIMITED ELECTRICAL AMPERAGE CAPACITY. THEREFORE,
RESIDENT IS RESPONSIBLE FOR ENSURING THAT RESIDENT'S MOBILEHOME
AND APPLIANCES ARE COMPATIBLE WITH THE PARK'S ELECTRICAL SYSTEM.
CITY MAY REQUIRE REMOVAL OF ANY APPLIANCES (INCLUDING, BUT NOT
LIMITED TO, AIR CONDITIONING UNITS) THAT, IN CITY'S REASONABLE
DISCRETION, ADVERSELY AFFECT THE UTILITY SYSTEMS OF THE PARK.
RESIDENT IS RESPONSIBLE FOR MAKING SURE THAT THE MOBILEHOME AND
ALL APPLIANCES AND EQUIPMENT ARE COMPATIBLE WITH THE ELECTRIC
SERVICE NOW AVAILABLE, AND CITY SHALL HAVE i NO LIABILITY OR
RESPONSIBILITY IF THE AVAILABLE ELECTRICAL SUPPLY IS INCOMPATIBLE OR
INSUFFICIENT. RESIDENT IS RESPONSIBLE TO MATCH THE RATING FOR THE
MOBILEHOME TO THE SERVICE PROVIDED AT THE PEDESTAL AND NOT EXCEED
IT. RESIDENT WARRANTS THAT THE MOBILEHOME SHALL NOT EXCEED SUCH
RATING. RESIDENT RELEASES CITY FROM FAILURE TO COMPLY WITH THE
AMPERAGE RATING OR EXCEEDING AVAILABLE SERVICE. THIS RELEASE IS NOT
INTENDED TO RELEASE CITY FROM CITY'S WILFUL MISCONDUCT OR ACTIVE
NEGLIGENCE, BUT ONLY TO THE EXTENT ALLOWED BY LAW. RESIDENT SHALL
FORBEAR FROM CONSUMING MORE AMPERAGE THAN THE EXISTING RATING
FOR THE HOMESITE, TO AVOID DAMAGE TO CITY'S PROPERTY AND TO THE
PROPERTY OF OTHERS.
(2) 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, RESIDENT
SHALL "DE -AMP" (REDUCE THE RATING FOR) THE MOBILEHOME OR
DISCONTINUE EXCESS DEMAND TO ENSURE AGAINST ANY OVERLOADING OR
CAUSING ANY DISRUPTION IN SERVICE. CITY SHALL HAVE NO LIABILITY OR
RESPONSIBILITY TO RESIDENT IF THE AVAILABLE ELECTRICAL SUPPLY IS
INSUFFICIENT OR INCOMPATIBLE. RESIDENT 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
RESIDENT'S OBLIGATIONS UNDER THIS AGREEMENT.
(3) PLEASE READ CAREFULLY! FROM TIME TO TIME, THE SERVING PUBLIC UTILITY
WILL SUFFER OR CAUSE POWER FLUCTUATIONS, OUTAGES AND SURGES TO
THE PREMISES. SUCH VARIANCES MAYBE CAUSED BY MANY FACTORS: storms.
wind, heat, ice, and climate factors are common causes. Additionally, high power
demand during heat waves and other times of unusually high demand may overburden
MARINAPARK RULES AND REGULATIONS Page 4
electric cables, transformers, and other electrical equipment of the utility supplier.
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 CITY IS NOT RESPONSIBLE FOR
THE DISRUPTIONS, OUTAGES, SURGES, OR OTHER IRREGULARITIES IN THE PROVISION OF
ELECTRICAL SERVICE TO THE PREMISES WHICH ARE CAUSED BY UTILITY SUPPLIER.
RESIDENT AGREES THAT CITY IS FULLY AND UNCONDITIONALLY RELEASED AND
DISCHARGED FROM ANY AND ALL LIABILITY WHICH ARISES ASA RESULT OF THE ACTS AND
OMISSION OF THE UTILITY SUPPLIER. IT IS THE RESPONSIBILITY OF THE RESIDENT,
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, RESIDENT HAS THE
RESPONSIBILITY TO TAKE THE FOLLOWING PRECAUTIONS:
E. Resident has the responsibility, always, TO USE SURGE PROTECTORS FOR THE
PROTECTION OF RESIDENT'S PROPERTY, especially for computer equipment, stereo equipment,
radios and other electrical 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.
F. 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.
G. 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.
H. Check the neighborhood to see if others have their power. If they do, the problem may be a
"tripped" circuit breaker.
I. IT IS RECOMMENDED THAT RESIDENT 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.
J. With respect to the provision of any services or facilities (including utilities) to homeowner, 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 City's reasonable control, will excuse performance of these obligations for a time period
equal to the delay. Resident will remain responsible, without abatement or reduction, for the rent,
utilities, and other charges to be paid per the terms of this Agreement. City will use reasonable efforts
to reinstate or repair any services or facilities, including utilities, which have been interrupted as set
forth hereinabove. If Resident feels that City is not using reasonable efforts to reinstate such services
or facilities, Residents shall mediate the matter pursuant to the agreement or paragraph contained
herein entitled "mediation and reference of disputes" if and only if Residents 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. City 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. Air Conditioners. Electric air conditioning units are prohibited due to limitations upon the
acceptable loads to the electrical facilities within the Park; therefore, only gas air conditioning units and
evaporative coolers are permitted. Pre-existing units in place on service of these rules and regulations
are permitted as a prior non -conforming use. Prior to the installation of or replacement of any air
conditioning unit, Resident must obtain written approval from City before installation contingent on
acceptable type, size, and location; (b) existing amperage capacity; and, (c) units must be energy
efficient and to be wired directly into home's electrical system. In addition, any air conditioner installed
in a mobilehome must be in good operating and must not make excessive noise that will be disturbing
to any other resident. Condensation accumulation from any air conditioner must be piped away from
the mobilehome and not be allowed to fall onto the ground beneath the mobilehome.
MARINAPARK RULES AND REGULATIONS Page 5
L. Porches and Patios. Porches and patios are required and must be constructed under permit and
meet the appropriate governmental building codes. Porches must be of an approved material matching
the exterior material of the mobilehome.
M. Steps All steps must be of good manufactured quality and sidefaced to match the mobilehomes
exterior. Steps must have approved handrails, as required by law. The temporary steps provided by the
mobilehome dealer must be removed from the homesite no later than sixty (60) days from the date the
mobilehome is moved into the Park.
N. Skirting and Awnings. Skirtings and awnings are required on all mobilehomes. All textured
materials and color must coordinate with the mobilehome All awnings must be painted or be of
anodized aluminum or steel and must be of an approved manufactured type. Skirting may be of Alcan,
masonry or other approved material, which matches the siding of the mobilehome.
O. Siding. All mobilehomes must have exterior siding that is either Alcan, painted or stained wood,
masonite, or horizontal, house -type siding. All colors must be approved by Park Management
P. Roofing. All roofing materials on carports and storage sheds, as well as replacement roofs on
mobilehomes, must be non -glare aluminum, composition asphalt shingles or tile.
Q. Rain Gutters. All mobilehomes must be fitted with rain gutters and with down spouts which
extend to the ground and drain water to the street.
R. Free Standing Structures Prohibited. No free standing structures are permitted on or near the
homesite, including but not limited to a storage buildings
S. Fences No new fence may be erected on Resident's homesite.
T. Antennas. No exterior antennas are allowed unless prior written approval is obtained from Park
Management."Antennas" includes satellite dishes, microwave dishes and devices, HAM radio or other
radio antenna, and any device attached or placed in any location on the space. The placement on a
manufactured home or leased homesite of a dish designed to receive broadcast satellite service or
other video programming services (referred to as a "satellite dish") is permitted if the dish is one meter
diameter (39 inches) or less as follows: such a satellite dish or a television antenna must be located to
the rear of the space and attached to the rear or side of the home, so as to be minimally visible from
the street without unreasonable degradation of reception. An antenna or dish shall be painted to blend
with its surroundings, and attractively shielded from view with landscaping to the extent feasible. In all
instances, the satellite dish must be securely affixed and placed in a manner that will not constitute a
hazard. Satellite dishes larger than one meter in diameter are prohibited. Height as per FCC guidelines
shall prevail. Residents are strongly urged to rely on indoor antennas, cable or master antenna
distribution rather than install visible outdoor antennas. Residents are advised before spending money
on an a satellite dish antenna that such an antenna may later be prohibifed if management is
subsequently permitted to do so.
U. Flagpoles No permanent flagpoles are permitted. only small flagpoles, which are four feet (4) in
length or less and are designed to be mounted on the front of the mobilehome, are allowed.
W. Special Standards In order to maintain the aesthetic beauty of the Park, Park Management
retains the right to impose additional standards an those Residents who have corner homesites or
homesites in unique locations.
X. Clothes lines are absolutely prohibited from being placed on the homesite.
7. LANDSCAPING.
A. Landscaping of unlandscaped homesites or changes to existing landscaping shall be completed
within ninety (90) days of the date Resident signs the Park's rental agreement or first occupies the
mobilehome, whichever is earlier. City will cut grasses, in certain locations and from time to time, and
such labor may occur on various portions of the homesite.
B. Prior to commencing any landscaping, including changes to existing landscaping, Resident shall
submit a detailed landscaping plan to Park Management for approval. All changes made by residents
already residing in the Park must be completed within sixty (60) days of approval.
C. The following general landscaping standards are provided only to assist Residents in their
preliminary planning:
(1) Only live plants may be used.
(2) Evergreen grasses, ground covers, flowers and small shrubs are generally acceptable, and
Resident is encouraged to install and maintain same.
MARINAPARK RULES AND REGULATIONS Page 6
(3) Resident shall not, unless authorization is given by Park Management, remove any plants
upon Resident vacating the Park.
(4) Park Management expressly prohibits the use of any manures or odorous chemical
fertilizers.
(5) Waterfalls, statuary and other forms of decor are prohibited.
(6) Some form of planted ground cover, acceptable by Park Management, is required.
(7) Wood bark and chips are permitted with an underlining of black plastic for weed control.
(8) To avoid damage to underground utilities, Resident must have Park Management's consent
before digging or driving rods or stakes into the ground. Resident shall bear the cost of repairs to any
utilities or Park property damaged by Resident.
(9) The existing drainage pattern and grading of the homesite may not be changed without Park
Management's consent. Resident is responsible for maintaining the homesite so that water does not
accumulate or stand under the mobilehome or on the Homesite. Water on the homesite is required to
drain off the homesite in a fashion as to avoid runoff onto another mobilehome space. Resident 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 for a mobilehome must contain sufficient openings as
to prevent accumulation of water on the space or under the mobilehome.
(10) Resident warrants to maintain the mobilehome and areas under the mobilehome and space
free of and from mold. Resident 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 they're potentially harmful. Regardless of the type of mold found, a home containing
mold is not essentially a healthy home. 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
D. All landscaping, including, but not limited to, shrubs, vines, bushes and lawns, shall be well
maintained. Such maintenance shall include, but not be limited to:
(1) The frequent, at least once each week, mowing of any lawns.
(2) Homesite shall be kept free of weeds and debris at all times.
(3) The trimming of all shrubs, vines and bushes in a manner that maintains an attractive shape
and prevents such plants from blocking a neighbor's view or from being excessively high or brushing
against a neighbor's mobilehome or awning.
(4) No landscaping which is higher than three feet is permitted. The trimming and
maintenance of all trees and shrubs in a manner that prevents them from developing a root structure
that causes cracking or buckling or otherwise interferes with the streets, driveways or other community
facilities and from becoming a specific hazard or health and safety violation. "Specific hazard" is
defined as a clear and present danger of bodily injury or property damage. Resident represents that
there are no specific hazards or health and safety violations which result from the condition of any tree
on or partially on or over the homesite as of the date of the delivery of these rules and regulations;
Resident will provide a separate written statement attached to the rules and regulations if the foregoing
material representation by the Resident is not correct. No new trees may be planted.
(5) Resident may not remove trees from the homesite without management's written consent.
(6) When vacationing or absent for any other reason, it is the responsibility of the Resident to
arrange for someone to water and to maintain the homesite.
8. GENERAL MAINTENANCE OF HOMESITE.
A. Storage. Storage of anything beneath, behind or on the outside of a mobilehome or a
recreational vehicle is prohibited. This includes, but is not limited to, storage of boxes, trunks, wood,
pipe, bottles, garden tools, mops, ladders, paint cans or any item which is unsightly in appearance.
(1) only outdoor patio furniture and barbecues approved for use by Park Management (such
approval shall not be unreasonably withheld) may be used on the patio, porch, yard or other portions of
MARINAPARK RULES AND REGULATIONS Page 7
the homesite.
(2) No towels, rugs, wearing apparel or laundry of any description may be hung outside of the
mobilehome or recreational vehicle at anytime. No aluminum foil, sheets, blankets, plywood, paneling,
newspaper, shopping bags, paper material, paint or other material not designed as a window covering,
shade or screen may be used as insulation on windows or as window coverings in any location in or on
the mobilehome.
B. Dangerous Materials. Anything which creates a threat to health and safety shall not be permitted
on the homesite. No flammable, combustible, or explosive fluid, material, chemical or substances
(except those customarily used for normal household purposes which shall be properly stored within
the mobilehome and/or storage building) may be stored on the homesite and then only in quantities
reasonably necessary for normal household purposes.
C. Concrete. All concrete, asphalt and other surfaces shall be kept clean and maintained free of oil
and all other sticky or oily substances.
D. Exterior Painting. The exterior paint on Resident's mobilehome, accessory structures and
equipment shall be properly maintained. Proper maintenance shall include, but not be limited to, the
repainting of the exterior whenever the paint begins to fade, peel, flake, chip or deteriorate in any other
manner that detracts from the aesthetic beauty of the Park. Written approval must be obtained from
Park Management prior to any painting. Any change in color requires advance approval of Park
Management.
E. Damage: If any portion of the exterior of the mobilehome or any accessory equipment,
structures, or appliances or the homesite are damaged, the damage must be repaired or replaced
within thirty (30) days. This includes, but is not limited to, damage to the siding, awning supports,
downspouts, skirting, porch or storage shed. If a Resident's mobilehome has not been repaired,
reconstructed, or restored within a reasonable time after work has been commenced on it, the Resident
shall remove the mobilehome from the Park at his expense. If the Resident fails to do so within ten (10)
days after Park Management gives him written notice to remove the mobilehome, the actual cost of
such removal shall be immediately due and payable to Park Management. Upon such removal, the
Agreement under which Resident occupies the homesite shall terminate, unless Resident gives Park
Management sixty (60) days' written notice. In the interim, Resident shall continue to be bound to
perform all his promises and obligations under this Agreement.
F. Utility Pedestals. The utility pedestals (water and utility hookups) must be accessible at all times.
If one of the Park's water shut-off valves is located on Resident's homesite, it must be kept uncovered
and accessible at all times. Resident shall not connect, except through existing electrical or natural gas
outlets or water pipes on the homesite, any apparatus or device for the purposes of using electric
current, natural gas or water.
G. Licenses. All mobilehomes and recreational vehicles within the Park must bear a current license
and decal issued by the appropriate agency of the State of California.
H. Advertisements. All exterior advertising flags, including, but not limited to, for sale signs, open
house signs and garage sale signs, are prohibited. However, Resident may place a sign in the window
of the mobilehome, on the side of the mobilehome or in front of the mobilehome facing the street
stating that the mobilehome is for sale or exchange. Such sign shall not exceed twenty-four inches
(24") in width and thirty-six inches (36") in height, and such sign shall state only the name, address and
telephone number of the City of the mobilehome or Resident's agent.
L Garage and Trash Disposal. Garbage must be wrapped and, with other refuse, must be placed
in plastic trash bags and kept inside the mobilehome or storage shed until deposited in the designated
disposal bins.
(1) Sanitary and health laws must be obeyed at all times.
(2) Combustible, noxious, or hazardous materials should be removed from the Park and not
placed in bins. Resident shall not keep, maintain or allow in any place in your mobilehome, on your
space, in a storage shed or elsewhere in the Park any hazardous materials in excess of the quantities
required for normal household use. Additionally, Resident shall not engage in any activity in the Park
which causes an environmental hazard or violates any law relating to environmental protection,
hazards and other similar laws. This includes, but is not limited to, changing or adding any automotive
fluids in any common area of the Park. Furthermore, you may not allow any environmentally
hazardous substance including, but not limited to, toxics, cleaning fluids, oil, grease, or any substance
MARINAPARK RULES AND REGULATIONS Page 8
defined as environmentally hazardous to be placed on any surface area in the Park. Resident shall not
allow such substances to be disposed of anywhere in the Park,. including, but not limited to, trash cans,
trash bins, surface areas, the sewage disposal system, or any other trash or garbage or disposal area
in the Park. Such substances must be physically removed from the Park and disposed of elsewhere in
compliance with law. In addition to other remedies allowed by law, Resident shall indemnify, defend
and hold the Park harmless for any such environmentally hazardous activity including any
compensatory damages, statutory damages, punitive damages, or attorney's fees sustained by the
Park as a result of Resident acts or omission. Resident shall also be required to reimburse the Park for
any actual attorney's fees, litigation expenses, and costs incurred in defending any action against the
Park as a result of any environmentally hazardous activity in the Park.
(3) Lids on the disposal bins are to be kept closed. At no time must bins be so loaded with
landscaping and pruning matter or other materials as to render the disposal of garbage impossible by
other Residents.
(4) Materials must not be left outside of the bins. Bringing trash from outside the Park to dump in
the Park's disposal bins is not permitted.
(5) Trash will be picked up periodically by the local refuse hauler.
9. ENTRY UPON RESIDENT'S HOMESITE.
Management shall have a right of entry upon the homesite for maintenance and inspection of utilities,
for maintenance and inspection of the homesite to ensure compliance with the rules and regulations or
where the Resident fails to maintain the homesite in accordance with the Rules and Regulations, and
for the protection of the Park at any reasonable time. Management will not do so in a manner or at a
time which would interfere with the occupant's quiet enjoyment. Park Management may enter a
mobilehome without the prior written consent of Resident in the case of an emergency or when
Resident has abandoned the mobilehome.
10. PARKING.
A. Only two (2) passenger cars may be parked on the driveway portion, if provided, of Tenant's
homesite and not on any other location of the homesite. Parking is limited to the areas designated for
the homesite only. The parking of more than one (1) passenger car requires special written permission
of Park Management. Any vehicle parked in Resident's driveway may not extend beyond the front of
the Resident's mobilehome.
IMPORTANT NOTICE: All required "No Parking" Signs authorizing the towing of vehicles parked in
violation of the rules and regulations are posted. In .the event a vehicle in the park is parked in
violation of these rules and regulations, management may tow the vehicle out of the Park at the
vehicle owner's expense. Management is permitted to do so in accordance with the California
Vehicle Code without further/additional warning or notice to the vehicle owner. You are especially
cautioned to carefully review all bold print provisions of the parking regulations set forth below.
B. Each homesite is assigned designated parking spaces for the parking of Resident's passenger
vehicles. All vehicles defined as "other vehicles" (or passenger cars in excess of two (2) in number)
must be parked outside of the Park.
(1) The term "passenger cars" specifically includes those vehicles commonly referred to as
sports cars, coupes, sedans, and station wagons and specifically excludes vehicles included within the
definition of "other vehicles".
(2) The term "other vehicles" includes pickup trucks over one (1) ton, campers, vans, buses,
trucks and other commercial vehicles of every kind and description, boats, trailers (except the
mobilehome occupied by Resident), dune buggies, motor scooters, minibikes mopeds and other two
and three wheeled motorized or self-propelled transportation. Any truck which is more than one ton,
inclusive of, without limitation, step vans, semi -tractors, tow trucks and stake -bed trucks, may not be
operated on community streets, nor therefore permitted at the homesite.
(3) If used by Resident on a daily basis, a pickup truck or van may, however, be substituted
for one of the two (2) permitted passenger cars, and the truck may be equipped with a camper body or
shell. The pickup truck or van may not, without Park Management's consent, be substituted for one of
the two passenger cars if it is equipped with exterior racks, storage containers or compartments or
other similar devices or contains tools or equipment which are mounted on the outside of the vehicle or
MARINAPARK RULES AND REGULATIONS Page 9
are otherwise visible from the street or adjacent mobilehomes.
(4) Notwithstanding anything contained herein to the contrary, one (1) motorcycle may be
parked on Resident's homesite if used by Resident on a daily basis. The permission to park a
motorcycle does not relieve Resident of the obligation to abide by all other rules and regulations
relating to motorcycles.
C. Vehicles parked on Resident's homesite may only be parked on the driveway, and not on the
landscaped or other areas of the homesite. Parking is not permitted on vacant homesites.
D. Two guest passes per space will be issued to allow guest parking. The pass must be displayed
and be visible by attaching it to the rear view mirror. Guests may only park in designated guest parking
spaces or on the host Resident's homesite. Because of the limited parking facilities, traffic congestion
and noise, Park Management reserves the right to restrict the number of guests bringing automobiles
or other vehicles into the Park.
E. Resident may not park in spaces designated for guests without Park Management's approval.
F. Unless otherwise posted or permitted by these Rules. and Regulations, no parking is permitted
on the streets of the Park, except that with prior written approval of Park Management, parking on the
street may be permitted for up to 48 hours on the street only in front of Resident's mobilehome for the
purpose of loading and unloading only.
G. No automobile may be "stored" on the homesite. "Storage" shall include, but not be limited to,
the parking of an inoperative vehicle for a period exceeding two (2) weeks, the parking of an operative
vehicle that is not used for a period exceeding four (4) weeks or the parking of more than one vehicle
for the purpose of selling those vehicles as part of a commercial activity. However, Residents may
leave their vehicle in their parking space when on vacation.
H. No permanent parking of trailers, trucks larger than one (1) ton or boats is permitted in the
driveways. Permanent parking shall include, but not be limited to, parking for a period exceeding
twenty-four hours (24 hrs.) or parking on the homesite or street more than five (5) times in any one
month, except for short periods (I hour) for loading and unloading.
11. MOTOR VEHICLES AND BICYCLES. i
A. No vehicle leaking oil or any other substances or fluids shall be allowed in the Park. Any car
dripping oil or gasoline must be repaired immediately.
B, No maintenance, repair or other work of any kind on any vehicle, boat or trailer (other than the
mobilehome Resident resides in) may be done on the homesite without Park Management's consent.
This includes, but is not limited to, the changing or adding of oil or any other automotive fluids..
C. Vehicles may only be washed outside of the Park.
D. For the safety of Park residents and their guests, no vehicle may be driven in an unsafe manner.
All traffic signs must be obeyed.
E. No vehicle may be operated in the Park by any person who is not properly licensed. All vehicles
operated within the Park must be registered and licensed for street usage.
F. All vehicles shall be equipped with mufflers or other necessary noise suppressing devices.
Excessively noisy vehicles are not permitted in the Park.
G. No dirt bikes or loud off-road vehicles are permitted within the Park.
H. Motorcycles, motor scooters, minibikes, mopeds or other two and three wheel motorized
vehicles entering or leaving the Park must be driven by the most direct route between the Park's
entrance and Resident's home and may not otherwise be driven on any other street in the Park.
Furthermore, all such vehicles shall be licensed street legal and driven by a licensed driver only.
I. Bicycles may only be driven on the roadways and not on sidewalks, grass, vacant homesites or
any other paved area. Bicycles must obey the same traffic regulations as cars.
J. If driven at night or at dusk, bicycles must be equipped with a light on the front and a reflector in
the rear. Compliance is required per California Vehicle Code 21212: person(s) under 18 years of age
shall not operate a bicycle, or ride upon a bicycle as a passenger unless that person is wearing a
properly fitted and fastened bicycle helmet that meet the standards of the American National Standards
titute or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling.
VSkateboard riding, scooters (motorized and push scooters), roller-skating and roller-blading are
t permitted in the Park.
L. Vehicles are not permitted in the Park unless they are regularly maintained in good operating
MARINAPARK RULES AND REGULATIONS Page 10
condition and are neat and clean in appearance. This includes, but is not limited to, vehicles whose
exterior appearance has deteriorated to a point where they are unsightly and detract from the
appearance of the Park, or vehicles which contain unsightly loads that are visible to other persons.
12. CONDUCT.
A. Actions by any person of any nature which may be dangerous, injurious, a nuisance, waste,
criminal activity such as trespassing, assault, battery, stalking, invasions of privacy, burglary, robbery,
inflicting distress, breach of quiet enjoyment, disturbing, molesting, annoying, conduct which is
obscene, conduct offensive to the senses or other tenants, profane, tortious, damaging, illegal (a
violation of any law, ordinance, regulation or statute), indecent, or which may create a health and safety
risk or unreasonable interference with the rights and privileges of others in the park is prohibited. This
includes, but is not limited to, any unusual, disturbing or excessive noise, intoxication, quarreling,
threatening, fighting immoral or illegal conduct, profanity, or rude, boisterous, objectionable or abusive
language or conduct. The use or display of any weapon, including but not limited to, a bow and arrow,
BB guns, slingshots, martial arts weapons, guns, paint guns, knives, fireworks, flares, other deadly
weapons are prohibited. Persons under the influence of alcohol or any other substance shall not be
permitted in any area of the Park which is generally open to Residents and their Guests.
B. Radios, televisions, record players, musical instruments and other devices must be used so as
not to disturb others. "Ham" or "CB" radios or other radio transmitters may not be operated in the Park.
C. Residents and their guests shall not encroach or trespass on any other resident's homesite or
upon any area which is not open for general use by residents and their guests. All Park property which
is not for the use of residents and their guests, including, but not limited to, gas, electric, water and
sewer connections and other equipment connected with utility services and tools and equipment of
Park Management, shall not be used, tampered with or interfered with in any way by Resident.
D. Except for barbecues approved for use by Park Management or fireplaces and other appliances
installed in Resident's mobilehome, no fires are permitted.
E. Residents and their guests rust be quiet and orderly and shall not be allowed to do anything
which might be cause for complaint. Residents must acquaint all guests and all occupants of the
mobilehome with the Park's Rules and Regulations. Residents are required to comply with California
law, including state penal code provisions regarding health and safety of children and other minors over
whom there is parental or custodial responsibility.
F. The homesite shall be used only as a site to locate, maintain and occupy a mobilehome for
private residential purposes. No business or commercial activity of any nature shall be conducted on
the Homesite. This prohibition applies to any commercial or business activity, including, but not limited
to, the following:
(1) Any activity requiring the issuance of a business license or permit by any governmental
agency. Any and all commercial or business activity is prohibited, including, but not limited to,
the following: any activity requiring the issuance of a business license or permit by any
governmental agency, any manufacturing or processing requiring the use of power tools,
chemicals, spray paints, machining, adhesives, or which creates noise, emits light, odors, fumes,
smoke or any particulate matter, requires pressurized vessels of any kind, utilizes any
flammable, poisonous or hazardous substance, which increases or results in any additional
traffic in the park, or increases or may increase or create dust, noise, or any odors or fumes,
requires waste disposal other than ordinary household waste disposal and volume, creates
emissions of any kind which are reasonably objectionable to others, or any acts, conduct, or
activity which is inconsistent with park zoning and conditional use permits, or which may affect
insurability of the park, available coverage, increase the cost of insurance, or expose the
management to liability, claims, demands, costs, or suits from any third party including any
governmental or other entity, agency, or organization.
(2) The leasing, subleasing (except as further provided herein), sale or exchange of
mobilehomes.
G. The violation of any law or ordinance of the city, county, state or federal government will not be
tolerated. No acts or demeanor shall be permitted which would place the Park Management in violation
of any law or ordinance. Resident is also financially responsible for insuring at all times that the
mobilehome, homesite, and improvements thereon comply with these Rules and Regulations and all
MARINAPARK RULES AND REGULATIONS Page 11
local, state and federal laws and regulations (the only exception is any of the Park's utility systems on
your space which are owned by us or a utility company so we or they are responsible for them). The
preceding includes, without limitation, such things as insuring that all required setbacks are met and
there are no encroachments as based on established use; that all building code and other similar
requirements are met; and that all building and other permits have been obtained. If any landscaping
on the homesite, including as planted by a former resident, causes any damage whatsoever to the
streets, curbs and gutters, driveways, utilities or any other property or improvements belonging to either
the Park or any of its residents, you are financially responsible for immediately removing the
landscaping and paying the full cost of repairing or replacing the damaged property or other
improvement.
13. COMMON FACILITIES.
A. Common areas are provided for the exclusive use of residents and their accompanying guests.
The restroom and shower facility is accessible to tenants with issued key.
B. No drinking of alcoholic beverages is allowed in any common area.
C. Screaming, running, horseplay and loud noises are not allowed in the common areas.
14. LAUNDRY FACILITIES: Laundry hours are posted. The laundry room is accessible to tenants
with issued key. These facilities will be closed from time to time at Park management's discretion for
cleaning and repairs. Washers, dryers, and all other laundry facilities are to be cleaned by Resident,
inside and out, immediately after use. Clothes are to be removed from dryers as soon as they are dry.
Dyeing may not be done in the washers. The laundry is to be left in a clean, neat and orderly condition.
Pet laundry may not be done in the washers. Those rules and regulations should also be carefully read
and understood.
A. Residents are required to: (1) mop up spilled water, spilled soap, bleach or other ingredients;
(2) report any malfunction of machines to Management as soon as possible; (3) not leave clothes in
laundry room overnight; (4) clean washing machines after use, remove lint from filters of dryers; and (5)
observe the rules adopted for the laundry room as they are incorporated herein and made part of these
Rules and Regulations. However, rules may be amended at the discretion of Management, upon
applicable notice.
i
B. Due to the risk of injury to small children posed by limbs getting caught in moving machinery,
the Consumer Safety Commission has recommended keeping small children away from laundry dryers
("These injuries are serious and at least 21 of the injuries have involved children. Four children and one
adult experienced the amputation of an arm. Other injuries have included 1 hand amputation, 2 finger
amputations, 20 fractured arms, 1 fractured finger, and finger/hand bruises and lacerations... -Traumatic
injury may result if a person's hand or arm is caught in a spinning laundry load. -Never Open Door
While Machine is Operating -Keep Children Away -Report Unsafe Machines" U.S. CONSUMER
PRODUCT SAFETY COMMISSION, WASHINGTON, D.C. 20207, CPSC DOC #5106) For these
reason, small children should not be permitted in the laundry room without the immediate supervision of
an adult Tenant.
16. PETS. Tenants are subject to the following rules: Advance written consent to keep a house pet in
the Park must be obtained from management. A house pet is defined as a pet that spends its primary
existence within the mobilehome. Management reserves the right to deny a pet if a proposed pet would
pose a threat to the health and safety of residents of the Park. No more than one (1) pet is allowed per
mobilehome.
A. The types of pet permitted are: dogs, cats, small birds, fish and other pets which can be kept in
an aquarium kept in the mobilehome at all times. Only medium-sized cats and dogs (which at maturity
do not exceed eighteen inches (18") in height, when measured at the shoulders when in a standing
position) or 25 pounds in weight, are permitted. Aggressive breeds of dogs (including, but not limited to,
pit bulls, rottweilers, doberman pinschers, whether full bred or in any part) are expressly prohibited.
B. Non -house pets (including farm animals) are prohibited under any circumstances. Illegal,
dangerous, poisonous, wild pets are not permitted.
MARINAPARK RULES AND REGULATIONS Page 12
C. After moving into the Park, a pet may not be acquired without written permission from the
management. Management must approve all pets before application to rent is accepted.
D. If a pet is lost or dies, written permission to acquire a new pet must be obtained from
management.
E. If any of the rules regarding pets is violated, and such violation is noted by management or a
valid complaint is made by another Resident, the Resident owner of the pet will receive an official
notice in writing stating that the right to keep a pet within the Park is terminated.
F. The following rules must be strictly followed by all pet owners:
1. Each pet must be licensed and inoculated in accordance with local law. Evidence of
licensing and inoculation as well as a picture of each pet shall be submitted to Park
Management within seven (7) days of receipt of written request for such information.
2. Pets must be on a leash when not inside the mobilehome.
3. Any pet running loose in the Park will be taken to Animal Control. Recurring violations of
this rule will lead to the loss of the privilege to maintain a pet.
4. Pets will not be allowed to cause any disturbance which might annoy neighbors,
including, but not limited to, barking, growling, biting or any other unusual noises or
damage. Under no condition is a pet to invade the privacy of anyone's homesite, flower
beds, shrubs, etc.
5. Pets are not permitted to be walked in the Park and should be taken off the premises
when exercising. If Resident's pet is allowed to exercise in Resident's yard or elsewhere,
all excrement must be picked up, wrapped in paper and placed in the trash immediately.
6. No exterior pet housing is permitted in the Park. This includes, but is not limited to, any
type of confining barricade or structure such as a cage, kennel, restraint or other device
or housing.
7. Guests are not permitted to bring any pet into the Park.
8. Feeding of stray cats and other animals is prohibited. Keeping any food outside the
mobilehome may attract strays and rodents and is therefore considered a nuisance and
prohibited.
9. The tying up of pets outside the mobilehome and leaving them unattended is prohibited.
10. If any pet causes any disturbance, annoyance or harm, injury or damage, or attempted or
threatened injury, distress, endangerment or damage, or annoyance or disturbance,
including without limitation, attacking, barking, growling, howling, lunging, threatening,
biting, or any disturbing, annoying, or unusual noises, permission to keep that pet will be
revoked and the Resident may be required to remove and relocate the pet from the
homesite and from the community within a period of seven (7) days as provided to
Resident in a written notice to be served on Resident in such event. Failure to comply
with management's demand for removal/relocation of the revoked pet is a rule and
regulation violation and shall constitute grounds for service of a seven (7) day notice to
comply with such demand.
17. ZONING AND CONDITIONAL USE PERMIT INFORMATION.
A. The nature of the zoning under which the Park operates is as follows: .
B. The date of expiration or renewal of any conditional use or other permits required to operate
the Park which are subject to expiration or renewal is as follows: The Park is not operating pursuant to
a conditional use permit which has an expiration date.
18. FIXTURES.
All landscaping and structures or other improvements permanently attached to or embedded in the
ground shall become a part of the realty upon their installation and belong to City. Upon Resident
vacating the homesite, such improvements shall remain upon and be surrendered with the homesite.
Park Management may, however, at its sole option, permit or require Resident to remove, at Resident's
own expense, said improvements. Resident shall repair any damage to the homesite caused by the
removal, including, but not limited to, the filling in and leveling of holes or depressions and shall leave
the homesite in a neat and uncluttered condition with the Park's original engineered grade intact.
MARINAPARK RULES AND REGULATIONS Page 13
19. SOLICITATION.
Throw -away newspapers, distribution of handbills and door-to-door selling or solicitation are not
permitted without Park Management's consent. All salespeople must make individual appointments with
the Resident concerned or interested.
20. PARK OFFICE AND COMPLAINTS.
Except in an emergency, please do not telephone or contact Park Management after normal business
hours. The Park's office phone is for business and emergency use only.
A. Except for emergencies, all complaints must be in writing and signed by the person making the
complaint.
B. All community business is conducted during off ice hours, which are posted.
C. Resident shall not request maintenance personnel to perform jobs for Resident, nor shall Resident
give instructions to maintenance personnel. All repair or maintenance requests shall be submitted in
writing to Park Management,
21. REVISIONS OF RULES.
City reserves the right to add to, delete, amend, and revise these Rules and Regulations from time to
time, as well as additional rules and regulations and hours posted in and about the recreational
facilities, as provided in Section 798.25 of the California Civil Code.
22, PARAGRAPH READINGS.
The headings and titles of the paragraphs within these Rules and Regulations are included for
purposes of convenience only and shall not affect the construction or interpretation of any of the
provisions of said Rules and Regulations.
23. RECOGNITION.
Resident acknowledges that the Park is not a "security" community. Resident agrees that City, his
employees, and agents have not made an, representations or warrantees to Resident that the Park is
secure from theft or other criminal acts which may be perpetrated by any resident of the Park or other
persons. Resident agrees that there are variables inherent in a mobilehome investment include risks of
obsolescence, changes in demand, location mobilehome maintenance, wear and tear, age,
technological advances, interest rates and terms, economic climate and development, neighborhood
change, and many other factors beyond City's control. The value of Resident's mobilehome may
decline in the future, like any vehicle. City and Park do not warrant or represent that Resident's
mobilehome will appreciate in value. Resident understands the existence of such investment risk and
agrees to accept all risks of economic loss or loss in value to the mobilehome. City and Park do not
agree to provide a community which provides other than moderate cost housing opportunities. Resident
also recognizes and agrees that the Park has no age restrictions so that there will be large numbers of
young children and teenagers living in the Park and engaging in normal activities of children of this age.
Therefore, the environment of the Park will be consistent with that of, habitable single-family residential
housing development with a similar population makeup. Consequently, City is not obligated to attempt
to enforce conditions of tenancy to provide a living environment which is free of noise or the other
normal disturbances and activities which would be expected under similar circumstances. Additionally,
with regard to the enforcement of the Rules and Regulations and other conditions of tenancy, Resident
agrees that it is Resident's responsibility to first attempt to reach a reasonable resolution of any
problems or complaints Resident may have with other residents and Homeowners or members of their
household before City and Park are asked to take any action.
24. RENTING, SUBLETTING OR ASSIGNMENT.
Resident shall not sublease, rent or assign Resident's mobilehome, the homesite or any rights or
interest that Resident may have under Resident's rental agreement. A homeowner shall be permitted
to rent or sublet if a medical emergency or medical treatment requires the homeowner to be absent
from his or her home and this is confirmed in writing by an attending physician or in accordance with
the subleasing policy if the management, attached as Exhibit "A."
MARINAPARK RULES AND REGULATIONS Page 14
25. LOT USE. Actual and apparent use defines the perimeter of the area of land which Resident
expects to use and enjoy.
26. INSPECTION. Resident agrees he/she/they have carefully inspected the homesite you are renting
and all of the Park's services, improvements and facilities and have found them to be safe and as
represented, either orally or in writing, and accept them as they are. To the extent that Resident has
found such services, improvements or facilities not to be safe or not to be as so represented Resident
nonetheless agree to accept them as they are and further has found the Park reasonably safe and well-
maintained.
27. INDEMNIFICATION.
A. City, management and all employees, agents, and representatives thereof will not be liable for any
damage, injury, loss, expense, or inconvenience to any person or property caused by any use of the
Park or your Space, or by any defects in tiny improvements, or failure of services or amenities, or
arising from any other cause, unless resulting from our active negligence or willful misconducts. You
agree to release, discharge, indemnify and hold us free and harmless including providing a defense at
resident cost from all such injury, damage, loss, expense, or inconvenience for which we are not liable,
including the provision of a defense and payment of attorney's fees and expense and costs which
relate thereto. This paragraph is not an exculpatory clause of any legally imposed duty of care upon us,
or a disclaimer or release of liability to other than the fullest and most complete extent permitted by law,
and shall not be otherwise construed or interpreted.
B. You agree to indemnify us for all liability, damages, injury, loss, debts, suits, actions, claims,
demands, causes of action, judgments, and expenses, including the provision of a defense, attorneys'
fees, expenses and costs, resulting from or alleged to have resulted from your negligent, willful, or
intentional conduct, or the condition or the maintenance, or lack thereof, of your mobilehome, homesite,
vehicle(s), equipment, accessory structures, property, improvements, or all of them, prior to the
termination of the rental agreement or lease.
28. MATERIAL WHICH WILL NOT DISSOLVE IN THE SEWER SYSTEM.
Material which will not dissolve in the sewer system, such as facial tissue, paper towels, sanitary
napkins, or dryer sheets MUST NOT BE FLUSHED DOWN THE TOILETS. Resident shall be
responsible to clear that portion of the sewer line which leads from the mobilehome to the main
common line of any clog, stoppage, disruption or failure caused by the acts or omission of the
Resident, based on the placement of any improper matter into the sewer system. If resident fails or
refuses to do so and Management takes such action and discovers the presence of improper matter or
other abuse of the sewer system, the cost of the management in order to clear and restore proper
function thereof shall be added as further monthly rent on the first of the month following the completion
of the work. Management shall further have the option of seeking collection of the charges as a debt.
29. EMERGENCY GAS DISTRIBUTION INFORMATION.
The emergency procedure for gas leaks or other safety hazards in the gas distribution system is
located in the park office. This information is also posted in the park office. Gas Company Telephone
Number: l Rlsv - VZ -4 -Z2ov
Fire Department: 911; Park Manager: 949 723 0206.
30. OPTIONAL MEDIATION OF DISPUTES AND REFERENCE.
31. PROHIBITION AGAINST WASTE, NUISANCE AND UNREASONABLE ANNOYANCE. You may
not do anything that will constitute waste, nuisance, unreasonable annoyance, damage, or injury to
anyone or their property. You may not 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 we pay
or increase our costs of maintenance and repair or in any way increase the risk of damage to the
Space, the Park, any person or property.
32. ZERO TOLERANCE POLICY RE CONTROLLED SUBSTANCES
MARINAPARK RULES AND REGULATIONS Page 15
A. ' Resident, any member of the Resident's household, or a guest or other person under the
Resident's control shall not engage in criminal activity, including drug-related criminal activity, on or
near property premises. "Drug-related criminal activity" means the illegal manufacture, sale,
distribution, use or possession with intent to manufacture, sell distribute, or use of a controlled
substance (as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802). Resident, any
member of the Resident's household, or a guest or other person under the Resident's control shall not
engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or
near property premises. Resident or members of the household will not permit the dwelling unit to be
used for or to facilitate, criminal activity, including drug-related criminal activity, regardless of whether
the individual engaging in such activity is a member of the household or a guest. Resident or members
of the household will not engage in the manufacture, sale, or distribution of illegal drugs at any location,
whether on or near property premises. Resident, any member of the Resident'S household, or a guest
or other person under the Resident'S control shall not engage in acts of violence or threats of violence,
including, but not limited to, the unlawful discharge of firearms, on or near property premises.
B. ANY VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE
LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the
provisions of this addendum shall be deemed a serious violation and a material noncompliance with the
lease. It is understood and agreed that a single violation shall be good cause for termination of the
rental agreement and rules and regulations. Failure to comply with this provision is considered a
material, non -curable breach of the lease and will result in a Notice to Quit being served upon Resident
requiring that Resident, every member of Resident's household, or a guest or other person(s) under
Resident's control shall vacate said premises on proper notice, all in accordance with California law.
California law provides for an extraordinary remedy to remedy to regain possession when illegal activity
is being carried out on or near the premises which constitutes a public or private nuisance.
33. REMEDIES.
Injunctive relief may be sought without proof of irreparable harm or lack of an adequate legal remedy in
the event of a violation of these rules and regulations. A violation of these rules and regulations raises a
conclusive presumption of irreparable harm and lack of adequate legal remedy and proof thereof is
agreed to be unnecessary.
34. REMOVAL OF MOBILEHOME ON SALE. i
Management reserves the right, pursuant to Civil Code §798.73, to require removal on sale of the
mobilehome.
35. NO WAIVER FOR DELAY IN ENFORCEMENT, ACCEPTANCE OF RENT.
A. If resident fails to meet any obligation or duty under this Agreement, a delay or omission in
exercising any right or remedy management may have because of the default will not impair any rights
or remedies, nor will it be considered a waiver of any right or remedy. No waiver by management of
the right to enforce any provision of this Agreement after any default on resident's part will be effective
unless it is made in writing and signed by management, nor will it be considered a waiver of any rights
to enforce each and every provision of this Agreement upon any further or other default by resident.
The manager has no authority to waive any rule or regulation, make any exception to a rule or
regulation, or agree to any modification, deletion, or alteration in any residency document without
written prior authority of the City.
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 application or approval requirements or assignment or transfer
requirements. Acceptance of rent shall constitute no waiver of rule violations or any rule, substantial
annoyance, or other grounds for the termination of tenancy specified under the Mobilehome Residency
Law, or other rights. Acceptance of rent after service of a notice to terminate tenancy as specified in
Civil Code section 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
MARINAPARK RULES AND REGULATIONS Page 16
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 City; 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 City.
C. Park may exercise any right under the terms of the rental agreement or lease, or these rules and
regulations as amended or modified or any other right of the management under applicable law, and do
so 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 and demand performance from such
inception through to and including the date of the demand and thereafter; any such delay, forbearance,
whether intentional or inadvertent in enforcing any such right shall not be construed as a waiver,
release or acquittal, accord and satisfaction, settlement in whole or part; shall not constitute an
estoppel, or laches; 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.
36. EXECUTION: YOU AND THE OTHER MEMBERS OF YOUR HOUSEHOLD ALSO AGREE THAT
THESE RULES AND REGULATIONS MAY BE MODIFIED TO ADD OR SUBTRACT PROVISIONS OR
MODIFY EXISTING PROVISIONS IN ACCORDANCE WITH CALIFORNIA CIVIL CODE SECTION
798, AND SUBSEQUENT SECTIONS. IT IS MUTUALLY AGREED THAT ANY CONTRACT OR
TORT CLAIM, DISPUTE OR ACTION, INCLUDING ANY VIOLATION OF ANY LAW OR
REGULATION, SHALL BE JUDGED BY A SINGLE NEUTRAL JUDGE, AND THAT EACH PARTY
WAIVES THE RIGHT TO JURY TRIAL. THIS PROVISION SHALL APPLY EVEN IN THE EVENT
THAT THE PARTIES DO NOT, FOR ANY REASON, MEDIATE OR ARBITRATE SUCH DISPUTE.
CONSULT AN ATTORNEY ABOUT THE MEANING AND EFFECT OF THIS PROVISION.
BY SIGNING BELOW, YOU AGREE THAT THESE RULES AND REGULATIONS ARE EFFECTIVE
IMMEDIATELY UPON YOU AND ALL MEMBERS OF YOUR HOUSEHOLD. Resident further
represents and warrants that the information provided to City regarding resident, other members of the
household or the mobilehome is true and correct. Homeowner also agrees to promptly notify City, in
writing, of any change in this information.
READ AND ACCEPTED
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RESIDENT P
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MANAGEMENT
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Signature Printed name
MARINAPARK RULES AND REGULATIONS Page 17
AMENDMENT AND EXTENSION OF LEASE
This Amendme t and Extension of Lease (Amended Lease), entered into this of
/A 1' day of 2000 by and between the CITY OF NEWPORT BEACH, a
municipal corg6ration and charter city (City) andNor LC-'0&MAti � ���tit�{ j��y
(Lessee), is made with reference to the following facts, the materiality and existence
of which is stipulated and agreed by the parties:
A. City is the owner, and is in possession and control, of a parcel of real
property, consisting of tidelands and/or uplands, located northerly of Balboa
Boulevard and between approximately 16th Street and 18th Street in
Newport Beach, commonly known as Marinapark, generally described in
Exhibit "A" (Property);
B. The Property was under lease prior to the effective date of the Charter of the
City of Newport Beach and, pursuant to the provisions of Section 1402 of the
City Charter, the City Council is empowered to authorize execution of this
Lease by the Mayor;
C. Prior to the effective date of this Amended Lease, and pursuant to a lease
dated March 24, 1976, (hereinafter "1976 Lease"), the City leased 58
mobilehome spaces on the Property pursuant to a standard lease which
would have expired on September 30, 1985, subject to the right of the
Lessee to extend the term for a five (5) year period under certain conditions;
D. Prior to the expiration of the 1976 Lease, the City leased the same 58
mobilehome spaces on the Property pursuant to a lease that would have
expired on March 15, 2000 (1985 Lease) but for this Amended Lease;
E. The City Council finds and declares that this Amended Lease will continue to
preserve an important and unique housing resource and is a benefit to the
citizens of Newport Beach;
F. The Parties acknowledge that, subsequent to the effective date of the 1985
Lease, State Lands Commission staff has discovered evidence that
suggests, but does not establish, that all of the Property consists of
tidelands. The City and Lessee contend that all of the Property leased for
mobilehome residency purposes is uplands owned by the City. The Parties
also acknowledge that they are awaiting a determination by State Lands
Commission staff as to the nature of the Property and that determination
may have a bearing on the types of land uses permitted on the Property.
City and Lessee, or Lessee's representative(s) will continue to cooperate in
good faith to obtain a determination that all or a portion of the Property is
uplands;
G. The Parties also acknowledge that the City has requested interested parties
to submit responses to a Request for Proposal — Marinapark Future
Use/Development (RFP) published in November, 1999. The RFP requests
interested parties to submit proposals for the future use of the Property, the
means by which the proposal would be implemented and the benefits of the
proposal to the City. The City has received eight (8) responses to the RFP
including at least three proposals that propose a continuation of a
mobilehome park use of the Property (Mobilehome Proposals). The
Mobilehome Proposals contemplate the continued use of the Property as a
mobilehome park;
H. The City Council finds and declares that the terms and conditions of this
Amended Lease comply, and are consistent, with the Charter of the City of
Newport Beach including, without limitation, the provisions of Sections 200
and 1402 of the Charter;
I. The City Council also finds and declares that the provisions of this Amended
Lease are consistent with the plans, policies, rules and ordinances of the
City of Newport Beach. The City Council also finds that this Amended
Lease is consistent with the General Plan and the Land Use Plan of the
Local Coastal Program;
J. The terms and conditions of this Amended Lease are in compliance, and
consistent, with the provisions of the Mobilehome Residency Law (Section
798, et seq. of the Civil Code) and the State Zoning and Planning Act
(Sections 65863.7 and 65863.8 of the Government Code).
K. The purpose and intent of the Parties is to amend, and extend the term of,
the 1985 Lease to give the City and Lessee an opportunity to resolve issues
related to the ultimate use of the Property while preserving the benefits
accruing to each Party pursuant to the 1985 Lease.
NOW, THEREFORE, the Parties do hereby mutually agree as follows:
1. DESCRIPTION OF PREMISES.
The City leases, and Lessee accepts the lease of, the portion of the Property
described as space #—,* as shown on Exhibit "A" (Premises).
2. TERM.
The tenancy created by this Amended Lease shall extend the expiration
date of the 1985 Lease from March 15, 2000 to March 15, 2002, unless
earlier terminated in accordance with the terms of this Amended Lease.
3. 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. Permitted
occupants are (i) Lessee; (ii) an additional person if Lessee is living alone;
(iii) family members 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 Lessee for more
than a total of twenty (20) consecutive days or a total of thirty (30) days in
any calendar year. Other persons may occupy the premises with the prior
written consent of the City.
2
B. Lessee agrees that the primary residence requirement is fundamental to this
lease, stipulates that the residency requirement will not constitute an undue
burden or hardship on Lessee in light of the time allowed for compliance in
the 1985 Lease, and, subject to the provisions of Section 8, Lessee agrees
that the Premises shall be Lessee's primary residence unless this
requirement is waived by the City Council due to hardship. Lessee shall
provide satisfactory proof of residency to the City.
C. Lessee agrees to comply with the rules and regulations of Marinapark
(Exhibit "B") and further agrees these rules and regulations may be
amended as provided in the Mobilehome Residency Law or other relevant
statute.
4. CONSIDERATION:
A. Introduction.
The City and Lessee agree that the terms and conditions of the 1985 Lease
and this Amended Lease preserve and protect substantial and important
rights and advantages, economic and personal, that each Party would not
otherwise be entitled to receive. These economic and personal rights and
benefits are the consideration for the 1985 Lease and this Amended Lease.
The more important rights and benefits gained and given up by each Party
are specified in this paragraph and the Parties agree that, like the 1985
Lease, this Amended Lease should be interpreted such that each party
receives the benefits and advantages identified in this paragraph.
B. Consideration to Lessee.
(1) As consideration for Lessee's approval of this Amended Lease, City
commits to maintain the Property as a mobilehome park until March
15, 2002.
(2) Additional consideration for Lessee's approval of this Amended
Lease is the right to occupy the Premises subject to the payment of
below market rent as specified in the 1985 Lease and continued in
this Amended Lease, and limitations on timing and amount of future
rental increases.
(3) As additional consideration, this Amended Lease supplements the
benefits of the 1985 Lease relative to the value and transferability of
Lessee's interest.
(4) As additional consideration, Lessee obtains the Citys commitment
not to close the mobilehome park on, or shortly after, March 2000 as
contemplated by the 1985 Lease as well as City's commitment to
fairly consider the Mobilehome Proposals. Lessee also obtains City's
commitment to cooperate in good faith with any organization
representing a majority of lessees of mobilehome spaces on the
Property in an effort to obtain a determination from the State Lands
Commission that the Property is uplands.
3
C. Consideration to Citv.
As consideration to the City, Lessee agrees and acknowledges that City
may convert Marinapark to a different use upon expiration of this Amended
Lease, or shortly thereafter. Lessee agrees that if City chooses to close the
mobilehome park on the Property it may do so without obligation to pay
relocation benefits, or provide other forms of relocation assistance. Lessee
acknowledges that the terms of the 1985 Lease and this Amended Lease
constitute full and adequate mitigation of any adverse impact on Lessee of
any conversion of the Property to a non-mobilehome use, and the extended
term of the 1985 Lease and this Amended Lease gives Lessee sufficient
time to secure replacement space in another mobilehome park or other
alternative housing. Accordingly,
LESSEE HEREBY WAIVES, GIVES UP THE RIGHT TO RECEIVE, AND
RELEASES CITY FROM ANY OBLIGATION TO PAY, RELOCATION
BENEFITS, OR ANY OTHER FORM OF RELOCATION ASSISTANCE OR
OTHER PAYMENT OR CONSIDERATION THAT ARISE OUT OF, OR
ARE IN ANY WAY RELATED TO:
(1) THIS LEASE OR ANY FUTURE TENANCY;
(2) THE ULTIMATE TERMINATION OF LESSEE'S TENANCY
PURSUANT TO THE 1985 LEASE OR THIS AMENDED
LEASE OR THE TERMINATION OR EXPIRATION OF ANY
SUBSEQUENT TENANCY HOWEVER CREATED;
(3) THE CONVERSION OF THE PREMISES TO ANY USE
OTHER THAN A MOBILEHOME USE.
(4) THE DISPLACEMENT OF LESSEE' FROM HIS AND/OR
HER PRIMARY RESIDENCE;
(5) ANY FEDERAL, STATE OR LOCAL LAW, PLAN & POLICY
OR RULE WHICH RELATES TO SUCH DISPLACEMENT,
OR REQUIRES THE MITIGATION OF THE IMPACTS
CAUSED BY DISPLACEMENT. THIS RELEASE BY
LESSEE, NOTWITHSTANDING SECTION 1542 OF THE
CALIFORNIA CIVIL CODE, WHICH PROVIDES THAT:
"A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED THE
SETTLEMENT WITH THE DEBTOR,"
RELEASES ALL CLAIMS OR LOSSES, WHETHER
KNOWN, UNKNOWN, FORESEEN OR UNFORESEEN,
WHICH LESSEE MAY HAVE AGAINST CITY. LESSEE
0
UNDERSTANDS AND ACKNOWLEDGES THE
SIGNIFICANCE AND CONSEQUENCE OF THIS RELEASE
AND OF THIS SPECIFIC WAIVER OF SECTION 1542 AND
ASSUMES FULL RESPONSIBILITY FOR ANY DAMAGES,
LOSS OR CLAIM THAT LESSEE MAY INCUR AS A
RESULT OF THE CONVERSION, TERMINATION, AND/OR
DISPLACEMENT REFERRED TO ABOVE. LESSEE IS
FREELY AND VOLUNTARILY EXECUTING THIS
AMENDED LEASE AND LESSEE, IN EXECUTING THIS
RELEASE, HAS NOT RELIED UPON ANY INDUCEMENTS,
PROMISES OR REPRESENTATIONS MADE BY CITY OR
ITS OFFICERS OR EMPLOYEES, OTHER THAN THE
COMMITMENTS AND COVENANTS CONTAINED WITHIN
THIS LEASE.
D. Provisions related to Consideration
(1) Lessee agrees that City's right to convert the premises to a non-
mobilehome use may be required if the Property is determined to be
tidelands and that the City Council has the right, after due
consideration of the Mobilehome Proposals, to terminate the
mobilehome use after compliance with applicable law.
(2) This Amended Lease constitutes notice that City reserves the right to
physically convert the Premises to a non-mobilehome use on or
about March 16, 2002.
(3a) Upon expiration of the term of this Amended Lease, Lessee shall,
within sixty (60) days, remove any mobilehome or recreational
vehicle, structure, improvement, personal property or equipment
located upon the Premises. Upon the expiration of this sixty (60) day
period, the City shall have the right to remove and dispose of any and
all property improvement structures or equipment which remain on
the Premises.
(3b) Notwithstanding subsection (3a) above, City agrees to assume
responsibility for costs of removal and disposal of the mobilehome
located on the Premises, provided that on or before January 15,
2002, Lessee provides City written notification of Lessee's desire to
abandon the mobilehome and transfers all title and interest in the
mobilehome clear of all liens and encumbrances to City on or before
March 15, 2002.
(4) If, subsequent to the expiration of this Amended Lease, Marinapark is
still to be operated as a mobilehome park, the City shall be under no
obligation to offer written rental agreements or leases other than as
may then be required by the Mobilehome Residency Law,
specifically, the provisions of Section 798.18 of the Civil Code or such
laws as may be enacted subsequent to the effective date of this
Amended Lease. The provisions of this Subsection shall not impair,
alter or diminish any commitment or obligation undertaken by City in
5
conjunction with the consideration of the Mobilehome Proposals. The
Mobilehome Residency Law currently obligates the City to offer a
twelve (12) month lease or a lesser term If requested by Lessee.
5. RENT.
Lessee shall pay as rent, without deduction or offset, on the 1st day of,
/4Pa('j 2 , and on the first day of each month thereafter during
the term of this lease, the sum of �8 /T/ `f 2.
The monthly rental shall be subject to adjustment as of October 1, 2000 and
October 1, 2001. In no case shall the adjusted rent be less than the current
rent. The adjustment shall be equal to the increase in the Consumer Price
Index for the twelve month period (commencing May 1 and ending April 30,
hereinafter the "adjustment period") prior to the date of adjustment. The
rental adjustment shall be calculated by adding each monthly percentage
increase during the adjustment period, subtracting any decreases and
multiplying the total by the monthly rent in effect prior to the adjustment. The
Consumer Price Index (All Urban Consumers -All Items) for the Los Angeles -
Long Beach -Anaheim, California area as published and released by the
Bureau of Statistics for the United States Department of Labor shall be the
index utilized for calculating rental adjustments. If the Consumer Price
Index, as now compiled and published, is superseded by another index, then
the new index shall be used to calculate the increase in rent provided that an
appropriate conversion from the old index to the new can feasibly be made.
If such conversion cannot be made, or if no such index is published, then
another index generally recognized as authoritative shall be substituted by
agreement.
Rent for any fractional part of any month between the commencement date
and the first date of the first full calendar month within the Term shall be
prorated, and paid by Lessees to City along with the first full month of rent
due hereunder.
Lessee stipulates and agrees that this Amended Lease constitutes the
ninety (90) day written notice of rental increases by the Mobilehome
Residency Law and Lessee acknowledges that no additional written notice
need be given by City; provided, however, City may provide Lessee with
ninety (90) days written notice of the precise amount of any rental increase
authorized by this paragraph and City and Lessee agree that such notice
shall not constitute a waiver of City's right to rely upon the adequacy of the
notice provisions in this paragraph.
Lessee acknowledges that this Amended Lease may create a possessory
interest subject to property taxation and that Lessee may be subject to the
payment of property taxes levied on such interest. Lessee shall pay, in
addition to rent and before delinquency, all taxes, assessments, license fees
and other charges (Taxes) that are, during the Term, levied or assessed
against Lessee's interest in the premises pursuant this Amended Lease or
any personal property installed on the premises.
A
6. RELEVANT STATUTES AND RULES.
The Mobilehome Residency Law requires this Amended Lease 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 Amended Lease by reference. The Marinapark rules
and regulations and the Mobilehome Residency Law may be amended or
modified from time to time, and these amendments and modifications shall
be deemed to be incorporated into the documents attached as Exhibits "B"
and "C" when effective.
7. LATE CHARGE.
If the entire rent owed by Lessee is not received by City by the 10th day
following its due date, then, without any requirement for notice to Lessee,
Lessee shall pay to City a late charge of thirty five dollars ($35.00). The
parties agree that such a late charge represents a fair and reasonable
estimate of the costs City will incur by reason of any late payment of rent.
An acceptance of a late charge by City shall not constitute a waiver of
Lessee's default with respect to rent, or prevent City from exercising any of
the rights or remedies granted by this Amended Lease.
8. SALE OR ASSIGNMENT.
Lessee may sell the mobilehome located on the premises pursuant to the
rights, and subject to the obligations, of Lessee under the Mobilehome
Residency Law and any other applicable statutes. If the mobilehome that is
the subject of the sale or transfer, is to remain in the park, or if Lessee
proposes to assign Lessee's interest in this Lease to any person or persons
who is (are) to reside on the premises, Lessee and/or the proposed
transferee must do the following:
A. Lessee must give notice of the sale or assignment to City prior to close of
escrow.
B. The sale or assignment shall not be effective unless the City has given prior
written approval, the transferee has executed the assignment of lease form
provided by City, and the transferee has expressly agreed to be bound by
the waivers and releases provided in this Amended Lease.
C. Lessee agrees that occupancy of the Premises shall be limited as provided
in Section 3 and Lessee agrees not to sublease or otherwise transfer any
partial interest in this Amended Lease. The requirement that the Premises
constitute Lessee's primary residence shall not apply to any purchaser or
transferee of Lessee provided the purchase or transfer occurs on or after
March 16, 2000 and the purchaser or transferee complies with the
provisions of this Subsection.
7
D. City shall approve any such transfer, if the transferee has the financial ability
to pay the rent and charges and otherwise comply with the terms and
conditions of this Lease, provided, however, City may withhold approval if it
determines that, based upon the transferee's prior tenancies, the transferee
will not comply with the Rules and Regulations of Marinapark (Exhibit "B").
E. City shall not approve any transfer or assignment of any interest in this
Amended Lease that would permit the installation of any mobilehome or
structure that exceeds twelve feet in height.
F. Should Lessee, during the term of this Amended Lease, elect to sell or
assign its interest in this Amended Lease, City shall have the right of first
refusal to acquire the interest on such terms and conditions as may be
acceptable to Lessee, and on failure of the parties to agree on terms within
ten (10) days after written notice thereof from Lessee, Lessee shall be free
to sell or assign Lessee's Interest in this Amended Lease, subject to the
terms and conditions of this Amended Lease,
G. Notwithstanding any other provision in this Amended Lease, Lessee shall
have the right to assign its interest in this Amended Lease to a spouse, son
and/or daughter without any requirement that City be given the right of first
refusal to acquire the interest, 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 Amended Lease, including, without limitation,
the waiver of relocation assistance.
9. UTILITIES.
A. The City shall not provide electricity or telephone service. Lessee shall
make arrangements directly with the utilities furnishing the services and
promptly pay all charges.
B. The City shall provide Lessee with water and gas service. The charge to
Lessee for such service shall be based on the charges paid by Lessee as of
February 1, 2000. Charges for gas and water service shall be increased or
decreased on the first day of October, 2000, and on the first day of October
2001.
C. The charges for gas and water service shall be paid when rent is due, and is
in addition to the obligation to pay rent. In the event Lessee fails to pay
charges for water or gas service within ten days after the amount is due,
Lessee shall pay to City a late charge of thirty five dollars ($35.00).
D. In the event City provides both master meter and submeter service of utilities
to Lessee, the cost of the charges for each billing period shall be separately
stated and shall contain opening and closing readings of the meter. In such
event, City shall post rates charged by the appropriate utility in a
conspicuous place.
E. City shall not be liable for any loss, damage or injury and Lessee shall not be
L.'
entitled to any abatement or reduction of rent, by reason of City's failure to
furnish any utility or service if the failure is caused by accident, breakage,
repairs, maintenance, or any other cause beyond the reasonable control of
City.
10. CONSIDERATION OF MOBILEHOME PROPOSALS
City commits to consider the Mobilehome Proposals relative to the use of
the Property on the same terms and conditions, and using the same criteria,
as other proposals submitted in response to the RFP. City and Lessee
agree that the City Council shall have sole and complete discretion to accept
any, or none, of the Proposals, including Mobilehome's Proposal, submitted
pursuant to the RFP. City and Lessee also agree that the City Council has
the sole and complete discretion to select portions of any proposal or
combine aspects of more than one proposal in making a final decision on
the ultimate use of the Property. Lessee acknowledges that a determination
that the Property is tidelands will, in the absence of State legislation, require
City to terminate the mobilehome use of the Property. City agrees to
cooperate, in good faith, with an organization comprised of a majority of
lessees of spaces on the Property to obtain a determination from the State
Lands Commission that the Property is uplands.
11. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS.
City agrees to maintain, in good working order and conditions, the grounds,
common areas, common facilities, streets, City -owned buildings, and any
other publicly -owned improvements on the Marinapark property. Lessee
shall, at their cost and expense, maintain, in good order and condition, any
mobilehome, cabana, or other improvement located on the premises.
Lessees also agree that all landscaping on the premises shall be limited to
three feet (T) in height to preserve views and open space. The City may
charge a reasonable fee for services relating to the maintenance of the
premises upon which the mobilehome is located in the event Lessee fails to
maintain the property in accordance with the provisions of this Amended
Lease and the rules and regulations of Marinapark (Exhibit "B") after giving
written notification to Lessee and Lessee's failure to comply within fourteen
(14) days from the date of notice. The notice shall contain all information
required by the Mobilehome Residency Law.
12. PHYSICAL IMPROVEMENTS AND SERVICES.
The physical improvements to be provided Lessee during the term of this
Amended Lease include the nonexclusive right to use all of the common
areas and common facilities located within Marinapark, such as streets,
nonrestricted parking areas, laundry facilities, restrooms and showers
located in the common areas and common facilities and designated for use
by residents.
The services to be provided by City during the term of this Amended Lease
include the services to be provided by the Marinapark manager and other
employees and officers of City, the utilities to be provided by City specified in
1r7
Section 9, and the maintenance of all common areas and common facilities
in good condition.
It is the responsibility of the management to provide and maintain physical
improvements in the common facilities in good working order and condition.
In the case of a sudden or unforeseeable breakdown or deterioration of
these improvements (failure), the management shall have a reasonable
period of time to repair the failure after City knows or should have known of
the failure. For purposes of this Section a reasonable period to repair the
failure shall be as soon as possible in situations affecting a health or safety
condition, and shall not exceed thirty (30) days in any other case except
where exigent circumstances justify a delay.
13. CHANGES IN MARINAPARK RULES AND REGULATIONS PHYSICAL
IMPROVEMENTS AND SERVICES.
The City retains the right to amend or modify the Marinapark Rules and
Regulations, the terms of this Lease, and the nature of the physical
improvements 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 Amended Lease, the Marinapark rules and
regulations, and the physical improvements and services to be provided by
City, include, without limitation, the right to reduce the size of, or eliminate,
any physical improvement, common area, common facility, or equipment,
provided, however, no changes shall be made to the provisions of this
Amended Lease, specifying the term of the Amended Lease or the rent to be
charged unless those changes or amendments are permitted by other
provisions of this Amended Lease.
14. RIGHT OF ENTRY.
Lessee, subject to the right of revocation as set forth in the Mobilehome
Residency Law, hereby grants written consent to City to enter the premises
and Lessee's mobilehome for the purpose of improving, maintaining,
repairing or replacing gas, water and sewage systems owned and
maintained by City. Any damage, loss or injury to Lessee's home, property
of Lessee, or the premises which results from efforts of City to maintain,
repair, improve or replace the gas, water or sewage systems, shall be the
sole responsibility of Lessee, and City shall not be responsible for
reimbursing any cost or expense incurred by Lessee as a result of such
efforts, nor shall City be responsible for repairing, replacing or otherwise
restoring the mobilehome, the premises or any improvements thereon, to the
state or condition immediately prior to the maintenance, replacement or
repair efforts. The City also reserves the right to enter the premises for other
purposes as specified In the Mobilehome Residency Law.
15. HOLD HARMLESS.
Lessee covenants to indemnify, defend and hold City, its officers, agents
and employees harmless from any and all claims or demands of any name
or nature whatsoever arising out of, or incident to, the use and occupancy of
10
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 Lessee, or Lessee's agents, employees,
licensees and/or invitees, including, without limitation, injury or death of
Lessee, or Lessee's agents, employees, licensees and invitees and damage
to their property or Lessee's property, except for any damage or injury of any
kind arising out of the sole negligence, fraud or willful misconduct of City, its
officers, agents, or employees.
Lessees, as a material part of the consideration under this Amended Lease,
hereby waive all claims against City for any damage or loss from any cause
arising at any time, including, but not limited to fire, theft, Acts of God,
vandalism or any physical damage while the mobilehome remains on the
Property, unless caused by the negligence, fraud or willful misconduct of
City's agents, officers or employees. Lessee agrees to indemnify and hold
City, its officers, agents and employees harmless from and on account of
any damage or injury to any person or equipment in or on the mobilehome
arising from any cause or from the negligence of a Lessee, his or her family
or guests.
Since a substantial portion of the present value of Lessee's mobilehome or
coach Is attributable to the value of the premises and the proximity of the
premises to lower Newport Bay, and not the value of the structural
improvement, Lessee, in addition to the other commitments specified in
paragraph 4, agrees to indemnify and hold City, its officers agents, and
employees harmless from any and all loss or injury of any nature
whatsoever arising out of or attributable to such a change of use and the
requirement that Lessee remove his/her mobilehome and other property
from the Property.
16. TERMINATION.
A. Lessee may terminate this Amended Lease without any further liability to
City, upon sixty (60) days' written notice to City and upon condition that all
persons occupying the premises terminate their tenancy within that period
and remove the mobilehome and all other improvements, from the premises.
B. The City may terminate this Amended Lease for the reasons specified, and
according to the procedures set forth, in the Mobilehome Residency Law.
C. In addition to the rights specified in subparagraph B, the City reserves the
right to terminate this Amended Lease in the event: (1) a court of competent
jurisdiction determines that residential use of the property is inconsistent, or
in conflict, with the provisions of the public trust imposed upon those portions
of the Property that constitute State tidelands, or that the residential use is
inconsistent with any provision of the State constitution or State law; (2)
there is a major failure in one or more of the public utilities furnished Lessee
by City, and, in the opinion of City, the cost of repairing the system is
excessive when viewed in light of the highest and best use of the Property.
11
D. The waivers and releases relative to relocation benefits or assistance shall
operate to preclude recovery of same by Lessee in the event this Lease is
terminated pursuant to the provisions of this paragraph.
17. ATTORNEYS' FEES.
Should either City or Lessees be required to employ counsel to enforce the
terms, conditions and covenants of the 1985 Lease or this Amended Lease,
the prevailing party shall recover all reasonable attorneys' fees (and court
fees if applicable) incurred therein whether or not court proceedings were
commenced.
18. REMEDIES CUMULATIVE.
The rights, powers, elections and remedies of the City contained in this
Amended Lease shall be construed as cumulative and no one of them shall
be considered exclusive of the other or exclusive of any rights or remedies
allowed by law, and the exercise of one or more rights, powers, elections or
remedies shall not impair or be deemed a waiver of City's right to exercise
any other.
19. NO WAIVER.
No delay or omission of the City to exercise any right or power arising from
any omission, neglect or default of the Lessees shall impair any such right or
power or shall be construed as a waiver of any such omission, neglect or
default on the part of the Lessees or any acquiescence therein.
No waiver of any breach of any of the terms, covenants, agreements,
restrictions or conditions of this Amended 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 Amended Lease.
20. COMPLIANCE WITH LAWS.
Lessee covenants and agrees to comply with all rules, regulations, statutes,
ordinances and laws of the State of California and the City of Newport
Beach or any other governmental body or agency having lawful jurisdiction
over the premises and/or the Property; and Lessee further agrees to comply
with all the Rules and Regulations of Marinapark.
The California Department of Justice, sheriffs departments, police
departments serving jurisdictions of 200,000 or more and many other local
law enforcement authorities mail for public access a date base of the
locations of persons required to register pursuant to paragraph (1) of
subdivision (a) of section 290.4 of the Penal Code. The data base is
updated on a quarterly basis and 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
12
regarding neighborhoods is not available through the "900" telephone
service.
21. MOBILEHOME RESIDENCY LAW/ZONING AND USE PERMIT
INFORMATION:
A. Lessee acknowledges having received and read a copy of the 1985 Lease
or this Amended Lease, 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 unclassified and there are no conditional
use permits or other permits required to operate the Property as a
mobilehome park. The City of Newport Beach owns the Property except to
the extent the property is determined to be tidelands and subject to the
public trust applicable to tidelands.
22. ENTIRE AGREEMENT.
This Amended Lease and the documents referred to in this Amended Lease
represent the entire agreement between City and Lessee.
23. NOTICES.
All notices and other communications shall be in writing, shall be sent by first
class registered mail or certified United States mail, postage prepaid, and
shall be deemed completed at the expiration of seventy-two (72) hours after
the day of mailing addressed:
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 Lessee; and
B. To Lessee:
By delivering a copy to the Lessee personally;
13
C. If Lessee be absent from the mobilehome, by leaving a copy with some
person of suitable age and discretion who may be occupying the
mobilehome; or
D, If no one can be found, then by affixing a copy of the notice in a conspicuous
place on the premises or mobilehome and also sending a copy through the
mail addressed to the Lessee.
E. All other provisions of the Lease shall remain in force and effect with their
original form.
24. EFFECTIVE DATE
The Parties agree that the effective date of this Amended Lease is March
15, 2000 whether executed before or after that date.
IN WITNESS WHEREOF, the parties have caused, this Lease to be executed the
day and year first above written.
LESSEE
By:
By
IfWE ACKNOWLEDGE AND AWARE AWARE OF THE PROVISIONS OF THIS
AMENDED LEASE INCLUDING THE RELEASE AND WAIVER PROVISIONS OF
SECTION 4
CITY OF NEWPORT BEACH
a municipal corporation.
By:reit9/ �...�
Homer B udau,
City Manager
APPROVED TO FORM:
By:
obin L. Clauson
Assistant City Attorney
i
W
LEASE
This Lease, entered into this day of
� e
1985 by and between the CITY OF NEWPORT BEACH, a municipal corpo-
ration anfl charter city (hereinafter "City")
and /,�� /h ) �, oQ/° ���c�c�,� (hereinafter
"Lesseex(, is made withh r�nce to the following facts, the
materiality and existence of which is stipulated and agreed by
the parties:
A. City is the owner, and is in possession and control,
of a parcel of real property, consisting of tidelands and
uplands, located northerly of Balboa Boulevard and between
Fifteenth Street and Nineteenth Street in Newport Beach, commonly
known as Marinapark and generally described on the plot plan
attached as Exhibit "A" (hereinafter "plot plan");
B. The property within Marinapark was under lease prior
to the effective date of the Charter of the City of Newport Beach
and, pursuant to the provisions of Section 1402 of the City
Charter, the City Council is empowered to authorize execution of
this Agreement by the Mayor;
C. Prior to the effective date of this lease, and pursu-
ant to a lease dated March 24, 1976, (hereinafter 111976 Lease"),
the City leased 58 trailer park spaces in Marinapark as shown on
the plot plan, under a standard lease which would have expired on
the 30th day of September, 1985, subject to the right of the
Lessee to extend the term of the lease for a five (5) year period
should the City Council determine, prior to that date, Marinapark
was not required for any trust, or any public, purpose;
D. The City Council presently intends to convert Marina -
park to a public recreation area upon expiration of this lease;
E. The City Council finds that it is in the best
interests of the City of Newport Beach to enter into this Lease
because Lessees have agreed that City has the right to convert
Marinapark into a public recreation area upon the expiration of
this Lease, or shortly thereafter, without payment of relocation
benefits or other forms of assistance to persons displaced due to
the conversion;
-1-
F. The City Council finds and declares that this Lease
operates to preserve an important and unique housing resource to
be occupied by permanent residents and affordable to persons of
low and moderate income. As such, the lease of space within
Marinapark confers a substantial benefit upon the citizens of
Newport Beach and is consistent with, and furthers the objectives
of, the 1984 Housing Element of the General Plan of the City of
Newport Beach;
G. The City Council finds and declares that the terms
and conditions of this Lease are not inconsistent with the provi-
sions of the public trust imposed upon those portions of Marina -
park which constitute tidelands in that: (1) the preservation of
a significant amount of rental housing affordable to persons of
low and moderate income is a matter of general state-wide
interest; (2) the revenue generated by that portion of Marinapark
consisting of tidelands is utilized by the City to enhance public
use of tidelands in the immediate vicinity of Marinapark; and (3)
the City has, through this lease, established its right to
convert the property to public recreational use upon expiration
of this Lease without obligation to pay relocation benefits, or
provide other forms of assistance, to displaced tenants;
H. The City Council finds and declares that the terms
and conditions of this Lease, as they relate to tidelands and
uplands, do not constitute a violation of the gift clause of the
Constitution of the State of California, in that the preservation
of affordable housing stock is of significant public benefit and
the revenues generated by the terms of this Lease are effectively
and efficiently used to enhance the public recreational use of
nearby tidelands;
I. The City Council finds and declares that the terms
and conditions of this Lease comply, and are consistent, with the
Charter of the City of Newport Beach including, without
limitation, the provisions of Section 200 and 1402 of the
Charter;
J. The City Council also finds and declares that the
provisions of this Lease are consistent with the plans, policies,
rules and ordinances of the City of Newport Beach and, more
specifically, are consistent with the General Plan, which
provides that the mobilehome park may be continued until phased
out, and the Land Use Plan of the Local Coastal Program which
specifies that it is the intent of the City to preserve the
mobilehome park as a means of providing a variety of housing
opportunities within the City; and
-2-
K. The terms and conditions of this Lease are in compli-
ance, and consistent, with the provisions of the Mobilehome
Residency Law (Section 798, et seq. of the Civil Code) and the
State Zoning and Planning Act (Sections 65863.7 and 65863.8 of
the Government Code).
NOW, THEREFORE, the undersigned parties do hereby mutually
agree as follows:
1. DESCRIPTION OF PREMISES.
The City leases, and Lessee accepts the lease of, the
property described as space 4A as shown on the plot plan,
attached as Exhibit "A", (hereinafter "Premises").
2. TERM.
The tenancy created by this Lease shall commence as
of the date on which the Lease is signed by Lessee and shall
expire on March 15, 2000, unless earlier terminated in accordance
with the terms of this Lease.
3. USE OF PREMISES.
A. The Premises shall be used only for residential
purposes, and no business or commercial activity shall be conduc-
ted on the Premises. No persons other than Lessee, a person in
addition to Lessee if Lessee is living alone, and the short term
guests (a guest who does not stay with Lessee for more than a
total of 20 consecutive days or a total of 30 days in any calen-
dar year) of Lessee, may reside or occupy the Premises without
the prior written consent of the City.
B. The City has found and determined this Lease is
consistent with the provisions of the 1984 Housing Element and
other relevant state and local laws, policies and plans primarily
because it preserves a significant amount of housing affordable
to persons of low and moderate income. The finding is based on
the assumption that the premises shall serve as the primary resi-
dence of Lessee, not as a second, or vacation, home. Lessee
agrees that the primary residence requirement is fundamental to
this lease, stipulates that the residency requirement will not
constitute an undue burden or hardship on Lessee in light of the
time allowed for compliance, and Lessee agrees that, on or before
October 1, 1990, the Premises shall be Lessee's primary residence
unless this requirement is waived by the City Council due to
hardship. Lessee shall provide satisfactory proof of residence
to the City.
-3-
C. Lessee agrees to comply with the rules and
regulations of Marinapark (Exhibit "B") and further agrees these
rules and regulations may be amended as provided in the
Mobilehome Residency Law or other relevant statute.
4. FUNDAMENTAL CONSIDERATION AND ESSENTIAL TERMS:
A. Introduction.
The City and Lessee agree that the terms and
conditions of this Lease grant, to both parties, substantial and
important rights and advantages, economic and personal, that each
would not otherwise be entitled to receive. These economic and
personal rights and benefits are the essence of, and constitute
the fundamental consideration for, this Lease. The more impor-
tant rights and benefits gained and given up by each party are
specified in this paragraph and the parties agree that this Lease
should be interpreted such that each party receives the benefits
and advantages identified in this paragraph.
B. Fundamental Interests of Lessee -Rights and
Benefits Given Up by City.
The overriding motivation for Lessee's approval
of this Lease is the commitment by City to maintain the property
as a mobilehome park until March 15, 2000, and the long-term
nature of the tenancy created by this lease. These commitments
of City operate to insure long-term occupancy, protect the finan-
cial interest and investment of Lessee in the Premises, and
significantly increase the value, and transferability, of that
interest or investment. The most significant rights obtained by
Lessee, and given up by City, are as follows:
(1) Lessee obtains the long-term right to occupy
the Premises while City commits to preserve the mobilehome park
use until March 15, 2000 and approves a long-term tenancy instead
of invoking its right to grant no more than a one year tenancy as
provided by the Mobilehome Residency Law;
(2) Lessee's right to occupy the Premises is
subject to the payment of the moderate rent specified in this
Lease and Lessee also obtains the advantage of limited rental
increases in the future, while City gives up the right to charge
higher rents initially and the right to impose future rental
increases in excess of the cost -of -living index; and
(3) The value and transferability of Lessee's
interest is preserved by the long term nature of the tenancy
-4-
created by this lease and limitations on the amount of rent a
buyer or transferee of Lessee's interest could be charged, while
City gives up the right to substantially increase rent for the
Premises in the event of a transfer.
C. Fundamental Interest of City - Rights and
Benefits Given Up by Lessee.
The fundamental reason for City to enter into
this Lease is the right to convert Marinapark to a public recrea-
tional use upon expiration of this Lease, or shortly thereafter,
without obligation to pay relocation benefits, or provide other
forms of relocation assistance. In consideration of the rights
and benefits given up by City, and in addition to the obligation
to pay rent and comply with the other terms and conditions of
this Lease, Lessee stipulates and agrees as follows:
(1) The terms and conditions of this Lease,
specifically the commitment of City to grant long-term tenancy
rights and to preserve the current use of the Premises until
March 15, 2000, constitute full and adequate mitigation of any
adverse impact of the proposed conversion on Lessee and the
extended term of the Lease gives Lessee sufficient time to secure
adequate replacement space in another mobilehome park or other
alternative housing;
(2) The terms and conditions of the Lease,
specifically the extended term of the Lease, is of far greater
value to Lessee than any relocation benefits or other form of
assistance could be granted to Lessee by City at or near the
expiration of the Lease and the conversion of the Premises to
public recreational use. The extended term of the Lease signifi-
cantly increases the market value of Lessee's interest in the
Premises and substantially improves the ability of Lessee to
locate potential purchasers or transferees of Lessee's interest;
(3) LESSEE HEREBY WAIVES, GIVES UP THE RIGHT TO
RECEIVE, AND RELEASES CITY FROM ANY OBLIGATION TO PAY, RELOCATION
BENEFITS, OR ANY OTHER FORM OF RELOCATION ASSISTANCE OR OTHER
PAYMENT OR CONSIDERATION THAT ARISE OUT OF, OR ARE IN ANY WAY
RELATED TO: (A) THIS LEASE OR ANY FUTURE TENANCY; (B) THE
ULTIMATE TERMINATION OF LESSEE'S TENANCY PURSUANT TO THIS LEASE
OR THE TERMINATION OF EXPIRATION OF ANY SUBSEQUENT TENANCY
HOWEVER CREATED; (C) THE CONVERSION OF THE PREMISES TO A PUBLIC
RECREATION USE, (D) THE DISPLACEMENT OF LESSEE FROM HIS AND/OR
HER PRIMARY RESIDENCE; (E) ANY FEDERAL, STATE OR LOCAL LAW, PLAN,
POLICY OR RULE WHICH RELATES TO SUCH DISPLACEMENT, OR REQUIRES
-5-
THE MITIGATION OF THE IMPACTS CAUSED BY DISPLACEMENT. THIS
RELEASE BY LESSEE, NOTWITHSTANDING SECTION 1542 OF THE CALIFORNIA
CIVIL CODE, WHICH PROVIDES THAT:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERI-
ALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR,"
RELEASES ALL CLAIMS OR LOSSES, WHETHER KNOWN, UNKNOWN, 'FORESEEN
OR UNFORESEN, WHICH LESSEE MAY HAVE AGAINST CITY. LESSEE UNDER-
STANDS AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF THIS
RELEASE AND OF THIS SPECIFIC WAIVER OF SECTION 1542 AND ASSUMES
FULL RESPONSIBILIITY FOR ANY DAMAGES, LOSS OR CLAIM THAT LESSEE
MAY INCUR AS A RESULT OF THE CONVERSION, TERMINATION; AND/OR
DISPLACEMENT REFERRED TO ABOVE. LESSEE IS FREELY AND VOLUNTARILY
EXECUTING THIS LEASE AND LESSEE, AND IN EXECUTING THIS RELEASE,
HAS NOT RELIED UPON ANY INDUCEMENTS, PROMISES OR REPRESENTATIONS
MADE BY CITY OR ITS OFFICERS OR EMPLOYEES, OTHER THAN THE COMMIT-
MENTS AND COVENANTS CONTAINED WITHIN THIS LEASE.
(4) Lessee agrees that City's right to convert
the premises to a public recreation area upon expiration of this
lease, is now believed to be in the best interests of the
citizens of, and visitors to, the City of Newport Beach.
(5) This Lease constitutes notice that City
reserves the right to convert the Premises to public recreational
use on or about March 16, 2000.
(6) Upon expiration of the term of this Lease,
Lessee shall, within sixty (60) days, remove any mobil�ehome or
recreational vehicle, structure, improvement, personal property
or equipment located upon the Premises. Upon the expiration of
this sixty (60) day period, the City shall have the right to
remove and dispose of any and all property improvement structures
or equipment which remain on the Premises without prior notice or
judicial action.
(7) If, subsequent to the expiration of this
Lease, Marinapark is still to be operated as a mobilehome park,
the City shall be under no obligation to offer written rental
agreements or leases other than as may then be required by the
Mobilehome Residency Law, specifically the provisions of Section
798.18 of the Civil Code or such laws as may be ,enacted
subsequent to the effective date of this Lease. The Mobilehome
am
Residency Law currently obligates the City to offer a twelve (12)
month lease or a lesser term if requested by Lessee.
5. RENT.
Lessee shall pay as rent, without deduction or
offset, on the 1st day of October, 1985, and on the first day of
each month thereafter during the term of this lease, the sum of
$732.00, provided, however, in the event this lease is signed
after the 1st day of November, 1985, and prior to December 1,
1985, rent shall be $769.00, and provided further, that in the
event this lease is signed after December 1, 1985, and prior to
January 1, 1986, the rent shall be $807.00 and in each case rent
shall be subject to increase as specified in this paragraph.
The monthly rental shall be subject to adjustment as of
October 1, 1986 and as of October lst of each year thereafter
during the term of this Lease. In no case shall the adjusted
rent be less than the current rent. The adjustment shall be
equal to the increase in the Consumer Price Index for the twelve
month period (conmencing May 1 and ending April 30, hereinafter
the "adjustment period") prior to the date of adjustment. The
rental adjustment shall be calculated by adding each monthly
percentage increase during the adjustment period, subtracting any
decreases and multiplying the total by the monthly rent in effect
prior to the adjustment. The Consumer Price Index (All Urban
Consumers -All Items) for the Los Angeles -Long Beach -Anaheim,
California area as published and released by the Bureau of
Statistics for the United States Department of Labor shall be the
index utilized for calculating rental adjustments.
If the Consumer Price Index, as now compiled and
published, is superseded by another index, then the new index
shall be used to calculate the increase in rent provided that an
appropriate conversion from the old index to the new can feasibly
be made. If such conversion cannot be made, or if no such index
is published, then another index generally recognized as authori-
tative shall be substituted by agreement.
Rent for any fractional part of any month between the
commencement date and the first date of the first full calendar
month within the Term shall be prorated, and paid by Lessees to
City along with the first full month of rent due hereunder.
Lessee stipulates and agrees that this lease constitutes
the sixty (60) days' written notice of rental increases required
by the Mobilehome Residency Law and Lessee acknowledges that no
additional written notice need be given by City; provided,
-7-
however, City may provide Lessee with sixty (60) days' written
notice of the precise amount of any rental increase authorized by
this paragraph and City and Lessee agree that such notice shall
not constitute a waiver of City's right to rely upon the adequacy
of the notice provisions in this paragraph.
6. RELEVANT STATUTES AND RULES.
The Mobilehome Residency Law requires this Lease to
contain, among other things, the rules and regulations of Marina -
park and the language of the Mobilehome Residency Law. The rules
and regulations of Marinapark are attached as Exhibit "B," the
provisions of the Mobilehome Residency Law are attached as
Exhibit "C," and both documents are incorporated into this Lease
by reference. The Marinapark rules and regulations and the
Mobilehome Residency Law may be amended or modified from time to
time, and these amendments and modifications shall be deemed to
be incorporated into the documents attached as Exhibits "B" and
"C" when effective.
7. LATE CHARGE.
If the entire rent owed by Lessee is not received by
City by the 10th day following its due date, then, without any
requirement for notice to Lessee, Lessee shall pay to City a late
charge of $35.00. The parties agree that such a late charge
represents a fair and reasonable estimate of the costs City will
incur by reason of any late payment of rent. An acceptance of a
late charge by City shall not constitute a waiver of Lessee's
default with respect to rent, nor prevent City from exercising
any of the rights or remedies granted by this Lease.
8. SALE OR ASSIGNMENT.
Lessee may sell the mobilehome located on the
premises pursuant to the rights, and subject to the obligations,
of Lessee under the Mobilehome Residency Law and any other appli-
cable statutes. If the mobilehome that is the subject of the
sale or transfer, is to remain in the park, or if Lessee proposes
to assign Lessee's interest in this Lease to any person or
persons who is (are) to reside on the premises, Lessee and/or the
proposed transferee must do the following:
A. Lessee must give notice of the sale or assignment
to City prior to close of escrow;
we
B. The sale or assignment shall not be effective
unless the City has given prior written approval, the transferee
has executed the assignment of lease form provided by City, and
the transferee has expressly agreed to be bound by the waivers
and releases provided in the Lease.
C. Lessee, in view of the requirement that the
Premises shall constitute Lessee's primary residence, agrees not
to sublease or otherwise transfer any partial interest in this
Lease, except to the extent that the right to sublet or transfer
is specifically provided by law and, in no event to a person or
persons not using the premises as a primary residence.
D. City shall approve any such transfer, if the
transferee has the financial ability to pay the rent and charges
and otherwise comply with the terms and conditions of this Lease,
provided, however, City may withhold approval if it determines
that, based upon the transferee's prior tenancies, the transferee
will not comply with the rules or regulations of Marinapark
(Exhibit "B").
E. The City, in the event of a sale of a mobilehome
to a third party, and in order to upgrade the quality of the
park, may require that a mobilehome be removed from the park,
when: (1) it is less than ten feet wide; (2) it is more than
twenty (20) years old, or more than twenty-five (25) years old if
manufactured after September 15, 1971, and is twenty (20) feet
wide or more, and the mobilehome does not comply with the health
and safety standards provided in Section 18550, 18552 and 18605
of the Health & Safety Code and the regulations established
thereunder; (3) the mobilehome is more than seventeen (17) years
old, or more than twenty-five (25) years old if manufactured
after September 15, 1971, and is less than twenty (20) feet wide
and the mobilehome does not comply with the construction safety
standards under Sections 18850, 18852 and 18605 of the Health &
Safety Code and the regulations established thereunder; or (4) it
is in a significantly run down condition or in disrepair, as
determined by the general condition of the mobilehome and its
acceptability of the health and safety of the occupants and the
public exclusive of its age.
F. Should Lessee, during the term of this Lease,
elect to sell or assign its interest in this Lease, City shall
have the right of first refusal to acquire the interest on such
terms and conditions as may be acceptable to Lessee, and on
failure of the parties to agree on terms within ten (10) days
after written notice thereof from Lessee, Lessee shall be free to
sell or assign Lessee's interest in this Lease, subject to the
terms and conditions of this Lease.
G. Notwithstanding any other provision in this
Lease, Lessee shall have the right to assign its interest in this
Lease to a spouse, son and/or daughter without any requirement
that City be given the right of first refusal to acquire the
interest and without payment of the transfer fee specified in
paragraph 10, provided, however, the premises shall be used as
the primary residence of the assignee and the assignee shall be
bound by all provisions of this Lease, including, without
limitation, the waiver of relocation assistance.
9. UTILITIES.
A. The City shall not provide electricity or tele-
phone service. Lessee shall make arrangements directly with the
utilities furnishing the services and promptly pay all charges;
B. The City shall provide Lessee with water and gas
service. The initial charge to Lessee for such service shall be
based upon the expenses incurred by City for gas and water utili-
zed within Marinapark, for all purposes, ("total cost") for the
period commencing August 1, 1984 and ending July 31, 1985 (rating
period). The initial monthly charge to Lessee shall be calcula-
ted by dividing the "total cost" by twelve (monthly cost) and
then dividing the monthly cost by the number of tenancies with
Marinapark (total tenancies). Charges for gas and water service
shall be increased or decreased on the first day of October,
1986, and on the first day of October during each subsequent year
of this Lease in accordance with increases or decreases in "total
cost" or "total tenancies" during the preceding rating period
(August 1st through July 31st).
C. The charges for gas and water service shall be
paid when rent is due, and is in addition to the obligation to
pay rent. In the event Lessee fails to pay charges for water or
gas service within ten days after the amount is due, Lessee shall
pay to City a late charge of $35.00;
D. In the event City provides both master meter and
submeter service of utilities to Lessee, the cost of the charges
for each billing period shall be separately stated and shall
contain opening and closing readings of the meter. In such
event, City shall post rates charged by the appropriate utility
in a conspicuous place;
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E. City shall not be liable for any loss, damage or
injury and Lessee shall not be entitled to any abatement or
reduction of rent, by reason of City's failure to furnish any
utility or service if the failure is caused by accident, break-
age, repairs, maintenance, or any other cause beyond the reason-
able control of City.
10. TRANSFER FEE.
Lessee requests that City perform certain services in
connection with the sale of any mobilehome to remain within the
Park, and/or the sale or assignment of Lessee's interest in this
Lease. The services to be performed by City, at Lessee's
request, include, but are not necessarily limited to, the prepar-
ation of the documents by which the leasehold interest is
assigned and the inspection of the property to be transferred.
The City and Lessee agree that a reasonable fee for the perfor-
mance of these services is the sum of $2,500.00.
11. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS.
City agrees to maintain, in good working order and
conditions, the grounds, common areas, common facilities,
streets, City -owned buildings, and any other publicly -owned
improvements on the Marinapark property. Lessee shall, at their
cost and expense, maintain, in good order and condition, any
mobilehome, cabana, or other improvement located on the
premises. Lessees also agree that all landscaping on the
premises shall be limited to three (3) feet in height to preserve
views and open space. The City may charge a reasonable fee for
services relating to the maintenance of the premises upon which
the mobilehome is located in the event Lessee fails to maintain
the property in accordance with the provisions of this Lease and
the rules and regulations of Marinapark (Exhibit "B") after
giving written notification to Lessee and Lessee's failure to
comply within fourteen (14) days from the date of notice. The
notice shall contain all information required by the Mobilehome
Residency Law.
12. PHYSICAL IMPROVEMENTS AND SERVICES.
The physical improvements to be provided Lessee
during the term of this Lease include the nonexclusive right to
use all of the common areas and common facilities located within
Marinapark, such as streets, nonrestricted parking areas, recrea-
tional facilities and equipment, laundry facilities and other
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facilities, equipment and conveniences located in the common
areas and common facilities and designated for use by residents.
The services to be provided by City during the term
of this Agreement include the services to be provided by the
Marinapark manager and other employees and officers of City, the
utilities to be provided by City specified in Paragraph 9, and
the maintenance of all common areas and common facilities in good
working order and condition.
13. CHANGES IN MARINAPARK RULES AND REGULATIONS,
PHYSICAL IMPROVEMENTS AND SERVICES.
The City retains the right to amend or modify the
Marinapark rules and regulations, the terms of this Lease, and
the nature of the physical improvements for services to be provi-
ded, after complying with the provisions of the Mobilehome Resi-
dency Law and other applicable law. The right to amend the terms
of this Lease, the Marinapark rules and regulations, and the
physical improvements and services to be provided by City,
include, without limitation, the right to reduce the size of, or
eliminate, any physical improvement, common area, common
facility, or equipment, provided, however, no changes shall be
made to the provisions of this Lease, specifying the term of the
Lease or the rent to be charged unless those changes or
amendments are permitted by other provisions of this Lease.
14. RIGHT OF ENTRY.
Lessee, subject to the right of revocation as set
forth in the Mobilehome Residency Law, hereby grants written
consent to City to enter the premises and Lessee's mobilehome for
the purpose of improving, maintaining, repairing or replacing
gas, water and sewage systems owned and maintained by City. Any
damage, loss or injury to Lessee's home, property of Lessee, or
the premises which results from efforts of City to maintain,
repair, improve or replace the gas, water or sewage systems,
shall be the sole responsibility of Lessee, and City shall not be
responsible for reimbursing any cost or expense incurred by
Lessee as a result of such efforts, nor shall City be responsible
for repairing, replacing or otherwise restoring the mobilehome,
the premises or any improvements thereon, to the state or
condition immediately prior to the maintenance, replacement or
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repair efforts. The City also reserves the right to enter the
premises for other purposes as specified in the Mobilehome
Residency Law.
15. HOLD HARMLESS.
Lessees covenant that they will indemnify, defend and
hold City, its officers, agents and employees harmless from any
and all claims or demands of any name or nature whatsoever
arising out of, or incident to, the use and occupancy of the
Premises, and to indemnify City for any cost, liability, or
expense caused by or arising out of any injury or death of
persons or damage to property which may occur upon or about the
leased premises or caused by or arising out of any activities or
omission of Lessees, their agents, employees, licensees and/or
invitees, including, without limitation, injury or death of
Lessees, their agents, employees, licensees and invitees and
damage to their property or Lessee's property, except for any
damage or injury of any kind arising out of the negligence of
City, its officers, agents, or employees.
Lessees, as a material part of the consideration
under this Lease, hereby waive all claims against City for any
damage or loss from any cause arising at any time, including, but
not limited to fire, theft, Acts of God, vandalism or any physi-
cal damage while the coach remains in the mobilehome park, other
than the negligence of City's agents, officers or employees.
Lessees do hereby agree to indemnify and hold City, its officers,
agents and employees harmless from and on account of any damage
or injury to any person or equipment on the coach arising from
any cause or from the negligence of a Lessee, his or her family
or guests.
Since a substantial portion of the present value of
Lessee's mobilehome or coach is attributable to the value of the
premises and the and the proximity of the premises to lower
Newport Bay, and not the value of the structural improvement,
Lessee, in addition to the other commitment specified in
paragraph 4, agrees to indemnify and hold City, its officers
agents, and employees harmless from any and all loss or injury of
any nature whatsoever arising out of or attributable to such a
change of use and the requirement that Lessee remove his home and
other property from the Marinapark.
16. TERMINATION.
A. Lessee may terminate this Lease without any
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further liability to City, upon sixty (60) days' written notice
to City and upon condition that all persons occupying the
premises terminate their tenancy within that period and remove
the mobilehome or recreational vehicle and all other
improvements, from the premises.
B. The City may terminate this Lease for the reasons
specified, and according to the procedures set forth, in the
Mobilehome Residency Law.
C. In addition to the rights specified in subpara-
graph B, the City reserves the right to terminate this Lease in
the event: (1) a court of competent jurisdiction determines that
residential use of the property is inconsistent, or in conflict,
with the provisions of the public trust imposed upon those por-
tions in Marinapark that constitute state tideland, or that the
residential use is inconsistent with any provision of the state
constitution or state law; (2) there is a major failure in one or
more of the public utilities furnished Lessee by City, and, in
the opinion of City, the cost of repairing the system is exces-
sive when viewed in light of the contemplated conversion to
public recreation use at the expiration of this Lease.
D. The waivers and releases relative to relocation
benefits or assistance shall operate to preclude recovery of same
by Lessee in the event this Lease is terminated pursuant to the
provisions of this paragraph.
17. ATTORNEYS' FEES.
Should either City or Lessees be required to employ
counsel to enforce the terms, conditions and covenants of this
Lease, the prevailing party shall recover all reasonable
attorneys' fees (and court fees if applicable) incurred therein
whether or not court proceedings were commenced.
18. REMEDIES CUMULATIVE.
The rights, powers, elections and remedies of the
City contained in this Lease shall be construed as cumulative and
no one of them shall be considered exclusive of the other or
exclusive of any rights or remedies allowed by law, and the
exercise of one or more rights, powers, elections or remedies
shall not impair or be deemed a waiver of City's right to exer-
cise any other.
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19. NO WAIVER.
No delay or omission of the City to exercise any
right or power arising from any omission, neglect or default of
the Lessees shall impair any such right or power or shall be
construed as a waiver of any such omission, neglect or default on
the part of the Lessees or any acquiescence therein.
No waiver of any breach of any of the terms, cove-
nants, agreements, restrictions or conditions of this lease shall
be construed as a waiver of any succeeding breach of the same or
of any of the terms, covenants, agreements, restrictions or
conditions of this lease.
20. COMPLIANCE WITH LAWS.
Lessees covenant and agree to comply with all rules,
regulations, statutes, ordinances and laws of the State of
California and the City of Newport Beach or any other
governmental body or agency having lawful jurisdiction over the
leased property; and Lessee further agrees to comply with all the
Rules and Regulations of Marinapark.
21. MOBILEHOME RESIDENCY LAW/ZONING AND USE PERMIT
INFORMATION:
A. Lessee acknowledges having received and read a
copy of this Lease, the provisions of the Mobilehome Residency
Law (Exhibit " C") as presently constituted, and the Marinapark
Rules and Regulations (Exhibit "B ").
B. Marinapark is currently zoned unclassified and
there are no conditional use permits or other permits required to
operate Marinapark as a mobilehome park. The City of Newport
Beach owns the ground on which Marinapark is located except to
the extent the property is subject to the public trust applicable
to tidelands.
22. ENTIRE AGREEMENT.
This Lease and the documents referred to herein
constitute the entire agreement between City and Lessee and
terminates and supersedes all prior and contemporaneous
agreements, representations and understandings of the parties,
whether written or oral, including, without limitation, the
termination of any rights of either party under the 1976 Lease.
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23. NOTICES.
It is mutually agreed that any notice it notices
provided for by this lease or by law, to be given or served by
Lessees, may be given or served by mail, registered or certified,
with postage prepaid, on the City of Newport Beach, addressed to
the Mayor, City Manager, or City Clerk, 3300 Newport Boulevard,
Newport Beach, California 92663, or at such other address as may
be hereafter furnished to the Lessee in writing. If notice is
intended to be served by City on Lessees, it may be served
either:
A. By delivering a copy to the Lessee personally;
and
B. If he be absent from the mobilehome, by leaving a
copy with some person of suitable age and discretion who may be
occupying the mobilehome; or
C. If no one can be found, then by affixing a copy
of the notice in a conspicuous place on the premises or
mobilehome and also sending a copy through the mail addressed to
the Lessee.
Such service upon the City or Lessee shall be deemed
complete at the expiration of seventy-two (72) hours from and
after the deposit in the United States mail of such notice,
demand or communication.
IN WITNESS WHEREOF, the parties have caused this Lease to
be executed the day and year first above written.
AP VED AS TO FORM:
v
City Attorney
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CITY OF NEWPORT BEACH
a mjm1c1-al corporation
LESSEE:
y
EXHIBIT "A"
NEWPORT MARINAPARK
RULES AND REGULATIONS
The following Rules and Regulations are established
pursuant to Paragraph 13 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 and shall have a Marinapark sticker attached to
rear bumper. Two stickers will be issued to each Mobile Park
Homeowner. Registered guests of the tenants shall park only as
follows: (Tenants shall inform their guests of speed limits,
Parking Regulations and TOW -AWAY signs).
A. Registered guests' parking area;
B. Tenants expecting guests shall advise the
Manager in advance.
C. Guest parking shall be assigned by the Manager
only.
D. Guests will be limited to no more than two
cars on holidays and weekends.
E. All guests must register, on arrival, at the
office for Parking Permits.
F. Failure to obtain Parking Pass, guests' cars
are subject to TOW -AWAY.
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
boards or roller skates allowed to be used within Marinapark at
any time or any place. Bicycles okay 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
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
construction machinery--(unmuffled gasoline engines, smoke or
fumes, etc.)
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EXHIBIT 8
7. LAWNS AND PATIOS. Tenants shall not leave water
hoses, boats, clothing, beach toys, surfboards, 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 laundry 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 RWM. 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 room 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 eighteen (18) years of age, shall not be left unattended in
trailer or trailer space. An adult must be in attendance at all
times.
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 mailbox daily for any
phone messages and packages delivered to the Marinapark Office.
They will not be delivered to trailers, except in extreme
emergencies.
14. TRAILERS. Trailers are to be equipped with current
license plates and license stickers as required by State law.
15. GARBAGE AND TRASH. All garbage and refuse must be
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 plastic trash bags properly secured.
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 from 9:00 A.M. to
5:00 P.M.
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
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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 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,
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. Landscaping
located adjacent to mobilehomes shall be limited to three (3)
feet in height and width and shall not obstruct another tenant's
view.
23. CHILDREN AND ADULT SECTION. Marinapark is divided
into an adult section and a children's section as depicted in
Exhibit "A" 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.
24.
USE OF NAME OR ADDRESS OF PARK.
This Park or its
name or address shall
not be used for
the purpose of
advertisement
or sale of
automobiles, trailers
or merchandise, or
for any other
commercial
purpose except with the
specific written
consent of the
Lessor.
25. 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.
26. CALIFORNIA CIVIL CODE PROVISIONS RELATIVE TO
VIOBILEHOME PARK RESIDENCY. Pursuant to the California Civil Code
Section 789.9, you are hereby notified and advised of the
following Civil Code Sections:
"Section 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 this
notice. No lease shall contain any provision
by which the tenant waives his rights under
this section, and any such waiver shall be
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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 writing
to the tenant, in such prescribed manner, to
remove from the premises within a period of
not more than 60 days, to be specified in the
notice."
"Section 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."
"Section 789.7 Fees
The owner of a mobilehome park or his agents
shall not charge any fees to tenants other
than charges for rent, utilities, or
incidental reasonable service charges."
"Section 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."
27. NO SUBLETTING OF LEASED SPACES. Mobilehome owners
shall not rent or sublease their mobilehomes without express
written permission from the Newport Beach City Manager or
Marinapark Manager.
28. RENTAL DUE. All space rents are due on the first
day of each month. Rents received after the 10th day of the
month at the Marinapark Office, is subject to a late fee as
stated in Paragraph 7 of the Lease Agreement.
29. SLEEPING IN CARS PROHIBITED. Sleeping in cars or
recreational vehicles in Marinapark is prohibited.
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.
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