HomeMy WebLinkAboutMarina Park Mobile Home - 9CAMENDMENT AND EXTENSION OF LEASE
This Amendmet and Extension of Lease (Amended Lease), entered into this of
®� day of 2000 by and between the CITY OF NEWPORT BEACH, a
municipal co ration and charter city (City) and .J eY1VWE Q'
(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 9_ L 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.
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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 City's 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.
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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
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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
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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.
Les se
shall pay as rent, without deduction or offset, on the 1st day of,
xi'J d o o , and on the fir is day of each month thereafter during
the term of this lease, the sum of ib Sa. G.o
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.
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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.
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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
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
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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
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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.
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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
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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;
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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
0
IIWE ACKNOWLEDGE AND AM/ARE 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: 9/~ .G+.
Homer Blu au,
City Manager
APPROVE S TO FORM:
By: U4A �'�
obin L. Clauson
Assistant City Attorney
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�s
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