HomeMy WebLinkAboutPA2022-0203_20220914_Lease AgreementBAYSIDE MHP LLC
Equal Housing Opportunity
Owner and Manager do business in accordance with
the Federal Fair Housing Law
It is illegal to discriminate against any person
because of race, color, religion, sex, gender or gender identity,
handicap/ disability, familial status, or national origin
ASSIGNMENT AND ASSUMPTION OF RESIDENCY
AGREEMENT (EXPIRING 2026)
PURSUANT TO SECTION 798.17 OF THE CALIFORNIA CIVIL CODE, THE PERSON
TAKING ASSIGNMENT OF THIS RESIDENCY AGREEMENT IS NOTIFIED THAT
THIS RESIDENCY AGREEMENT IS AND WILL BE EXEMPT FROM ANY
ORDINANCE, REGULATION OR INITIATIVE MEASURE ADOPTED BY ANY LOCAL
GOVERNMENT AL ENTITY WHICH ESTABLISHES A MAXIMUM AMOUNT THAT
FOR RENT.
THIS ASSIGNMENT AND ASSUMPTION OF RESIDENCY AGREEMENT (EXPIRING
2026) ("ASSIGNMENT") is made and entered into this 19th day of November 202 l, by and
between those persons listed on the last page of this ASSIGNMENT as the ASSIGNOR
(collectively, "ASSIGNOR"), and those person listed on the last page of this Assignment as the
ASSIGNEE (collectively, "ASSIGNEE"), and Bayside MHP LLC.
The undersigned ASSIGNEE, intends to acquire a home which is currently located on
301 Lexington, NEWPORT BEACH, CA 92660 (the "HOMESITE") in Bayside Village, 300 E.
Coast Highway, Newport Beach, California (the "COMMUNITY") pursuant to a Residency
Agreement (the "AGREEMENT") executed on August 6, 1997 by Melba Linscott & JackLinscott,
as Homeowner and De Anza Bayside Village, LLC ("DE ANZA").
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DE ANZA subsequently assigned the AGREEMENT to Bayside MHP LLC, a California limited
liability company ("BAYSIDE MHP"). On June 1, 2021, Melba Linscott & Jack Linscott assigned
the AGREEMENT to Louis Spampinato, as Homeowner.
Pursuant to Paragraph 5 of the AGREEMENT, ASSIGNOR may, with BAYSIDE MHP's prior
approval of the buyer, assign the remaining term of the AGREEMENT to a person buying
ASSIGNOR'S home. By their respective signatures below: (1) BAYSIDE MHP indicates its
approval of ASSIGNEE; (2) BAYSIDE MHP acknowledges that upon this ASSIGNMENT
becoming effective, as described below, except as provided in the AGREEMENT, ASSIGNOR
shall be released from all future HOMEOWNER obligations under the AGREEMENT; (3)
ASSIGNOR hereby assigns the AGREEMENT to ASSIGNEE; (4) ASSIGNOR acknowledges
that upon this Assignment becoming effective, all rights and benefits of tenancy and all rights and
benefits of HOMEOWNER in the AGREEMENT shall be transferred to ASSIGNEE, subject to
the modifications reflected in the "Utilities Disclosure Notice" which ASSIGNEE acknowledges
receiving; and (5) ASSIGNEE accepts such assignment, and hereby assumes and agrees to be
bound by and perform all of the terms, conditions and obligations set forth in the AGREEMENT,
as modified by the Utilities Disclosure Notice. Upon full execution of this ASSIGNMENT, all
references to HOMEOWNER in the AGREEMENT shall thereafter apply to ASSIGNEE.
The initial monthly rent payable by ASSIGNEE shall be Sl,282.89 through December 31. 2022
and thereafter monthly rent shall be as adjusted pursuant to Paragraphs 1 and 2 of the
AGREEMENT. The initial monthly rent payable is comprised of Sl.174.75 in Base Rent
(Paragraph 1 Residency Agreement) and $108.14 in additional rent (Paragraph 2 Residency
Agreement).
The term of the AGREEMENT expires on December 31, 2026. Paragraphs 1 and 2 of the
AGREEMENT provide for limited increases in Rent (both Base Rent and Additional Rent) during
the term of the AGREEMENT. Those limitations on rent increases will terminate on December
31, 2026, at which time BAYSIDE MHP intends to adjust the rent for the HOMESITE (both Base
Rent and Additional Rent), to the then market rental value. Pursuant to the California Mobilehome
Residency Law (Civil Code§ 798 et seq.), the then current Homeowner may remain a tenant of
the HOMESITE, so long as the then Homeowner pays the properly noticed rent and otherwise
observes the obligations of the Homeowner under the AGREEMENT. ASSIGNEE is hereby
notified of the anticipated rent adjustment to market rental value effective January 1,
2027. BAYSIDE MHP has a list of current rental values for the Community which are available
upon request.
Notice: Pursuant to Section 290.46 of the Penal Code. information about specified registered
sex offenders is made available to the public via an Internet Web site maintained by the
Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal
Bayside/Lease/Assignment & Assumption Res Agmt REV July 2019 2 of3
PA2022-0203
history. this information will include either the address at which the offender resides or the
community of residence and Zip Code in which he or she resides.
ASSIGNOR, ASSIGNEE and BAYSIDE MHP have executed this document voluntarily on the
dates shown below.
BAYSIDEMHP
By: Terra Vista Management, Inc.
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ANNE DANNER
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