HomeMy WebLinkAboutMARINA PARK FORM LEASE_02_LEASE_DOCUMENTS10:58 94972305f MARINA PARK PAGE 02
MARINAPARK
1770 WEST'SALBOA BOULEVARD
NEWPORT BEACH, CALIFORNIA 92663
RENTAL AGREEMENT
This Rental agreement ("Agreement') is entered into this _day of 2005, by
and between the CITY OF NEWPORT BEACH, a municipal corporation and Charter
City (City or Owner) and (Tenant),
and is made with reference to the recital and acknowledgments, the materiality and
existence of which is stipulated and agreed by the Parties:
A, City is the owner, and is in possession and control, of a parcel of real property,
located northerly of Balboa Boulevard and between approximately 15th Street
and 18th Street in Newport Beach, commonly known as Marinapark, generally
described in Exhibit "A" (Property).
B. The City Council has deemed a non-residential use of Marinapark the most
appropriate land use for the property. The City is currently investigating an
alternative use of the property and a decision to change the use of the property
may be made at any time. Notification of any decision to change the use of the
property has been or will be given in accordance with the Mobilehome
Residency Law, Section 798.56 (g) and other applicable law.
C. California State Lands Commission staff has asserted that a portion of the
Property consists of tidelands. City and Tenant have, In the past, claimed that
all or substantially all, of the Property leased for Mobilehome residency
purposes is uplands owned by City, and City and Tenant have discussed
various bases to support that claim.
D. The State Lands Commission staff has asserted that permanent residential use
of tidelands is inconsistent with State statutory, decisional and constitutional
law. However, City and Tenant may dispute that claim.
E. The terms and conditions of this Agreement are consistent, with the provisions
of the Mobilehome Residency Law (Section 798 et. seq. of the California Civil
Code).
F. You acknowledge having received, read and understood a copy of the attached
Mobilehome Residency Law and Park Rules and Regulations each of which is
incorporated by this reference.
G. The terms of residency shall be solely governed by law and by the terms of this
agreement. No salesperson, broker, financial institution or any person not
specifically employed by owner has the authority or right to make statements on
behalf of City. The resident managers have no authority to modify this
/2005 10:58 94972305io MARINA PARK PAGE 03
agreement. This is the exclusive agreement between City and Tenant.
H. A new Tenant warrants that Tenant has read, reviewed and executed a written
disclosure statement provided by the management at least three (3) days prior
to the execution of this rental agreement.
L The monthly rent may be adjusted at any time during the term of this
agreement (whether the term selected is month -to -month, twelve months, or a
term between one to twelve months), in the amount specified by the
management, on not less than ninety (90) days advance written notice, as per
Civil code section 798.30.
J. EQUAL HOUSING OPPORTUNITY: WE DO BUSINESS IN ACCORDANCE
WITH THE STATE AND FEDERAL FAIR HOUSING LAWS. IT IS ILLEGAL TO
DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR,
RELIGION, SEX, SEXUAL ORIENTATION, HANDICAP OR DISABILITY,
FAMILIAL STATUS SOURCE OF INCOME, NATIONAL ORIGIN OR
ANCESTRY OR FOR ARBITRARY REASONS UNDER STATE LAW.
NOW, THEREFORE, the Parties do hereby mutually agree as follows:
1. DESCRIPTION OF PREMISES
The City hereby rents to the Tenant, and Tenant accepts the rental of space
number as shown on Exhibit "A" (Premises) in Marinapark, 1770 West
Balboa Boulevard, Newport Beach, California 92663.
2. TERM (select one option as provided)
El The tenancy created under this Agreement shall be on a month -to -month
basis and shall commence on 2oo,_,_,
Q The tenancy created under -this Agreement shall be for a period of twelve
(12) months and shall commence on 200_, unless
sooner terminated in accordance with the terms of this Agreement;
o The tenancy created under this Agreement shall be for a period of
months (from one [1] month to twelve [12] months) and shall commence
on 200, unless• sooner terminated In accordance with
the terms of this Agreement.
Rental agreements of varying duration including a twelve (12) month or
less and month -to -month have been offered. It is acknowledged that this
agreement is chosen from such alternatives. The twelve (12) month or
less agreement Is and remains a continuing option for the tenant upon
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expiration of the rental agreement under which the tenant had been
residing until the said expiration of its term.
3. RENT
A. The monthly rent is $ per month. Tenant shall pay as rent to Owner
Without deduction or offset (without waiving Civil Code Section 1942) and on
the first day of each month: (1) the monthly rent (as it may be adjusted as
specified herein); (2) all utility charges billed to Tenants by Owner during each
month as described herein (please note: utility rates for utilities billed to Tenant
by Owner are set by the Public Utilities Commission and other governmental
agencies. Therefore, charges for these utilities may be increased at any time in
accordance with the rates established by these entities and no advance notice
of Increases in such rates will be given to Tenant by Owner); and, (3) guest
charges (with applicable exceptions pursuant to the Mobilehome Residency
Law), of $ per day for any guest who stays more than twenty
consecutive days or more than thirty days in a calendar year.
B. Owner may charge a reasonable fee for services relating to the maintenance of
the land and premises upon which the Mobilehome is situated in the event the
Tenants fail to maintain such land or premises in accordance with the Rules
And Regulations of the Park after written notification to the Tenants and the
failure of the Tenants to comply within fourteen (14) days. Tenants are not
entitled to offset or deduct rent, or reduce the amount of rent by reason of any
claim against Owner, unless by order within the final judgment of a court of
competent jurisdiction. Such charges shall be billed as further rent or as a
permissible fee at owner's option, and added to the monthly rent billing payable
on the first of the month following the date of completion of the work performed
by the management.
C. Tenants shall pay when due all real property taxes attributable to Tenant's
mobilehome and all improvements made by Tenant to Tenants mobilehome
space and all municipal, county, stale, federal and other taxes, fees,
assessments and levies (except 'Owner's income taxes and franchise taxes)
levied upon the Premises, or Tenant or Owner, in connection with the use and
occupancy of the Premises by Tenant.
D, All rent payable hereunder shall be paid in advance on the first day of each
month together with all other charges set forth on the monthly billing statement,
in full without deduction, offset, reduction, discount, claim of collateral debt or
other obligation owing, Specifically, Tenants are not entitled to offset or deduct
rent, or reduce the amount of rent by reason of any claim against Owner by
reason of any independent, collateral or other legal obligation or dispute. The
entitlement to rent shall not be deemed cross -collateralized with or against any
other legal obligation or dispute for which. Owner is claimed to be responsible to
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Tenants. Payment shall be in the form of personal check, money order, or
certified funds. Owner may however demand all prospective payments in cash,
on not less than at least ten (10) days advance written notice. If the rent is not
timely paid, demand notices to pay or quit may be served as soon as legally
permitted. Rent and all other charges will be late if not paid in full by 5:00 p.m.
on the 5th day of each month. Tenants must pay a late charge whenever rent
or other charges are paid more than five (5) days after they are due in the
amount of Thirty -Five dollars ($35.00) and a handling charge whenever a check
is returned for any reason in the amount of Twenty-five dollars ($25.00).
Payment will be made at the Park Office.
E. Monies received for rent or other charges may be applied to the earliest
outstanding sums ("first in, first out") and to utilities first at Owner's discretion,
despite payer's instructions or endorsements purporting to restrict application of
payment to a specific month or time period, or purporting to pay -In -full, satisfy
or extinguish the amount or arrearage due or portion thereof. Partial payments
of monthly rents or other charges may be rejected and constitute a breach of
this agreement. However, tender of a part payment shall not be construed as
an accord and satisfaction or release of any indebtedness if accepted, despite
Tenant's purported instructions or restrictive endorsements to the contrary.
Acceptance of a part payment is not a waiver of the balance billed or due. The
period of time prior to the imposition of the late charge is not a grace period or
option to pay late.
4. UTILITIES
A. Owner shall provide and separately bill to Tenant the following utilities: natural
gas at the beginning rate of $22.00, Water connection, sewerage connection,
water usage, and sewerage usage is Included in monthly rent.
B. City shall not provide electricity or telephone service. Tenant shall make
arrangements directly with the utilities furnishing these services and pay such
utilities directly for them. Tenant shall contract with and pay directly for all other
utilities it may require. The'oharge for gas shall be paid when rent is due, and
is in addition to the obligation to pay rent. in the event Tenant tails to pay the
charge for water or gas service within ten (10) days after the amount is due,
Tenant shall pay to City a late charge of thirty-five dollars ($35.00). In the event
City provides both master meter and submeter service of utilities to Tenant, the
cost of the charges for each billing period shall be separately stated and shall
contain opening and closing readings of the meter. In such event, City shall
post rates charged by the appropriate utility in a conspicuous place. The
charge to Tenant for gas service shall be the amount of the charges paid by
Tenant as of June 1, 2002 ($22.00 per month). The charges for gas service
may be increased or decreased on or -after the first day of October. Owner
further reserves the right to charge for any other separately -billed or
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submetered utilities or for services actually rendered under Civil Code §798.32
(without reduction of rent or other charges) or Civil Code §798.41 (with
reduction In rent equal to cost of'Initlal separate billing amounts). Such amounts
shall also be deemed to constitute further monthly rent.
G. Owner shall not be liable for any loss or injury, and Tenant shall not be entitled
to any abatement or reduction of rent by reason of Owner's failure to furnish
any of the foregoing utilities when such failure is caused by accident, breakage,
repairs, strikes, acts of third parties, labor disputes or by any other cause,
similar or dissimilar beyond the reasonable control of Owner. (Please Note: The
provisions of the paragraph below entitled "Indemnification" apply to this
paragraph).
D. Tenant shall not connect, except through existing electrical or natural gas
outlets or water pipes on the Premises, any apparatus or device for the purpose
of using electric current, natural gas, water or other utility.
E. PLEASE READ CAREFULLY! FROM TIME TO TIME, THE SERVING PUBLIC
UTILITY MAY SUFFER OR CAUSE POWER OUTAGES TO THE PREMISES.
POWER OUTAGES ARE CAUSED BY MANY FACTORS: Storms, wind, heat,
ice and high demand are the most common causes of widespread power
outages; high power demand during heat waves and other times of unusually
high demand may overburden electric cables, transformers, and other electrical
equipment of Southern California Edison which then melt and fall.
F. CAUTION: INTERMITTENT POWER INTERRUPTIONS ARE FOLLOWED BY
RESTORATION OF ELECTRICITY WHICH MAY CAUSE SURGES IN
ELECTRICAL POWER. POWER SURGES OFTEN AFFECT UNPROTECTED
CONSUMER HOUSEHOLD APPLIANCES SUCH AS ELECTRONIC
EQUIPMENT (COMPUTERS, STEREOS, RADIOS, ETC.). THE. OWNER IS
NOT RESPONSIBLE FOR THE DISRUPTIONS, OUTAGES, SURGES, OR
OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE
TO THE PREMISES WHICH ARE CAUSED BY SOUTHERN 'CALIFORNIA
EDISON. TENANT AGREES THAT OWNER IS FULLY AND
UNCONDITIONALLY RELEASED AND.DiSCHARGED FROM ANY AND ALL
LIABILITY WHICH ARISES AS A RESULT OF THE ACTS AND OMISSION OF
THE UTILITY COMPANY. IT IS THE RESPONSIBILITY OF THE TENANT,
EXCLUS!V1=LY, TO EXERCISE PRUDENT CARE FOR PROPERTY WHICH
MAY BE AFFECTED BY DISRUPTIONS, OUTAGES, SURGES, OR OTHER
IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE
PREMISES, ACCORDINGLY, TENANT HAS THE RESPONSIBILITY TO
TAKE. THE FOLLOWING PRECAUTIONS:
Tenant has the responsibility, always, TO USE SURGE PROTECTORS
FOR THE PROTECTION OF TENANT'S PROPERTY, especially for
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10:58 949723059h MARINA PARK a PAGE 07
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,
2. Turn off and unplug all appliances and other electrical equipment, except
for a single light bulb, which will be the signal your power has been
restored. This helps ensure against circuit overloading, which could
delay restoration of service.
3. In the event of an outage, do not use candies for lighting during an
outage, since they create a fire hazard. Use flashlights or battery -
powered lanterns instead.
4. Check the neighborhood to see if others have their power. If they do, the
problem may be a "tripped" circuit' breaker.
G. IT IS RECOMMENDED THAT TENANT OBTAIN A HOMEOWNER'S
INSURANCE POLICY TO COVER DAMAGE, LOSS AND LIABILITY
ASSOCIATED WITH THE DISRUPTIONS, OUTAGES, SURGES, OR OTHER
IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE
PREMISES AND OTHER RISKS.
H. TENANTS ARE RESPONSIBLE FOR MAKING SURE THAT THEIR
MOBILEHOMES AND ALL APPLIANCES AND EQUIPMENT ARE
COMPATIBLE WITH THE ELECTRIC SERVICE NOW AVAILABLE, AND
OWNER SHALL HAVE NO LIABILITY OR RESPONSIBILITY IF THE
AVAILABLE ELECTRICAL SUPPLY IS INCOMPATIBLE OR INSUFFICIENT.
TENANTS ARE RESPONSIBLE TO MATCH THE RATING FOR THE
MOBILEHOME TO THE SERVICE PROVIDED AT THE PEDESTAL AND NOT
EXCEED IT. TENANT PROMISES THAT THE MOBILEHOME SHALL NOT
EXCEED SUCH RATING. TENANT RELEASES OWNER FROM FAILURE TO
COMPLY WITH THE AMPERAGE RATING OR EXCEEDING AVAILABLE
SERVICE. THIS RELEASE IS NOT INTENDED TO RELEASE OWNER FROM
OWNER'S WILLFUL MISCONDUCT OR ACTIVE NEGLIGENCE, BUT ONLY
TO THE EXTENT ALLOWED BY LAW. TENANT SHALL FORBEAR FROM
CONSUMING MORE AMPERAGE THAN THE EXISTING RATING FOR THE
HOMESITE, TO AVOID DAMAGE TO OWNER'S PROPERTY AND TO THE
PROPERTY OF OTHERS..
IF THE MOBILEHOME, APPLIANCES AND EQUIPMENT IN THE
MOBILEHOME ARE NOT COMPATIBLE WITH THE ELECTRIC SERVICE
AND CAPACITY NOW AVAILABLE OR EXCEEDS AVAILABLE SUPPLY AT
THE PEDESTAL, TENANT SHALL "DE -AMP' (REDUCE THE RATING FOR)
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THE MOBILEHOME OR DISCONTINUE EXCESS DEMAND TO ENSURE
AGAINST ANY OVERLOADING OR CAUSING ANY DISRUPTION IN
SERVICE. OWNER SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO
TENANT IF THE AVAILABLE ELECTRICAL" SUPPLY IS INSUFFICIENT OR
INCOMPATIBLE. TENANT IS EXPRESSLY LIABLE FOR SERVICE
DISRUPTIONS CAUSED BY EXCESSIVE DEMANDS ON THE ELECTRICAL
SYSTEM WHICH SHALL FURTHER BE DEEMED A DEFAULT AND BREACH
OF THE TENANTS' OBLIGATIONS UNDER THIS AGREEMENT,
With respect to the provision of any services or facilities (including utilities) to
Tenant, any prevention, delay, or stoppage due to strikes, walkouts, or other
labor disputes, acts of God, inability to maintain labor or materials or
reasonable substitutes for them, governmental restrictions, regulations or
controls, judicial orders, fire/flood or other natural disaster or casualty,
breakage, repairs, and other causes beyond owner's reasonable control, will
excuse performance of these obligations for a time period equal to the delay.
Tenants will remain responsible, without abatement or reduction, for the rent,
utilities, and other charges to be paid per the terms of this Agreement. Owner
will use reasonable efforts to reinstate or repair any services or facilities,
including utilities, which have been interrupted as set forth hereinabove. If
Tenants feel that Owner is not using reasonable efforts to reinstate such
services or facilities, Tenants shall mediate the matter pursuant to the
agreement or paragraph contained herein entitled "mediation and reference of
disputes" if and only if Tenants have consented to that provision or desire to do
so by mutual agreement (at the time the dispute arises) which provides for an
alternate dispute resolution procedure of such dispute. Owner will not be liable
under any circumstances for loss of or injury to property, however occurring
through or in connection with or incidental to the failure to furnish any services
of facilities (including utilities).
K. RESIDENT COVENANTS NOT TO CONSUME MORE AMPERAGE THAN
THE EXISTING RATING FOR THE SPACE, $O AS TO AVOID DAMAGE TO
OUR PROPERTY AND TO THE PROPERTY OF OTHERS, We will provide
utilities and or services as specified on page one of this agreement, Any
separate charges for natural gas, electricity and water as applicable will be on a
submetered basis (if not separately charged at the inception of this agreement,
owner reserves the right and power to do so on proper notice, with or without
electing to reduce rent as ,per CC §798.41). Civil Code Sections 798.41 or
798.32 allow for further separated billing of utilities with corresponding
reduction of rents and such option is reserved.
6, CIVIL CODE NOTICE RE: SERVICES AND IMPROVEMENTS
Owner Is responsible for providing and maintaining the existing services and.
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existing physical improvements located in the common facilities in good
working order and condition and you agree that these responsibilities of the
Park are as defined and limited by this Agreement. The services include the
following:
(i) Park Management Services and those items set forth on page one;
(11) Maintenance of the physical improvements of the park, including the
streets, walkways, and, common areas.
Management shall have a reasonable period of time, with respect to the
physical improvements in the common facilities, to repair the sudden or
unforeseeable breakdown or deterioration of these improvements and bring the
improvements into good working order and condition after management knows
or should have known of the breakdown or deterioration. The period of time to
do so shall not exceed: as soon as possible where health and safety is
affected, and thirty days except where exigent circumstances justify a delay; or,
otherwise as specified by law. Such repairs or other appropriate action shall be
accomplished as soon as possible in the event of any condition which may
relate to health and safety. With respect to providing any services or facilities,
any prevention, delay, or stoppage due to strikes, walkouts, or other labor
disputes, acts of God, inability to obtain labor or materials or reasonable
substitutes for them, governmental restrictions, regulations or controls, judicial
orders, firetflood or other natural disaster or casualty, breakage, repairs, and
other causes beyond the reasonable control of the Park, will excuse the Park's
performance of these obligations for a time period equal to the delay. You will
remain responsible, without abatement or reduction, for the rent, utilities, and
other charges.
A. Tenant agrees to notify management immediately of any breakdown,
Interruption, deterioration, or failure of any physical improvement, utility,
amenity, facility or service so a response to promptly to fulfill maintenance
responsibilities can be given. Management depends on notice to avoid and
mitigate loss, damage, injury and other liability by Tenant's prompt notice when
applicable, Tenant's good faith cooperation is important to enabling
management to timely respond.
B. Management's reasonable and conscientious efforts to maintain the Park,
despite prudent effort, will probably not be perfect. From time to time, repairs
and improvements may be needed, and Tenant may be inconvenienced.
Management hopes Tenant will please cooperate and be patient. Management
will reasonably endeavor to avoid material disruption and interference with quiet
enjoyment, and to provide advance notice of substantial interruptions or
interference which are planned or scheduled. Tenant agrees that a reasonable
job in maintaining the Park fairly , describes Tenant's expectation of
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management's duty to maintain the park. Management shall provide physical
improvements and services in the Park, However, services, facilities, amenities,
landscaping and other improvements In the common areas may change based
upon conservation interests and concerns; such changes may include drought
resistant landscaping, and additions, alterations or deletions of services and
facilities without reduction, discount of other offset from monthly rents. Such
changes will not alter other commitments under'thls Agreement Tenant will
have the opportunity to consult if desired. An average and habitable residential
environment is provided, but not a perfect one as with any residential
neighborhood. Physical Improvements include existing common areas, office,
streets, any recreational facilities, buildings and interior improvements,
landscaping, meeting rooms, pools, related improvements and equipment.
S. USE OF PREMISES
A. The Premises shall be used only for residential purposes, and no business or
commercial activity shall be conducted on the Premises. Tenant agrees not to
do anything that will constitute waste, nuisance, or unreasonable annoyance.
Tenant agrees to do nothing to cause damage to the space or park. Tenant
agrees not to permit any act or maintain or permit to be maintained any
condition on your space or mobilehome which may cause an increase in the
rate of insurance City pays or increase costs of maintenance and repair. No
activity shall be permitted which requires the issuance of a business license or
permit by any governmental agency, or which is inconsistent with community
zoning and conditional use permits, which would increase the risk of harm to
the management or to any other person or property, increase noise, dust,
vibration, odors or fumes, smoke, or any other condition offensive to the senses
or which causes reasonable complaint, breaches the covenant of quiet
enjoyment or reduces property values; which would increase foot or vehicular
traffic, results in deliveries and delivery trucks, require storage of any thing
outside the mobilehome, require additional employees or other persons on the.
space, or affect parking. Permitted occupants are:
Tenant;
An additional person if Tenant is living alone;
(lit) Family members and sub -lessees entitled to occupy the premises
pursuant to the Mobilehome Residency Law; and
(iv) Short term guests. The term "short term guest' shall mean any person
who does not stay with Tenant for more than a total of twenty (20)
consecutive days or a total of thirty (30) days in any calendar year. Other
persons may not occupy the Premises with the prior written consent of
City.
C.
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B. Tenant agrees to comply with the Rules and Regulations of Marinapark (Exhibit
'B' and further agrees these Rules and Regulations may be amended as
provided in the Mobilehome Residency Law or other relevant statute.
7.
City reserves the right to take the position that the past rents have been below
market and constitute consideration to be applied against relocation costs upon
closure of the Park. Tenants reserve the right to dispute City's position.
8. RELEVANT STATUTES AND RULES
The Mobilehome Residency Law requires this Agreement to contain, among
other things, the Rules and Regulations of Marinapark and the language of the
Mobilehome Residency Law, The Rules and Regulations of Marinapark are
attached as Exhibit "B," the provisions of the Mobilehome Residency Law are
attached as Exhibit "C," and both documents are incorporated into this
Agreement by reference. The Marinapark Rules and Regulations and the
Mobilehome Residency Law may be amended or modified from time to time,
and these amendments and modifications shall be deemed to be incorporated
into the documents attached as Exhibits "B" and "C," respectively, when
effective.
A. SALE OR ASSIGNMENT
Subject to the terms of this Section, Tenant may sell the mobilehome located on the
Premises pursuant to the rights, and subject to the obligations, of Tenant under the
Mobilehome Residency Law and any other applicable statutes. If the mobilehome
that is the subject of the sale or transfer is to remain on the Premises, or if Tenant
proposes to assign Tenant's interest in this Lease to any person or persons who is
(are) to reside on the Premises, Tenant and/or the proposed transferee must do the
following:
A. Tenant must give notice of the sale or assignment to City prior to close of
escrow.
B. The sale or assignment shall not be effective unless City has given prior written
approval, the transferee has executed a new rental agreement provided by
City, and the transferee has expressly agreed to be bound thereto.
C. Tenant agrees that occupancy of the Premises shall be limited as provided in
this Agreement and Tenant agrees not to sublease or otherwise transfer any
partial Interest in this Agreement.
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D. The requirements for any mobilehome proposed to be installed on the space is
as follows: Management must first approve a mobilehome before it may be
installed in the park. No mobilehome which in excess of twelve feet in height
may be installed in the park. The proposed mobilehome must fit upon the space
In the position specified by management. Management reserves the right to
require the largest possible mobilehome commercially available to be sited
upon the space. Established set backs must be honored, and may not be
changed. Roof material must be non -glare composition or wood shake
shingles for the mobilehome, awnings and any storage or other structures on
the space. All installations and improvements must be approved by
management before work is commenced to avoid damage to underground
utilities. Management must further approve a written plan, to be submitted for
approval as required by law, showing the proposed location with measurements
and dimensions evidencing conformance to all setback requirements required
by law including Title 25 of the Code of Administrative regulations and local
ordinances. A tie down system in compliance with §1336.3 of Paragraph, (a) of
Title 25 .is required. A vapor retarding ground cover of six (6) mil polyethylene
or equivalent over the ground, under the home is required_ Under floor areas
shall be ventilated 1 sq. ft. for each 150 sq. ft. of under floor area. Air
conditioners, compressors and necessary accessories will be considered and
approval of same shall be at management's sole discretion. No changes shall
be made to the grade of the lot that would cause any runoff to adjacent space
or common areas. Lot must meet HCD requirements for drainage. Only mobile
homes manufactured in 1976 or later are permitted. No new cabanas may be
constructed. Eaves are permitted only If applicable set back requirements can
be met. Hitches must be removed from home and stored under the
mobilehome. Porch, steps and ramps must be built to Title 25 Requirements.
No aluminum porches are permitted, and shall not encroach set back
requirements or required parking space. Any required handrail, porch, or step
railing shall be wood, painted to match home/trim color. No upgrading or
tampering with the electrical /gas service shall be permitted even by a licensed
contractor. No mobilehome is permitted which is rated at higher amperage than
the pedestal. Additional requirements are set forth in the rules and regulations.
E. Notwithstanding any other provision in this Agreement, Tenant shall have the
right to assign its interest in this Agreement to a spouse, son and/or daughter
provided, however, the Premises shall be used as the primary residence of the
assignee and the assignee shall be bound by ail provisions of this Agreement.
F. City shall approve any such transfer, if the transferee has the financial ability to
pay the rent and charges and otherwise comply with the terms and conditions
of this Agreement, provided, however, City may withhold approval if ft
determines that, based upon the transferee's prior tenancies, the transferee will
not comply with the Rules and Regulations of Mannapark (Exhibit " 13").
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10. SUBLEASING
A. The Premises shall constitute Tenanfs residence, whether primary or
secondary. Tenant agrees not to sublease or rent the mobilehome or otherwise
transfer any interest in this Lease, except to the extent that the right to sublet
or transfer is specifically provided by this Agreement.
B. Management shall permit a tenant to rent his or her mobilehome that serves as the
homeowner's residence or sublet his or her space under the circumstances
described in and in compliance with the provisions of AB 1410 effective January 1,
2003. Only one mobilehome may be subleased by the tenant though the tenant
may own or control one or more mobilehomes or homesites In the Park.. Any sub-
lease created In compliance with AB 1410 shall not create a landlord/tenard
relationship as between City and sublessee. It is specifically agreed and understood
that Sublessee cannot become a resident by attempting or purporting to pay City
such monies. Receipt, retention, acceptance or possession of any monies from the
sublessee shall only be on behalf of the Tenant. As between City and sublessee
there is no privity of estate or contract. Tenant hereby further agrees to defend and
indemnify City, at Tenants sole expense, from any claims, liabilities, or actions
brought by sublessee against the Park or for any action brought against the City by
any person arising out of conduct related to Sublessee's conduct within the Park.
11. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS
Tenant shall, at its cost and expense, maintain in good order and condition any
mobilehome, cabana or other improvement located on the Premises. Tenants
also agree that all landscaping on the Premises shall be limited to three feet (3)
in height, to preserve views and open space. City may charge a reasonable
fee for services relating to the maintenance of the Premises in the event Tenant
fails to maintain the Premises in accordance with the provisions of this
Agreement and the Rules and Regulations of Marinapark (Exhibit "B"), after
giving written notification to Tenant and Tenant's failure to comply within
fourteen (14) days from the date of written notice. The written notice shall
contain all information required by the Mobilehome Residency Law.
12. PKYSICAL IMPROVEMENTS AND SERVICES
Tenant shall have the nonexclusive right to use all of the common areas and
common facilities located within Marinapark, including but not limited to streets,
non -restricted parking areas, laundry facilities, restrooms and showers located
in the common areas and common facilities and designated for use by
residents.
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13.
City retains the right to amend or modify the Marinapark Rules and
Regulations, the Terms of this Agreement, and the nature of the physical
improvements or services to be provided, after complying with the provisions of
the Mobilehome Residency Law and other applicable law. The right to amend
the Terms of this Agreement, the Marinapark Rules and Regulations and the
physical improvements and services to be provided by City include, without
limitation, the right to reduce the size of, or eliminate, any physical
improvement, common area, common facility or equipment without
corresponding reduction or adjustment in rent.
14_ RIGHT OF ENTRY
Tenant, subject to the right of revocation as set forth in the Mobilehome
Residency Law, hereby grants written consent to City to enter the premises for
the purpose of inspecting, improving, maintaining, repairing or replacing gas,
water and sewage systems owned and maintained by City. Subject to the
obligation of City to exercise ordinary care, any damage, loss or injury to
Tenant's home, property of Tenant or the Premises which results from efforts of
City to maintain, repair, improve or replace the gas, water or sewage systems
shall be the sole responsibility of Tenant, and City shall not be responsible for
reimbursing any cost or expense incurred by Tenant as a result of such efforts,
nor shall City be responsible for repairing, replacing or otherwise restoring the
mobilehome, the Premises or any improvements thereon to the state or
condition immediately prior to the maintenance, replacement or repair efforts.
The rights and duties set forth in this paragraph are intended to implement and
shall be exercised consistent with the Mobilehome Residency Law.
15. NOTICE REQUIRED BY CIVIL CODE SECTION 2079.10(a)
The California Department of Justice, county sheriffs departments, police
departments serving jurisdictions of 200,000 or more and many other local law
enforcement authorities maintain for public access a data base of the locations
of persons required to register pursuant to paragraph (1) of subdivision (a) of
Section 290.4 of the California Penal Code. The database is updated on a
quarterly basis and is a source of information about the presence of these
individuals in any neighborhood. The Department of Justice maintains a Sex
Offender Identification Line through which inquiries about individuals may be
made. This is a "900" telephone service. Callers must have specific information
about individuals they are checking. Information regarding neighborhoods is not
available through this telephone service.
16. HOLD HARMLESS
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09/07/2005 10:58 9497230* MARINA PARK • PAGE 15
A, Tenant covenants to indemnify, defend and hold City, and its representatives,
officers, agents and employees, harmless from any and all claims or demands
of any name or nature whatsoever arising out of, or incident to, Tenant's use
and occupancy of the Premises, and to indemnify City for any cost, liability or
expense caused by or arising out of any Injury or death of persons or damage
to property which may occur upon or about the Premises or caused by or
arising out of any activities or omission of Tenant, or Tenant's agents,
employees, licensees and/or invitees, including, without limitation, injury or
death of Tenant, or Tenant's agents, employees, licensees and invitees and
damage to their property or Tenant's property, except for any damage or injury
of any kind arising out of the active negligence, fraud or willful misconduct of
City, its representatives, officers, agents or employees. This section is intended
to provide City with a release from liability to the fullest extent allowed by law
and not exceeding the rights of the City to do so either under Civil Code section
1953 ("[a] Any provision of a lease or rental agreement of a dwelling by which
the lessee agrees to modify or waive any of the following rights shall be void as
contrary to public policy: ... [5] His right to have the landlord exercise a duty of
care to prevent personal injury or personal property damage where that duty is
imposed by law") or section 1668 ("All contracts which have for their object,
directly or indirectly, to exempt anyone from responsibility for his own fraud, or
willful injury to the person or property of another, or violation of law, whether
willful or negligent, are against the policy of the law"). City does not admit the
applicability of section 1953 to a mobilehome space.
B. Tenant, as a material part of the consideration under this Agreement, hereby
waives all claims against City for any damage or loss from any cause arising at
any time, including, but not limited to fire, theft, Acts of God, vandalism or any
physical damage while the mobilehome remains on the Property, unless
caused by the active negligence or willful misconduct of City's representatives,
officers, agents or employees. Tenant agrees to indemnify and hold City, and
its representatives, officers, agents and employees, harmless from and on
account of any and all damage or injury to any person or equipment in or on the
mobilehome arising from any cause or from the negligence of Tenant, and
Tenant's family or guests.
C. ANY CLAIM OR SUIT BETWEEN THE PARTIES FOR DAMAGES FOR
PERSONAL OR BODILY INJURY OR PROPERTY DAMAGE AND OTHER
APPLICABLE CLAIMS MUST BE COMMENCED IN ACCORDANCE WITH
THE PROCEDURES FOR MAKING CLAIMS AGAINST GOVERNMENTAL
ENTITIES PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA
GOVERNMENT CODE.
D. The value of the mobilehome may decline. Since a substantial portion of the
present value of Tenant's mobilehome or coach is attributable to the rent
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09/07/2005 10:58 949723018 MARINA PARK . PAGE 16
charged by this lease, the value of the premises and the proximity of the
premises to lower Newport Bay, you should investigate before purchasing.
City's only obligation is to provide reasonable cost of relocation on
closure of the park, Please investigate thoroughly before executing this
agreement
17, TERMINATION
A. Tenant may terminate this Agreement, without any further liability to city, upon
sixty (60) days written notice to City and upon condition that all persons
occupying the mobilehome terminate -their tenancy within that period and
remove the mobilehome and all other improvements from the park
B. City may terminate this Agreement for the reasons specified, and according to
the procedures set forth in the Mobilehome Residency Law.
18. ATTORNEYS' FEES
Should either City or Tenant be required to employ counsel to enforce the
terms, conditions and covenants of this Agreement, the prevailing Party shall
recover all reasonable attorneys' fees (and court costs if applicable) incurred
therein pursuant to the Mobilehome Residency Law,
19. REMEDIES CUMULATIVE
The rights, powers, elections and remedies of the Parties contained in this
Agreement shall be construed as cumulative and no one of them shall be
considered exclusive of the other or exclusive of any rights or remedies allowed
by law, and the exercise of one or more rights, powers, elections or remedies
shall not impair or be deemed a waiver of either Party's right to exercise any
other.
20. NO WAIVER
A. No delay or omission of either Party to exercise any'right or power arising from
any omission, neglect or default of the other Party shall impair any such right or
power or shall be construed as a waiver of any such omission, neglect or
default on the part of the other Party or any acquiescence therein. No waiver of
any breach of any of the terms, covenants, agreements, restrictions or
conditions of this Agreement shall be construed as a waiver of any succeeding
breach of the same or of any of the terms, covenants, agreements, restrictions
or conditions of this Agreement.
B. Acceptance of rent shall not reinstate or create a tenancy. Conditional
acceptance of rent pending approval of tenancy shall not be deemed to create
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09/07/2005 10:58 94972305M MARINA PARK AM PAGE 17
a tenancy or waive any requirements applicable to tenancy, purchaser
application or approval requirements or assignment or transfer requirements_
Acceptance of rent after service of a notice to terminate tenancy as specified in
Civil Code §798.57 shall not waive, affect or prejudice the notice. Nor shall
routine service of other notices, Management communications, or other actions
or omissions of the Management waive, prejudice, or affect the right to
terminate tenancy, process a purchaser application and approve a tenant for
tenancy, or otherwise affect the rights of Management. Possession of rent by
the resident manager shall not be acceptance until actually approved by the
park owner; accordingly, the receipt by or the tender of payment to the resident
park manager shall be conditional and for custody purposes only until• approved
and accepted by the park owner.
C. Owner may exercise any right under the terms of this agreement, or the Rules
and Regulations as amended or modified, or any other right of the management
under applicable law, and do so on or at any time subsequent to the date such
right became effective hereunder, and do so retroactively to the date the right
initially became effective or enforceable, 'by and upon demand for performance,
including payment of any rent adjustments or other monies from or for the date
such right first accrued through to and including the date of the demand and
thereafter. Any delay, forbearance, whether intentional or inadvertent, in
enforcing any right of the management for which subsequent demand is made
shall not be construed as a waiver, estoppel, release or acquittal thereof,
accord and satisfaction thereof, settlement in whole or part thereof, shall not
constitute (aches in respect thereto; and, shall not render any such right
unenforceable or be a defense against enforcement of such rights from the time
such right could first be exercised and thereafter.
21. COMPLIANCE WITH LAWS
A. Tenant covenants and agrees to comply with all rules, regulations, statutes,
ordinances and laws of the State of California and City or any other
governmental body or agency having lawful jurisdiction over the Premises
and/or the Property. Tenants agree to abide and conform with all the terms and
conditions of this Agreement, the Rules and Regulations, all rules, regulations,
terms and provisions contained in any document referred to in this Agreement,
and said rules, regulations terms, and provisions as may from time to time be
amended modified or otherwise changed by Owner as permitted by the terms
of this Agreement.
B. Any violation of the Rules and Regulations shall be deemed a public nuisance.
Tenants agree that a breach of this Agreement or any of the Rules and
Regulations cannot reasonably or adequately be compensated in damages in
an action of law, and therefore, Owner shall be entitled to injunctive relief
including but not limited to restraining Tenants (or family members, guests or
it
09/07/2005 10:58 9497230V MARINA PARK • PAGE
other Invitees) from continuing to breach any such rules or regulations term or
condition or to allow a condition violative of a rule or regulation term or
condition to exist or continua to exist without proving irreparable harm or lack of
adequate legal remedy.
22.
Pursuant to Civil Code section 798.27 ((a) the management shall give written
notice to all homeowners and prospective homeowners concerning the
following matters: (1) the nature of the zoning or use permit under which the
mobilehome park operates, If the mobilehome park is operating pursuant to a
permit subject to a renewal or expiration date, the relevant information and
dates shall he included in the notice....'), Tenant is hereby notified as follows.
A. Tenant acknowledges having received and read a copy of the provisions of the
Mobilehome Residency Law (Exhibit "C") as presently constituted, and the
Madnapark Rules and Regulations (Exhibit "B").
B. The Property is currently zoned "Planned Community." There are no conditional
use permits or other permits required to operate the Property as a mobilehome
park. City owns the Property, but its use may be limited to the extent the
Property is determined to be tidelands and subject to the public trust applicable
to tidelands.
23. ENTIRE AP-REEMENT
This Agreement and the documents referred to herein constitute the entire
agreement between Tenant and Owner pertaining to the subject matter
contained herein and supersedes all prior and contemporaneous agreements,
representations and understandings of the parties, whether written or oral.
Paragraph titles are for identification and reference only and are not part of this
Agreement and shall not be used to interpret this Agreement Each term and
provision of this agreement to be performed by the Tenant or which is a duty of
the Tenant shall be deemed to be both a condition and a covenant.
Additionally, a breach of any each such term and provision shall also be
deemed to constitute a rule and regulation for purposes of Civil Code section
798.56 and may constitute grounds for the termination of tenancy as a violation
of a rule and regulation.
24. NOTICES
All notices and other communications shall be in writing, shall be sent by first
class registered or certified United States mail, postage prepaid, and shall be
deemed effective at the expiration of seventy-two (72) hours after the day of
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m
09/07/2005 10:58 94972305* MARINA PARK • PAGE 19
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 Tenant;
and
To Tenant:
By delivering a copy to the Tenant personally; or Tenant be absent from
the mobilehome, by leaving a copy with some person of suitable age and
discretion who may be occupying the mobilehome; or no one can be
found, then by affixing a copy of the notice In a conspicuous place on the
Premises or mobile home and also sending a copy through the mail
addressed to Tenant. Since a substantial portion of the present value;of
Lessee's mobilehome or coach Is attributable to the value of the
premises and the and the proximity of the premises to lower Newport
Bay,
13. Following notice by City of any amendment, all other provisions of the Lease
shall remain in full force and effect in their original form.
25. TIME OF ESSENCE
Time is of the essence in this Agreement and each and every provision hereof.
26. EMINENT DOMAIN
If the entire Park, or a portion thereof so that, in City's sole opinion, the balance
remaining is not suitable for a mobilehome park, is taken under the power of
eminent domain, or is sold to any authority having the power of eminent
domain, either under threat of condemnation or while condemnation
proceedings are pending, then this Agreement shall automatically terminate on
IF
67/2005 10:58 94972305. MARINA PARK • PAGE 20
proper notice as of the date the condemning authority takes possession,
precondemns, notices its intent to condemn or files a condemnation action or
other action which relates thereto.
27. INSURANCE
Owner does not carry public liability or property damage Insurance to
compensate Tenants, Residents, guests or any other person from any loss,
damage or injury except those resulting from situations where Owner would be
legally liable for such loss, damage or injury. If Tenants desire such or similar
insurance coverage, it should be obtained by Tenants, insuring against loss
and casualty by fire, earthquake, flooding, theft, other liability and casualty
which relates to the mobilehome, other improvements and contents to full
insurable value, personal liability and such other insurance as is necessary and
appropriate. Tenants are advised to obtain a homeowner's policy In accordance
with the guidelines and requirements specked by a lender, and if no lender,
then in such sums and for such coverage as would be so required if so
financed.
28. PARTIAL INVALIDITY
Certain terms and provisions of this Agreement and other documents referred
,to in this Agreement refer to restate or summarize provisions of the
Mobliehome Residency Law and other applicable laws. In every instance it is
intended that these references, restatements and summaries will accurately
reflect the law and correctly set forth Tenants' and Owner's rights liabilities
duties and obligations to one another and to other persons. The same Is true of
all of the other provisions of this Agreement and the other documents used by
the Park. If any of the provisions of this Agreement or the other documents
used by the Park fail in any way to meet the above criteria then it is
unintentional and all such provisions shall be deemed to be automatically
revised to correctly reflect the Owner's and Tenants' rights, liabilities, duties
and obligations under the provisions of the Mobilehome residency Law and all
other applicable laws. Tenants agree to promptly notify Owner In writing of any
instance where Tenants believe that any of the provisions of this Agreement or
the other documents used by the Park fail to meet the above criteria. If any
term or provision of this Agreement or any document referred to in this
Agreement or the application thereof to any person or circumstances shall to
any extent be Invalid or unenforceable the remainder of this Agreement or the
other document or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable
shall not be affected thereby and each term and provision of this Agreement or
the other document shall be valid and be enforced to the fullest extent
permitted by law.
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09/07/2005 10:58 94972305M MARINA PARK - PAGE 21
29. ENTIRE AGREEMENT
A. The resident manager, other personnel, mobilehome dealers, the sales person
and seller from whom the mobilehome was purchased by Tenants and other
persons are not authorized to make any representations or agreements with
Tenants respecting the Community unless those agreements and
representations are contained in this Agreement and the other documents and
posted signs referred to in it. Therefore, Tenants agree that this Agreement and
the other documents and posted signs referred to in it are the entire agreement
between Tenants and Owner regarding the subjects covered by this
Agreement, other documents and signs. This Agreement, the rules and
regulations and the purchase agreement with Owner constitute the exclusive
statement of the agreement and supersedes all prior and contemporaneous
agreements, representations and understandings.
B. Each party has relied on his own examination of this Agreement and counsel of
his own advisers, and the warranties, representations and covenants in the
Agreement itself. Failure or refusal of either party to inspect the premises or
improvement, to read the Agreement or other documents or to obtain legal or
other advice relevant to this transaction constitutes a waiver of any objection,
contention or claim that might have been based on such reading, inspection or
advice, Additionally, in any interpretation of this Agreement it shall be deemed
that this Agreement and its exhibits were written by both parties.
C, It is further agreed by and between the parties that the legal relationship that
exists pursuant to this Agreement is a rental agreement, and that there are not
other legal rights or relationships inferred. Tenants warrant and agree that they
have no other rights, title or interest in the property upon which the Park is
located or in the above described space other than that which is specifically set
forth in this document.
30. DRAINAGE AND GRADING
A. The existing drainage pattern and grading of the space may not be changed
without Management's consent. Tenant is responsible for maintaining the
space so that water does not accumulate or stand under the mobilehome or on
the Space. Water on the space is required to drain off the space in a fashion as
to avoid runoff onto another mobilehome space. Tenant shall ensure the
skirting attached to the mobilehome is not extended into the grade which would
cause moisture or water to accumulate under the mobilehome. All watering
systems shall be installed, maintained and adjusted as necessary to avoid
water run-off and standing water on the premises. Any berms on the space
shall be installed and maintained to avoid the accumulation of water on the
space or under the mobilehome. Any masonry skirting must contain sufficient
openings as to prevent accumulation of water on the space or under the
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09/07/2005 10:58 94972305M MARINA PARK - PAGE 22
mobilehome.
B. Homeowner warrants to that the mobilehome and areas under the mobilehome
and homesite are free of and from mold. Homeowner is also responsible for
mold cleanup. The mobilehome should be inspected by a competent home
inspection contractor periodically. it is imperative to treat and remove all molds
as if potentially harmful. Among the conditions to be checked should be
presence of any mold in or about the mobilehome. The following are sources of
indoor moisture that may cause problems: flooding, backed -up sewers, leaky
roofs, humidifiers, mud or Ice dams, damp crawl spaces, constant plumbing
leaks, house plants -watering can generate large amounts of moisture, steam
from cooking, shower/bath steam and leaks, wet clothes on indoor drying lines,
clothes dryers vented indoors, combustion appliances (e.g. stoves) not
exhausted to the outdoors. Homeowner is responsible for avoiding any such
conditions and for remediation if same should occur.
31. NO THIRD -PARTY FLIGHTS
Tenant is not a, third -party beneficiary of any other agreement between Owner
and anyone. The terms and provisions may differ between rental agreements
and rules and regulations in force in the park, and no one may rely on the
enforcement of any other's rental agreement or rules and regulations. There
are no third party beneficiaries to this agreement.
32. NO RECORDING
No recording of this Agreement on any memorandum of this Agreement may be
made without the prior written consent of Owner, which consent may be
withheld In Owner's sole discretion.
33. LOT LINES
"Space" includes the area as defined by the perimeter of the mobilehome and
its horizontal projections of its accessory structures. This understanding is
based on the public ownership of the property on which the expectations of
occupation which Tenant may use and enjoy. Therefore, Tenant may not rely
on any markers to define the area of use and enjoyment to be expected due to
the rights of the public entitled to entry within the park.
34. ALTERATIONS AND ADDITIONS
Tenant agrees not to make any alterations, improvements, additions or utility
Installations to, on or about the homesite or mobilehome, nor install, remove or
change any existing improvements, or modify the drainage or landscaping nor
make any contract for such work without Owner's prior written consent and
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09/07/2005 10:58 9497230EM MARINA PARK
23
approval, Tenant is responsible for all conditions under the mobilehome
including grading, compaction, subsidence, drainage, moisture, and ventilation.
In giving or withholding consent to any such work, Owner may, at its option,
consider and base consent or refusal of consent entirely upon aesthetic
considerations and the compatibility of such changes to the Community. If
Tenant fails to obtain prior written consent and approval, all such alterations,
improvements, additions or utility installations shall be promptly removed at
Tenant's sole expense, upon Owner request.
35. OPPORTUNITY TO REMEDY
If, at any time, Tenant believes owner has not fulfilled any legal obligations,
Tenant agrees to immediately give owner written notice specifying what is
believed owner has failed to do and indicating what Tenant believes owner
must do in order to fulfill these obligations_ This notice shall be as detailed as
possible so that owner may fully understand Tenant's concerns. Tenant agrees
that owner will have at least ninety (90) days, or such longer period as is
reasonably necessary, after receipt of Tenant's notice to remedy the problem(s)
Tenant has identified. if Tenant fails to promptly give owner this written notice
as soon as Tenant is aware of any problem(s), or Tenant falls to give owner a
reasonable opportunity to remedy the problem(s), owner will have no liability to
Tenant for any expense, cost, damage or injury which Tenant may sustain as a
result of the problem(s). If owner fails to remedy the problem(s) within a
reasonable time after receipt of written notice, the problem(s) will be subject to
mediation if such an agreement has been reached between the Parties.
36. ENVIRONMENTAL PROTECTION
A. Proper "hazardous substances" and waste disposal is required of all Tenants.
Typical hazardous substances include automobile, boat and motorcycle
batteries, household batteries, cleaning fluids and solvents, gasoline, paint and
other thinners, oils, brake fluids, transmission fluids, radiator fluids and coolants
and petroleum products. No Tenants may keep or store, in any place including
within or about the mobilehome, homesite, storage shed or elsewhere in the
Community, any hazardous substances In excess of the quantities required for
typical single family household use. Additionally, Tenants may not cause any
environmental hazard, including any exposure to, contact with, spill or deposit
of any hazardous substance or waste. Tenants are prohibited from violating
any law relating to environmental protection, hazardous substances or waste.
This includes, but is not limited to, for example, changing or discarding auto
batteries, oil, brake and radiator fluids, automatic transmission fluid, air
conditioning gases, or grease in any motor vehicle or machine. Tenants may
not cause or allow hazardous substances or waste to be disposed of anywhere
in the Community, including, but not limited to, trash cans, trash bins, the
sewage disposal system, or any other trash or disposal area in the Gommunity.
gk�
09/07/2005 10:58 94972300 MARINA PARK • PAGE 24
Such substances must be physically removed from the Community and
disposed of elsewhere in compliance with law. In the event of any spill or
deposit of hazardous substances in the Community, Tenants are required by
law to Immediately notify management. Management reserves the right to
Inspect the homesite for hazardous substances.
B. In addition to other remedies allowed by law, Tenants will indemnify and hold
the Owner harmless for any such environmentally hazardous act or omission
prohibited by this rule or law, including any compensatory damages, statutory
damages, punitive damages, expense and attorneys fees and costs sustained
by the Community, Tenants will also be required to reimburse the Community
for any actual attorney's fees, litigation expenses, and costs incurred in
defending any action against the Community as a result of any environmentally
hazardous act or omission of Tenants, Residents, Guests, Contractors and
invitees. For purposes of this rule, "hazardous substances" includes without
(imitation: (I) Those substances included within the definitions of "hazardous
substance," "hazardous waste," "hazardous material," "toxic substance," "solid
waste," or "pollutant or contaminant" In federal law Including C.E.R.C.L.A„
R.C.R.A., T.S.C.A., H.M.T.A., or under any other Environmental Law; (11)
Those substances listed in the United States Department of Transportation
(D.O.T.) Table [49 C.F.R. 172.101], or by the Environmental Protection Agency
(E.P.A.), or any successor agency, as hazardous substances [40 G.F.R. Part
302]; (Ill) Other substances, materials, and wastes that are or become
regulated or classified as hazardous or toxic under federal, state, or local laws
or regulations; and (IV) Any material, waste, or substance that is: (V) a
petroleum or refined petroleum product, (1) asbestos, (li) polychlorinated
biphenyl, (lii) designated as a hazardous substance pursuant to 33 U.S.C. §
1321 or listed pursuant to 33 U.S.C. § 1317, (VI) a flammable explosive, or (VII)
a radioactive material.
37. COUNTEREARTS
This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which taken together shall constitute but one and
the same instrument.
38. NON -RESPONSIBILITY OF PARK
Owner is not responsible to inspect and approve any work done by Tenant or
for Tenant by others, including, but not limited to, the installation of the
mobilshome, driveway, walkways, fences or any other equipment or
improvements of any type. To the extent that Owner may inspect or approve
something, it is for Owner's own purpose only and Tenant is not entitled to rely
on that inspection or approval to ensure that the item has been installed or
constructed correctly or that the work has otherwise been done as required.
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09/07/2005 10:58 949723050 MARINA PARK • PAGE 25
Instead, Tenant is responsible for all required inspections and approvals and
Tenant agrees to indemnify and hold Owner harmless from any work which is
improperly done.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the
day and year first above written.
Tenant
By.
By:
CITY OF NEWPORT BEACH
a municipal corporation.
Homer Bludau, City Manager
APPROVED AS TO FORM:
Robin L. Clauson, Assistant City Attorney
F:luserskatlshareftp-dalProjeds\MadnaParkl010703.doe
24
10:58 9497230ES MARINA PARK - PAGE 01
To:
MARINAPARK
Luxwryliving by the Bay
1770 W. Balboa Blvd.
Newport Beach, CA 92663
(949)723-0206
Fax (949) 723-0539
Facsimile Transmittal Sheet
From: Millie
Mecham
Date'. 9/7/05 # of Pages: 24
Fax Number:644-3073 Phone Number:
Re.. Rental Agreement
MARINA PAXIc Fcwm LetsS
�s l ecna
Y Jac6d
MARINAPARK q-17-03 mein
1770 WEST BALBOA BOULEVARD
NEWPORT BEACH, CALIFORNIA 92663
RENTAL AGREEMENT
This Rental agreement ("Agreement") is entered into this day of
2003, by and between the CITY OF NEWPORT, BEACH, a municipal
corporation and Charter City (City or Owner) and
(Tenant), and 0 made with refergnce to the recital
and acknowledgments, the materiality and existence of which is stipulated and agreed
by the Parties:
A. City is the owner, and is in possession and control, of a parcel of real property,
located northerly of Balboa Boulevard and between approximately 15`h Streellt
and 18th Street in Newport Beach, commonly known as Marinapark, generally
described in Exhibit "A" (Property).
B. The City Council actively solicited proposals for non-residential uses at
Marinapark and,- as of February 2002, has deemed a non-residential use of
Marinapark the most appropriate land use for the property. • The City is
currently investigating an alternative use of the property and a decision to
change the use of the property may be made at any time. Notification of any
decision to change the use of the property will be given in accordance with the-
Mobilehome Residency Law, Section 798.56 (g) and other applicable law..
C. California State Lands Commission staff has asserted that a portion of the
Property consists of tidelands. City and Tenant have, in the past, claimed that
alit, or substantially all, of the Property leased for mobilehome residency
p4poses is uplands owned by City, and City and Tenant have discussed
various bases to support that claim.
D. T he State Lands Commission staff has asserted that permanent residential use
of tidelands is inconsistent with State statutory, decisional and constitutional.
law. However, City and Tenant may dispute that claim.
E. The terms and conditions of this Agreement are consistent, with the provisions
of the Mobilehome Residency Law (Section 798 et seq. of the California Civil
Code).
F. You acknowledge having received, read and understood a copy of: The
attached Mobilehome Residency Law and Park Rules and Regulations each of
which is incorporated by this reference.
G. The terms of residency shall be solely governed by law and by the terms of this
agreement. No salesperson, broker, financial institution or any person not
specifically employed by owner has the authority or right to make statements on
behalf of City. The resident managers have no authority to modify this
agreement. This is the exclusive agreement between City and Tenant.
H. A new Tenant warrants that Tenant has read, reviewed and executed a written
disclosure statement provided by the management at least three (3) days prior
to the execution of this rental agreement.
I. The monthly rent may be adjusted at iany time during the term of this
agreement (whether the term selected is month -to -month, twelve months, or a
term between one to twelve months), in the amount specified by the
management, on not less than ninety (90) days advance written notice, as per
Civil Code section 798.30.
J. EQUAL HOUSING OPPORTUNITY: WE DO BUSINESS IN ACCORDANCE
WITH THE STATE AND FEDERAL FAIR HOUSING LAWS. IT IS ILLEGAL TO
DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR,
RELIGION, SEX, SEXUAL ORIENTATION, HANDICAP OR DISABILITY,
FAMILIAL STATUS SOURCE OF INCOME, NATIONAL ORIGIN OR
ANCESTRY OR FOR ARBITRARY REASONS UNDER STATE LAW.
NOW, THEREFORE, the Parties do hereby mutually agree as follows:
DESCRIPTION OF PREMISES:
. The City hereby rents to the Tenant, and Tenant accepts the rental of space
number as shown on Exhibit "A" (Premises) in Marinapark, 1770 West
BAIboa Boulevard, Newport Beach, California 92663.
2. TERM: (select one option as provided)
❑ The tenancy created under this Agreement shall be on a month -to -month
basis and shall commence on
❑ The tenancy created under this Agreement shall be for a period of twelve
(12) months and shall commence on unless sooner
terminated in accordance with the terms of this Agreement;
❑ The tenancy created under this Agreement shall be for a period of
months (from one month to twelve months) and shall
commence on , unless sooner terminated in
accordance with the terms of this Agreement.
Rental agreements of varying duration including a 12 month or less and
month -to -month have been offered. It is acknowledged that this
agreement is chosen from such alternatives. The 12 month or less
agreement is and remains a continuing option for the tenant upon
expiration of the rental agreement under which the tenant had been
residing until the said expiration of its term.
3. • RENT:
A. The monthly rent is $ per month. Tenant shall pay as rent to Owner
without deduction or offset (without waiviMg Civil Code Section 1942) and on
the first day of each month: (1) the beginning rent • of
$ per month (as it may be adjusted as specified
herein); (2) all utility charges billed to Tenants by Owner during each month as
described herein (please note: utility rates for utilities billed to Tenant by Owner
are set by the Public Utilities Commission and other governmental agencies.
Therefore, charges for these utilities may be increased at any time in
accordance with the rates established by these entities and no advance notice
of increases in such rates will be given to Tenant by Owner); and, (3) guest
charges (with applicable exceptions pursuant to the Mobilehome Residency
Law), of $ per day for any guest who stays more than twenty
consecutive days or more than thirty days in a calendar year. The monthly rent
may be adjusted at any time during the term of this agreement (whether the
term selected is month -to -month, twelve months, or a term between one to
twelve months), in the amount specified by the management, on not less than
ninety (90) days advance written notice.
B. Owner may charge a reasonable fee for services relating to the maintenance of
the land and premises upon which the Mobilehome is situated in the event the
Tenants fail to maintain such land or premises in accordance with the Rules
And Regulations of the Park after written notification to the Tenants and the
failure of the Tenants to comply within fourteen (14) days. Tenants are not
entitled to offset or deduct rent, or reduce the amount of rent by reason of any
claim against Owner, unless by order within the final judgment of a court of
competent jurisdiction. Such charges shall be billed as further rent or as a
permissible fee at owner's option, and added to the monthly rent billing payable
on the first of the month following the date of completion of the work performed
by the management.
C. Tenants shall pay when due all real property taxes attributable to Tenant's
mobilehome and all improvements made by Tenant to Tenant's mobilehome
space and all municipal, county, std &, federal and other taxes, fees,
assessments and levies (except Owner's income taxes and franchise taxes)
levied upon the Premises, or Tenant or Owner, in connection with the use and
occupancy of the Premises by Tenant.
D. All rent payable hereunder shall be paid in advance on the first day of each
month together with all other charges set forth on the monthly billing statement,
in full without deduction, offset, reduction, discount, claim of collateral debt or
other obligation owing. Specifically, Tenants are not entitled to offset or deduct
rent, or reduce the amount of rent by reason of any claim against Owner by
reason of any independent, collateral or other legal obligation or dispute. The
entitlement to rent shall not be deemed cross -collateralized with or against any
other legal obligation or dispute for which Owner is claimed to be responsible to
Tenants: Payment shall be in the form of personal check, money order, or
certified funds. Owner may however demand all prospective payments in cash,
on not less than at least ten (10) days advance written notice. If the rent is not
timely paid, demand notices to pay or quit may be served as soon as legally
permitted. Rent and all other charges will be late if not paid in full by 5:00 p.m.
on the 5th day of each month. Tenants must pay a late charge whenever rent
or other charges are paid more than five (5) days after they are due in the
amount of Thirty -Five dollars ($35.00) and a handling charge whenever a check
is returned for any reason in 'the amount of Twenty-five dollars ($25.00).
Payment will be made at the Park Office.
E. Monies received for rent or other charges may be applied to the earliest
outstanding sums ("first in, first out) and to utilities first at Owners discretion,
despite payer's instructions or endorsements purporting to restrict application of
payment to a specific month or time period, or purporting to pay -in -full, satisfy
or extinguish the amount or arrearage due or portion thereof. Partial payments
of monthly rents or other charges may be rejected and constitute a breach of
this agreement. However, tender of a part payment shall not be construed as
an accord and satisfaction or release of any indebtedness if accepted, despite
•.Tenant's purported instructions or restrictive endorsements to the contrary.
Acceptance of a part payment is not a waiver of the balance billed or due. The
period of time prior to the imposition of the late charge is not a grace period or
option to pay late.
4. UTILITIES:
A. Owner shall provide and separately bill to Tenant the following utilities: natural
gas at the beginning rate of $22.00. Water usage is included in monthly rent.
L�
So P /e i' f4 1-0 `1
City shall not provide electricity or telephone service. Tenant shall make
arrangements directly with the utilities furnishing these services and pay such
utilities directly for them. Tenant shall contract with and pay directly for all other
utilities it may require. The charge for gas shall be paid when rent is due, and
is in addition to the obligation to pay rent. In the event Tenant fails to pay the
charge for water or gas service within ten (10) days after the amount is due,
Tenant shall pay to City a late charge of thirty-five dollars ($35.00). In the event
City provides both master meter and submeter service of utilities to Tenant, the
cost of the charges for each billing period shall be separately stated and shall
contain opening and closing readings of the meter. In such event, City shall
post rates charged by the appropriate utility in a conspicuous place. The
charge to Tenant for gas service shall be the amount of the charges paid by
Tenant as of June 1, 2002 ($22.00 per month). The charges for gas service
may be increased or decreased on or after the first day of October. Owner
further reserves the right to charge for any other separately -billed or
submetered utilities or for services actually rendered under Civil Code 798.32
.(wi out reduction of rent or other charges) or Civil Code §798.41 (with
mduction in rent eaua to cost of separate billina amounts). Such amounts
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C. Owner shall not be liable for any loss or injury, and Tenant shall not be entitled
to any abatement or reduction of rent by reason of Owner's failure to furnish
any of the foregoing utilities when such failure is caused by accident, breakage,
repairs, strikes, acts of third parties, labor disputes or by any other cause,
similar or dissimilar beyond the reasonable control of Owner. (Please Note: The
provisions of the paragraph below entitled 'Indemnification" apply to this
paragraph.)
D. Tenant shall not connect, except through existing electrical or natural gas
outlets or water pipes on the Premises any apparatus or device for the purpose
of using electric current, natural gas, water or other utility.
E. PLEASE READ CAREFULLY! FROM TIME TO TIME, THE SERVING PUBLIC
UTILITY MAY SUFFER OR CAUSE POWER OUTAGES TO THE PREMISES.
POWER OUTAGES ARE CAUSED BY MANY FACTORS: Storms, wind, heat,
ice and high demand are the most common causes of widespread power
.,outages; high power demand during heat waves and other times of unusually
high demand may overburden electric cables, transformers, and other electrical
equipment of Southern California Edison which then melt and fail.
F. CAUTION: INTERMITTENT POWER INTERRUPTIONS ARE FOLLOWED BY
RESTORATION OF ELECTRICITY WHICH MAY CAUSE SURGES IN
ELECTRICAL POWER. POWER SURGES OFTEN AFFECT UNPROTECTED
CONSUMER HOUSEHOLD APPLIANCES SUCH AS ELECTRONIC
EQUIPMENT (COMPUTERS, STEREOS, RADIOS, ETC.). THE OWNER IS
NOT RESPONSIBLE FOR THE DISRUPTIONS, OUTAGES, SURGES, OR
OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE
TO THE PREMISES WHICH ARE CAUSED BY SOUTHERN CALIFORNIA
EDISON. TENANT AGREES THAT OWNER IS FULLY AND
UNCONDITIONALLY RELEASED AND DISCHARGED FROM ANY AND ALL
LIABILITY WHICH ARISES AS A RESULT OF THE ACTS AND OMISSION OF
THE UTILITY'COMPANY. IT IS THE RESPONSIBILITY OF THE TENANT,
EXCLUSIVELY, TO EXERCISE PRUDENT CARE FOR PROPERTY WHICH
MAY. BE AFFECTED BY DISRUPTIONS, OUTAGES, SURGES, OR OTHER
IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE
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C
H.;
PREMISES. ACCORDINGLY, TENANT HAS THE RESPONSIBILITY TO TAKE
THE FOLLOWING PRECAUTIONS:
Tenant has the responsibility, always, TO USE SURGE PROTECTORS
FOR THE PROTECTION OF TENANT'S PROPERTY, especially for
computer equipment, stereo equipment, radios and other electrical
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.
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2. Turn off and unplug all appliances and other electrical equipment, except
for a single light bulb, which will be the signal your power has been
restored. This helps ensure against circuit bverldading, which could
delay restoration of service.
3. In the event of an outage, do not use candles for lighting during an
outage, since they create a fire hazard. Use flashlights or battery -
powered lanterns instead.
4. Check the neighborhood to see if others have their power. If they do, the
problem may be a "tripped" circuit breaker.
IT IS RECOMMENDED THAT TENANT OBTAIN A HOMEOWNER'S
INSURANCE POLICY TO COVER DAMAGE, LOSS AND LIABILITY
ASSOCIATED WITH THE DISRUPTIONS, OUTAGES, SURGES, OR OTHER
IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE
;PIREMISES AND OTHER RISKS.
TENANTS ARE RESPONSIBLE FOR MAKING SURE THAT THEIR
MOBILEHOMES AND ALL APPLIANCES AND EQUIPMENT ARE'
COMPATIBLE WITH THE ELECTRIC SERVICE NOW AVAILABLE, AND
OWNER SHALL HAVE NO LIABILITY OR RESPONSIBILITY IF THE
AVAILABLE ELECTRICAL SUPPLY IS INCOMPATIBLE OR INSUFFICIENT.
TENANTS ARE RESPONSIBLE TO MATCH THE RATING FOR THE
MOBILEHOME TO THE SERVICE PROVIDED AT THE PEDESTAL AND NOT
EXCEED IT. TENANT PROMISES THAT THE MOBILEHOME SHALL NOT
EXCEED SUCH RATING. TENANT RELEASES OWNER FROM FAILURE TO
COMPLY WITH THE AMPERAGE RATING OR EXCEEDING AVAILABLE
SERVICE. THIS RELEASE IS NOT INTENDED TO RELEASE OWNER FROM
OWNER'S WILLFUL MISCONDUCT OR ACTIVE NEGLIGENCE, BUT ONLY
TO THE EXTENT ALLOWED BY LAW. TENANT SHALL FORBEAR FROM
CONSUMING'MORE AMPERAGE THAN THE EXISTING RATING FOR THE
HOMESITE, TO AVOID DAMAGE TO OWNER'S PROPERTY. AND TO THE
PROPERTY OF OTHERS..
I. IF THE MOBILEHOME, APPLIANCES AND EQUIPMENT IN THE
MOBILEHOME ARE NOT COMPATIBLE WITH THE ELECTRIC SERVICE
AND CAPACITY NOW AVAILABLE OR EXCEEDS AVAILABLE SUPPLY AT
THE PEDESTAL, TENANT SHALL "DE -AMP" (REDUCE THE RATING FOR)
THE MOBILEHOME OR DISCONTINUE EXCESS DEMAND TO ENSURE
AGAINST ANY OVERLOADING OR CAUSING ANY DISRUPTION IN
SERVICE. OWNER SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO
TENANT IF THE AVAILABLE ELECTRICAL SUPPLY IS INSUFFICIENT OR
INCOMPATIBLE. TENANT IS EXPRESSLY LIABLE FOR SERVICE
DISRUPTIONS CAUSED BY EXCESSIVE DEMANDS ON THE ELECTRICAL
SYSTEM WHICH SHALL FURTHER BE DEEMED A DEFAULT AND BREACH
OF THE TENANTS' OBLIGATIONS UNDER THIS AGREEMENT.
J. With respect to the provision of any services or facilities (including utilities) to
Tenant, any prevention, delay, or stoppage due to strikes, walkouts, or other
labor disputes, acts of God, inability to maintain labor or materials or
reasonable substitutes for them, governmental restrictions, regulations or
controls, judicial orders, fire/flood or other natural disaster or casualty,
breakage, repairs, and other causes beyond owner's reasonable control, will
excuse performance of these obligations for a time period equal to the delay.
Tenants will remain responsible, without abatement or reduction, for the rent,
utilities, and other charges to be paid per the terms of this Agreement. Owner
will use reasonable efforts to reinstate or repair any services or facilities,
including utilities, which have been interrupted as set forth hereinabove. If
Tenants feel that Owner is not using reasonable efforts to reinstate such
services or facilities, Tenants shall mediate the matter pursuant to the
agreement or paragraph contained herein entitled "mediation and reference of
.disputes" if and only if Tenants have consented to that provision or desire to do
so by mutual agreement (at the time the dispute arises) which provides for an
alternate dispute resolution procedure of such dispute. Owner will not be liable
under any circumstances for loss of or injury to property, however occurring
through or in connection with or incidental to the failure to furnish any services
of facilities (including utilities).
K. RESIDENT COVENANTS NOT TO CONSUME MORE AMPERAGE THAN
THE EXISTING RATING FOR THE SPACE, SO AS TO AVOID DAMAGE TO
OUR PROPERTY AND TO THE PROPERTY OF OTHERS. We will provide
Utilities and or services as specified on page one of this agreement. AnyPaa
separate charges for natural gas, electricity and water as applicable will be on a b,;„"� �r
submetered basis (if not separately charged at the inception of this agreement, �•;;� ��.
owner reserves the right and power to do so on proper notice, with or without
electing to reduce rent as per CC §798.41). Civil Code Sections 798.41 or
798.32 allow 'for further separated billing of utilities with corresponding
reduction of rents and such option is reserved.
5. CIVIL CODE NOTICE RE: SERVICES AND IMPROVEMENTS:
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Owner is responsible for providing and maintaining the existing services and
existing physical improvements located in the common facilities in good
working order and condition and you agree that these responsibilities of the
Park are as defined and limited by this Agreement. The services include the
following:
(1) Park Management Services and those items set forth on page one;
(ii) Maintenance of the physical improvements of the park, including the
streets, walkways, and, common areas.
Management shall have a reasonable period of time, with respect to the
physical improvements in the common facilities, to repair the sudden or
unforeseeable breakdown or deterioration of these improvements and bring the
improvements into good working order and condition after management knows
or should have known of the breakdown or deterioration. The period of time to
do so shall not exceed: as soon as possible where health and safety is
affected, and thirty days except where exigent circumstances justify a delay; or,
otherwise as specified by law. Such repairs or other appropriate action shall be
accomplished as soon as possible in the event of any condition which may
relate to health and safety. With respect to providing any services or facilities,
any prevention, delay, or stoppage due to strikes, walkouts, or other labor
disputes, acts of God, inability to obtain labor or materials or reasonable
substitutes for them, governmental restrictions, regulations or controls, judicial
orders, fire/flood or other natural disaster or casualty, breakage, repairs, and
other causes beyond the reasonable control of the Park, will excuse the Park's
performance of these obligations for a time period equal to the delay. You will
remain responsible, without abatement or reduction, for the rent, utilities, and
other charges.
1
A. Tenant agrees to notify management immediately of any breakdown,
interruption, deterioration, or failure of any physical improvement, utility,
amenity, facility or service so a response to promptly to fulfill maintenance
responsibilities can be given. Management depends on notice to avoid and
mitigate loss, damage, injury and other liability by Tenant's prompt notice when
'applicable. Tenant's good faith cooperation is important to enabling
management to timely respond.
B. Management's reasonable and conscientious efforts to maintain the Park,
despite prudent effort, will probably not be perfect. From time to time, repairs
and improvements may be needed, and Tenant may be inconvenienced.
Management hopes Tenant will please cooperate and be patient. Management
will reasonably endeavor to avoid material disruption and interference with quiet
enjoyment, and to provide advance notice of substantial interruptions or
interference which are planned or scheduled. Tenant agrees that a reasonable
job in maintaining the Park fairly describes Tenant's expectation of
management's duty to maintain the park. Management shall provide physical
improvements and services in the Park. However, services, facilities, amenities,
landscaping and other improvements in the common areas may change based
upon conservation interests and concerns; such changes may include drought
resistant landscaping, and additions, alterations or deletions of services and
facilities without reduction, discount of other offset from monthly rents. Such
changes will not alter other commitments under this Agreement. Tenant will
have the opportunity to consult if desired. An average and habitable residential
environment is provided, but not a perfect one as with any residential
neighborhood. Physical Improvements include existing common areas, office, -
streets, any recreational facilities, buildings and interior improvements,
landscaping, meeting rooms, pools, related improvements and equipment.
6. USE OF PREMISES:
A. The Premises shall be used only for residential purposes, and no business or
commercial activity shall be conducted on the Premises. Tenant agrees not to
do anything that will constitute waste, nuisance, or unreasonable annoyance.
Tenant agrees to do nothing to cause damage to the space or park. Tenant
agrees not to permit any act or maintain or permit to be maintained any
condition on your space or mobilehome which may cause an increase in the
rate of insurance City pays or increase costs of maintenance and repair. No
activity shall be permitted which requires the issuance of a business license or
permit by any governmental agency, or which is inconsistent with community
zoning and conditional use permits, which would increase the risk of harm to
the management or to any other person or property, increase noise, dust,
vibration, odors or fumes, smoke, or any other condition offensive to the senses
or. which causes reasonable complaint, breaches the covenant of quiet
enjoyment or reduces property values; which would increase.foot or vehicular
traffic, results in deliveries and delivery trucks, require storage of any thing
outside the mobilehome, require additional employees or other persons on the
space, or affect parking. Permitted occupants are:
(i) Tenant;
An additional person if Tenant is living alone;
(iii) Family members and sub -lessees entitled to occupy the premises
pursuant to the Mobilehome Residency Law; and
(iv) Short term guests. The term "short term guest" shall mean any person
who does not stay with Tenant for more than a total, of twenty (20)
consecutive days or a total of thirty (30) days in any calendar year. Other
persons may not occupy the Premises with the prior written consent of
City.
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B. Tenant agrees to comply with the Rules and Regulations of Marinapark (Exhibit
"B") and further agrees these Rules and Regulations may be amended as
provided in the Mobilehome Residency Law or other relevant statute.
7. CONSIDERATION:
City reserves the right to take the position that the past rents have been below
market and constitute consideration to be applied against relocation costs upon
closure of the Park. Tenants reserve the right to dispute City's position.
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8. RELEVANT STATUTES AND RULES:
The Mobilehome Residency Law requires this Agreement to contain, among
other things, the Rules and Regulations of Marinapark and the language of the
Mobilehome Residency Law. The Rules and Regulations of Marinapark are
attached as Exhibit "B," the provisions of the Mobilehome Residency Law are
attached as Exhibit "C," and both documents are incorporated into this
Agreement by reference. The Marinapark Rules and Regulations and the
Mobilehome Residency Law may be amended or modified from time to time,
and these amendments and modifications shall be deemed to be incorporated
into the documents attached as Exhibits "B" and "C," respectively, when
effective.
9. SALE OR ASSIGNMENT:
Subject to the terms of this Section, Tenant may sell the mobilehome located on the
Premises pursuant to the rights, and subject to the obligations, of Tenant under the
'Mpbilehome Residency Law and any other applicable statutes. If the mobilehome
that is the subject of the sale or transfer is to remain on the Premises, or if Tenant
proposes to assign Tenant's interest in this Lease to any person or persons who is
(are) to reside on the Premises, Tenant and/or the proposed transferee must do the
following:
A. Tenant must give notice of the sale or assignment to City prior to close of
escrow.
B. The sale or assignment shall not be effective unless City has given prior written
approval, the transferee has executed a new rental agreement provided by
City, and the transferee has expressly agreed to be bound thereto.
C. Tenant agrees that occupancy of the Premises shall be limited as provided in
this Agreement and Tenant agrees not to sublease or otherwise transfer any
partial interest in this Agreement.
E
D. The requirements for any mobilehome proposed to be installed on the space is
as follows: Management must first approve a mobilehome before it may be
installed in the park. No mobilehome which in excess of twelve feet in height
may be installed in the park. The proposed mobilehome must fit upon the space
in the position specified by management. Management reserves the right to
require the largest possible mobilehome commercially available to be sited
upon the space. Established set backs must be honored, and may not be
changed. • Roof material must be non -glare composition or wood shake
shingles for the mobilehome, awnings and any storage or other structures on
the space. All installations and improvements must be approved by
management before work is commencedato avoid damage to underground
utilities. Management must further approve a written plan, to be submitted -for
approval as required by law, showing the proposed location with measurements
and dimensions evidencing conformance to all setback requirements required
by law including Title 25 of the Code of Administrative regulations and local
ordinances. A tie down system in compliance with §1336.3 of Paragraph (a) of
Title 25 is required. A vapor retarding ground cover of six (6) mil polyethylene
or equivalent over the ground, under the home is required. Under floor areas
shall be ventilated 1 sq. ft. for each 150 sq. ft. of under floor area. Air
conditioners, compressors and necessary accessories will be considered and
approval of same shall be at management's sole discretion. No changes shall
be made to the grade of the lot that would cause any runoff to adjacent space
or common areas. Lot must meet HCD requirements for drainage. Only mobile
homes manufactured in 1976 or later are permitted. No new cabanas may be
constructed. Eaves are permitted only if applicable set back requirements can
be met. Hitches must be removed from home and stored under the
mobilehome. Porch, steps and ramps must be built to Title 25 Requirements.
No aluminum porches are permitted, and shall not encroach set back
requirements or required parking space. Any required handrail, porch, or step
railing shall be wood, painted to match home/trim color. No upgrading or
tampering with the electrical /gas service shall be permitted even by a licensed
contractor. No mobilehome is permitted which is rated at higher amperage than
the pedestal. Additional requirements are set forth in the rules and regulations.
E. Notwithstanding any other provision in this Agreement, Tenant shall have the
right to assign its interest in this Agreement to a spouse, son and/or daughter
provided, however, the Premises shall be used as the primary residence of the
assignee and the assignee shall be bound by all provisions of this Agreement.
F. City shall approve any such transfer, if the transferee has the financial ability to
pay the rent and charges and otherwise comply with the terms and conditions
of this Agreement, provided, however, City may withhold approval if it
determines that, based upon the transferee's prior tenancies, the transferee will
not comply with the Rules and Regulations of Marinapark (Exhibit "B").
10. SUBLEASING:
A. The Premises shall constitute Tenant's residence, whether primary or
secondary. Tenant agrees not to sublease or rent the mobilehome or
otherwise transfer any interest in this Lease, except to the extent that the right
to sublet or transfer is specifically provided by this Agreement.
B. Management shall permit a tenant to rent his or her mobilehome that serves as the
homeowner's residence or sublet his or her space under the circumstances described
in and in compliance with the provisions of AB 1410 effective January 1, 2003. Only
one mobilehome may be subleased by the tenant though the tenant may own or
control one or more mobilehomes or homesiteg in the Park.. Any sub -lease created
in compliance with AB 1410 shall not create a landlord/tenant relationship as between
City and sublessee. It is specifically agreed and understood that Sublessee cannot
become a resident by attempting or purporting to pay City such monies. Receipt,
retention, acceptance or possession of any monies from the sublessee shall only be
on behalf of the Tenant. As between City and sublessee there is no privity of estate
or contract. Tenant hereby further agrees to defend and indemnify City, at Tenant's
sole expense, from any claims, liabilities, or actions brought by sublessee against the
Park or for any action brought against the City by any person arising out of conduct
related to Sublessee's conduct within the Park.
11. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS:
Tenant shall, at its cost and expense, maintain in good order and condition any
mobilehome, cabana or other improvement located on the Premises. Tenants
also agree that all landscaping on the Premises shall be limited to three feet (T)
,in height, to preserve views and open space. City may charge a reasonable
fee for services relating to the maintenance of the Premises in the event Tenant
fails to maintain the Premises in accordance with the provisions of this
Agreement and the Rules and Regulations of Marinapark (Exhibit "B"), after
giving written notification to Tenant and Tenant's failure to comply within
.fourteen (14) days from the date of written notice. The written notice shall
contain all information required by ttie Mobilehome Residency Law.
12. PHYSICAL IMPROVEMENTS AND SERVICES:
13.
Tenant shall have the nonexclusive right to use all of the common areas and
common facilities located within Marinapark, including but not limited to streets,
non -restricted parking areas, laundry facilities, restrooms and showers located
in the common areas and common facilities and designated for use by
residents.
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City retains the right to amend or modify the Marinapark Rules and
Regulations, the Terms of this Agreement, and the nature of the physical
improvements or services to be provided, after complying with the provisions of
the Mobilehome Residency Law and other applicable law. The right to amend
the Terms of this Agreement, the Marinapark Rules and Regulations and the
physical improvements and services to be provided by City include, without
limitation, the right to reduce the size of, or eliminate, any physical
improvement, common area, common facility or equipment without
corresponding reduction or adjustment in rent.
14. RIGHT OF ENTRY: r
15.
Tenant, subject to the right of revocation as set forth in the Mobilehome
Residency Law, hereby grants written consent to City to enter the premises for
the purpose of inspecting, improving, maintaining, repairing or replacing gas,
water and sewage systems owned and maintained by City. Subject to the
obligation of City to exercise ordinary care, any damage, loss or injury to
Tenant's home, property of Tenant or the Premises which results from efforts of
City to maintain, repair, improve or replace the gas, water or sewage systems
shall be the sole responsibility of Tenant, and City shall not be responsible for
reimbursing any cost or expense incurred by Tenant as a result of such efforts,
nor shall City be responsible for repairing, replacing or otherwise restoring the
mobilehome, the Premises or any improvements thereon to the state or
condition immediately prior to the maintenance, replacement or repair efforts.
The rights and duties set forth in this paragraph are intended to implement and
shall be exercised consistent with the Mobilehome Residency Law.
The California Department of Justice, county sheriffs departments, police
departments serving jurisdictions of 200,000 or more and many other local law
enforcement authorities maintain for public access a data base of the locations
of persons required to register pursuant to paragraph (1) of subdivision (a) of
Section 290.4 of the California Penal Code. The database is updated on a
quarterly basis and is a source of information about the presence of these
individuals in any neighborhood. The Department of Justice maintains a Sex
Offender Identification Line through which inquiries about individuals may be
made. This is a "900" telephone service. Callers must have specific information
about individuals they are checking. Information regarding neighborhoods is not
available through this telephone service.
16. HOLD HARMLESS:
A. Tenant covenants to indemnify, defend and hold City, and its representatives,
officers, agents and employees, harmless from any and all claims or demands
of any name or nature whatsoever arising out of, or incident to, Tenant's use
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and occupancy of the Premises, and to indemnify City for any cost, liability or
expense caused by or arising out of any injury or death of persons or damage
to property which may occur upon or about the Premises or caused by or
arising out of any activities or omission of Tenant,. or Tenant's agents,
employees, licensees and/or invitees, including, without limitation, injury or
death of Tenant, or Tenant's agents, employees, licensees and invitees and
damage to their property or Tenant's property, except for any damage or injury
of any kind arising out of the active negligence, fraud or willful misconduct of
City, its representatives, officers, agents or employees. This section is intended
to provide City with a release from liability to the fullest extent allowed by law
and not exceeding the rights of the City to c{o so either under Civil Code section
1953 ("[a] Any provision of a lease or rental agreement of a dwelling by which
the lessee agrees to modify or waive any of the following rights shall be void as
contrary to public policy: . . .[5] His right to have the landlord exercise a duty of
care to prevent personal injury or personal property damage where that duty is
imposed by law") or section 1668 ("All contracts which have for their object,
directly or indirectly, to exempt anyone from responsibility for his own fraud, or
willful injury to the person or property of another, or violation of law, whether
willful or negligent, are against the policy of the law"). City does not admit the
applicability of section 1953 to a mobilehome space.
B. Tenant, as a material part of the consideration under this Agreement, hereby
waives all claims against City for any damage or loss from any cause arising at
any time, including, but not limited to fire, theft, Acts of God, vandalism or any
physical damage while the mobilehome remains on the Property, unless
caused by the active negligence or willful misconduct of City's representatives,
officers, agents or employees. Tenant agrees to indemnify and hold City, and
.its representatives, officers, agents and employees, harmless from and on
account of any and all damage or injury to any person or equipment in or on the
mobilehome arising from any cause or from the negligence of Tenant, and
Tenant's family or guests.
C. ANY CLAIM OR SUIT BETWEEN THE PARTIES FOR DAMAGES FOR
PERSONAL OR BODILY INJURY OR PROPERTY -DAMAGE AND OTHER
APPLICABLE CLAIMS MUST BE COMMENCED IN ACCORDANCE WITH
THE PROCEDURES FOR MAKING CLAIMS AGAINST GOVERNMENTAL
ENTITIES PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA
GOVERNMENT CODE.
D. The value of the mobilehome may decline. Since a substantial portion of the
present value of Tenant's mobilehome or coach is attributable to the rent
charged by this Lease, the value of the premises and the proximity of the
premises to lower Newport Bay, you should investigate before purchasing.
City's only obligation is to provide reasonable cost of relocation on
closure of the park. Please investigate thoroughly before executing this
agreement.
14
17. TERMINATION:
A. Tenant may terminate this Agreement, without any further liability to City, upon
sixty (60) days written notice to City and upon condition that all persons
occupying the mobilehome terminate their tenancy within that period and
remove the mobilehome and all other improvements from the park
B. City may terminate this Agreement for the reasons specified, and according to
the procedures set forth in the Mobilehome Residency Law.
M
18. ATTORNEYS' FEES:
Should either City or Tenant be. required to employ counsel to enforce the
terms, conditions and covenants of this Agreement, the prevailing Party shall
recover all reasonable attorneys' fees (and court costs if applicable) incurred
therein pursuant to the Mobilehome Residency Law.
19. REMEDIES CUMULATIVE:
The rights, powers, elections and remedies of the Parties contained in this
Agreement shall be construed as cumulative and no one of them shall be
considered exclusive of the other or exclusive of any rights or remedies allowed
by law, and the exercise of one or more rights, powers, elections or remedies
shall not impair or be deemed a waiver of either Party's right to exercise any
other.
20. NO WAIVER:
A.. No delay or omission of either Parry to exercise any right or power arising from
any omission, neglect or default of the other Party shall impair any such right or
power or shall be construed as a waiver of any such omission, neglect or
default on the part of the other Party or any acquiescence therein. No waiver of
any breach of any of the terms, covenants, agreements, restrictions or
conditions of this Agreement shall be construed as a waiver of any succeeding
breach of the same or of any of the terms, covenants, agreements, restrictions
or conditions of this Agreement.
B. Acceptance of rent shall not reinstate or create a tenancy. Conditional
acceptance of rent pending approval of tenancy shall not be deemed to create
a tenancy or waive any requirements applicable to tenancy, purchaser
application or approval requirements or assignment or transfer requirements.
Acceptance of'rent after service of a notice to terminate tenancy as specified in
Civil Code'§798.57 shall not waive, affect or prejudice the notice. Nor shall
routine service of other notices, Management communications, or other actions
or omissions of the Management waive, prejudice, or affect the right to
15
terminate tenancy, process a purchaser application and approve a tenant for
tenancy, or otherwise affect the rights of Management. Possession of rent by
the resident manager shall not be acceptance until actually approved by the
park owner; accordingly, the receipt by or the tender of payment to the resident
park manager shall be conditional and for custody purposes only until approved
and accepted by the park owner.
C. Owner may exercise any right under the terms of this agreement, or the Rules
and Regulations as amended or modified, or any other right of the management
under applicable law, and do so on or at any time subsequent to the date such
right became effective hereunder, and do po retroactively to .the date the right
initially became effective or enforceable, by and upon demand for performance,
including payment of any rent adjustments or other monies from or for the date
such right first accrued through to and including the, date -of the demand and
thereafter. Any delay, forbearance, whether intentional or inadvertent, in
enforcing any right of the management for which subsequent demand is made
shall not be construed as a waiver, estoppel, release or acquittal thereof,
accord and satisfaction thereof, settlement in whole or part thereof; shall not
constitute laches in respect thereto; and, shall not render any such right
unenforceable or be a defense against enforcement of such rights from the
time such right could first be exercised and thereafter.
21. COMPLIANCE WITH LAWS.
A.
B. Any violation of the Rules and Regulations shall be deemed a public nuisance.
Tenants agree that a breach of this Agreement or any of the Rules and
Regulations cannot reasonably or adequately be compensated in damages in
an action of law, and therefore, Owner shall be entitled to injunctive relief
including but not limited to restraining Tenants (or family members, guests or
other invitees) from continuing to breach any such rules or regulations term or
condition or to allow a condition violative of a rule or regulation term or
condition to exist or continue to exist without proving irreparable harm or lack of
adequate legal remedy.
22. MOBILEHOME RESIDENCY LAW I ZONING AND USE' PERMIT
INFORMATION:
16
!Pursuant to Civil Code section 798:27 C(a) The management shall give written
notice to all homeowners and prospective homeowners concerning the
following matters: (1) the nature of the zoning or use permit under which the
mobilehome park operates. If the mobilehome park is operating pursuant to a
permit subject to a renewal or expiration date, the relevant information and
dates shall be included in the notice...."), Tenant is hereby notified as follows:
A. Tenant acknowledges having received and read a copy of the provisions of the
Mobilehome Residency Law (Exhibit "C") as presently constituted, and the
Marinapark Rules and Regulations (ExhibitrB").
B. The Property is currently zoned "Planned Community." There are no conditional
use permits or other permits required to operate the Property as a mobilehome
park. City owns the Property, but its use may be limited to the extent the
Property is determined to be tidelands and subject to the public trust applicable
to tidelands.
23. ENTIRE AGREEMENT:
This Agreement and the documents referred to herein constitute the entire
agreement between Tenant and Owner pertaining to the subject matter
contained herein and supersedes all prior and contemporaneous agreements,
representations and understandings of the parties, whether written or oral.
Paragraph titles are for identification and reference only and are not part of this
Agreement and shall not be used to interpret this Agreement Each term and
provision of this agreement to be performed by the Tenant or which is a duty of
the Tenant shall be deemed to be both a condition and a covenant.
Additionally, a breach of any each such term and provision shall also be
cl .emed to constitute a rule and regulation for purposes of Civil Code section
79`8.56 and may constitute grounds for the termination of tenancy as a violation
of a rule and regulation.
24. NOTICES:
All notices and other communications shall be in writing, shall be sent by first
class registered or certified United States mail, postage prepaid, and shall be
deemed effective at the expiration of seventy-two (72) hours after the day of
mailing addressed:
A. To Lessor:
City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA, 92658
17
With a copy to:
City Clerk's Office
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA, 92658
or at such other addresses as Lessor shall have furnished to Tenant;
and
To Tenant:
By delivering a copy to the Tenant personally; or Tenant be absent from
the mobilehome, by leaving a copy,with some person of suitable age and
discretion who may be occupying the mobilehome; or no one can be
found, then by affixing a copy of the notice in a conspicuous place on the
Premises or mobile home and also sending a copy through the mail
addressed to Tenant. Since a substantial portion of the present value o
Lessee's mobilehome or coach Is attributable to the value of the
premises and the and the proximity of the premises to lower Newport ham"
Bay,
B. Following notice by City of any amendment, all other provisions of the Lease
shall remain in full force and effect in their original form.
26. TIME OF ESSENCE:
Time is of the essence in this Agreement and each and every provision hereof.
` I
26, EMINENT DOMAIN:
.,
If the entire Park, or a portion thereof so that, in City's sole opinion, the balance
remaining is not suitable for a mobilehome park, is taken under the power of
eminent domain, or is sold to any authority having the power of eminent
domain, either under threat of condemnation or while condemnation
proceedings are pending, then this Agreement shall automatically terminate on
proper notice as of the date the condemning authority takes possession,
precondemns, notices its intent to condemn or files a condemnation action or
other action which relates thereto.
27. INSURANCE:
Owner does not carry public liability or property damage insurance to
compensate Tenants, Residents, guests or any other person from any loss,
damage or injury except those resulting, from situations where Owner would be
legally liable for such loss, damage or injury. If Tenants desire such or similar
UR
insurance coverage, it should be obtained by Tenants, insuring against loss
and casualty by fire, earthquake, flooding, theft, other liability and casualty
which relates to the mobilehome, other improvements and contents to full
insurable value, personal liability and such other insurance as is necessary and
appropriate. Tenants are advised to obtain a homeowner's policy in accordance
with the guidelines and requirements specified by a lender, and if no lender,
then in such sums and for such coverage as would be so required if so
financed.
28. PARTIAL INVALIDITY:
r
Certain terms and provisions of this Agreement and other documents referred
to in this Agreement refer to restate or summarize provisions of the
Mobilehome Residency Law and .other applicable laws. In every instance it is
intended that these references, restatements and summaries will accurately
reflect the law and correctly set forth Tenants' and Owner's rights liabilities
duties and obligations to one another and to other persons. The same is true of
all of the other provisions of this Agreement and the other documents used by
the Park. If any of the provisions of this Agreement or the other documents
used by the Park fail in any way to meet the above criteria then it is
'unintentional and all such provisions shall be deemed to be automatically
revised to correctly reflect the Owner's and Tenants' rights, liabilities, duties
and obligations under the provisions of the Mobilehome Residency Law and all
other applicable laws. Tenants agree to promptly notify Owner in writing of any
instance where Tenants believe that any of the provisions of this Agreement or
the other documents used by the Park fail to meet the above criteria. If any
term or provision of this Agreement or any document referred to in this
,,Agreement or the application thereof to any person or circumstances shall to
any extent be invalid or unenforceable the remainder of this Agreement or the
other document or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable
shall not be affected thereby and each term and provision of -this Agreement or
the other document shall be valid and be enforced to the fullest extent
permitted by law.
29. ENTIRE AGREEMENT:
A. The resident manager, other personnel, mobilehome dealers, the sales person
and seller from whom the mobilehome was purchased by Tenants and other
persons are not authorized to make any representations or agreements with
Tenants respecting the Community unless those agreements and
representations are contained in this Agreement and the other documents and
posted signs referred to in it. Therefore, Tenants agree that this Agreement and
the other documents and posted signs referred to in it are the entire agreement
between Tenants and Owner regarding the subjects covered by this
Agreement, other documents and signs. This Agreement, the rules and
19
regulations and the purchase agreement with Owner constitute the exclusive
statement of the agreement and supersedes all prior and -contemporaneous
agreements, representations and understandings.
B. Each party has relied on his own examination of this Agreement and counsel of
his own advisers, and the warranties, representations and covenants in the
Agreement itself. Failure or refusal of either party to inspect the premises or
improvement, to read the Agreement or other documents or to obtain legal or
other advice relevant to this transaction constitutes a waiver of any objection,
contention or claim that might have been based on such reading, inspection or
advice. Additionally, in any interpretation of this Agreement it shall be deemed
that this Agreement and its exhibits were written by both parties.
C. It is further agreed by and between the "parties that the legal relationship that .
exists pursuant to this Agreement is a rental agreement, and that there are not
other legal rights or relationships inferred. Tenants warrant and agree that they
have no other rights, title or interest in the property upon which the Park is
located or in the above described space other than that which is specifically set
forth in this document.
30. DRAINAGE AND GRADING:
A. The existing drainage pattern and grading of the space may not be changed
without Management's consent. Tenant is responsible for maintaining the
space so that water does not accumulate or stand under the mobilehome or on
the Space. Water on the space is required to drain off the space in a fashion as
to avoid runoff onto another mobilehome space. Tenant shall ensure the
skirting attached to the mobilehome is not extended into the grade which would
cause moisture or water to accumulate under the mobilehome. All watering
''S 1ptems shall be installed, maintained and adjusted as necessary to avoid
water run-off and standing water on the premises. Any berms on the space
shall be installed and maintained to avoid the accumulation of water on the
space or under the mobilehome. Any masonry skirting must contain sufficient
openings as to prevent accumulation of water on the space or under the
mobilehome.
B. Homeowner warrants to that the mobilehome and areas under the mobilehome
and homesite are free of and from mold. Homeowner is also responsible for
mold cleanup. The mobilehome should be inspected by a competent home
inspection contractor periodically. It is imperative to treat and remove all molds
as if potentially harmful. Among the conditions to be checked should be
presence of any mold in or about the mobilehome. The following are sources of
indoor moisture that may cause problems: flooding, backed -up sewers, leaky
roofs, humidifiers, mud or ice dams, damp crawl spaces, constant plumbing
leaks, house plants -watering can generate large amounts of moisture, steam
from cooking, shower/bath steam and leaks, wet clothes on indoor drying lines,
20
clothes dryers vented indoors, combustion appliances (e.g. stoves) not
exhausted to the outdoors. Homeowner is responsible for avoiding any such
conditions and for remediation if same should occur.
31. NO THIRD -PARTY RIGHTS:
Tenant is not a third -parry beneficiary of any other agreement between Owner
and anyone. The terms and provisions may differ between rental agreements
and rules and regulations in force in the park, and no one may rely on the
enforcement of any other's rental agreement or rules and regulations. There
are no third parry beneficiaries to this agreement.
32. NO RECORDING:
No recording of this Agreement on any memorandum of this Agreement may be
made without the prior written consent of Owner, which consent may be
withheld in Owner's sole discretion.
33. LOT LINES:
"Space" includes the area as defined by the perimeter of the mobilehome and
its horizontal projections of its accessory structures. This understanding is
based on the public ownership of the property on which the expectations of
occupation which Tenant may use and enjoy. Therefore, Tenant may not rely
on any markers to define the area of use and enjoyment to be expected due to
the rights of the public entitled to entry within the park.
34. ALTERATIONS AND ADDITIONS:
Tenant agrees not to make any alterations, improvements, additions or
mstauauons io, on or acout ine nomesae or moouenome, nor instau, remove or
change an existingimprovements, or modify the drainage or landsca in nor
make any contract for such work without Owner's prior written consent an
approval. Tenant is responsible for all conditions under the mobilehome
including grading, compaction, subsidence, drainage, moisture, and ventilation.
In giving or withholding consent to any such work, Owner may, at its option,
improvements, additions or utility installations shall be promptly removed at
35. OPPORTUNITY TO REMEDY:
If, at any time, Tenant believes owner has not fulfilled any legal obligations,
Tenant agrees to immediately give owner written notice specifying what is
21
believed owner has failed to do and indicating what Tenant believes owner
must do in order to fulfill these obligations. This notice shall be as detailed as
possible so that owner may fully understand Tenant's concerns. Tenant agrees
that owner will have at least ninety (90) days, or such longer period as is
reasonably necessary, after receipt of Tenant's notice to remedy the problem(s)
Tenant has identified. If Tenant fails to promptly give owner this written notice
as soon as Tenant is aware of any problem(s), or Tenant fails to give owner a
reasonable opportunity to remedy the problem(s), owner will have no liability to
Tenant for any expense, cost, damage or injury which Tenant may sustain as a
result of the problem(s). If owner fails to remedy the problem(s) within a
reasonable time after receipt of written notice, the problem(s) will be subject to
mediation if such an agreement has been reached between the Parties.
36. ENVIRONMENTAL PROTECTION:
A. Proper "hazardous substances" and waste disposal is required of all Tenants.
Typical hazardous substances include automobile, boat and motorcycle
batteries, household batteries, cleaning fluids and solvents, gasoline, paint and
other thinners, oils, brake fluids, transmission fluids, radiator fluids and coolants
and petroleum products. No Tenants may keep or store, in any place including
within or about the mobilehome, homesite, storage shed or elsewhere in the
Community, any hazardous substances in excess of the quantities required for
typical single family household use. Additionally, Tenants may not cause any
environmental hazard, including any exposure to, contact with, spill or deposit
of any hazardous substance or waste. Tenants are prohibited from violating
any law relating to environmental protection, hazardous substances or waste.
This includes, but is not limited to, for example, changing or discarding auto
batteries, oil, brake and radiator fluids, automatic transmission fluid, air
cgnditioning gases, or grease in any motor vehicle or machine. Tenants may
not cause or allow hazardous substances or waste to be disposed of anywhere
in the Community, including, but not limited to, trash cans, trash bins, the
sewage disposal system, or any other trash or disposal area in the Community.
Such substances must be physically removed from the Community and
disposed of elsewhere in compliance with law. In the event of any spill or
deposit of hazardous substances in the Community, Tenants are required by
law to immediately notify management. Management reserves the right to
inspect the homesite for hazardous substances.
B. In addition to other remedies allowed by law, Tenants will indemnify and hold
the Owner harmless for any such environmentally hazardous act or omission
prohibited by this rule or law, including any compensatory damages, statutory
damages, punitive damages, expense and attorney's fees and' costs sustained
by the Community. Tenants will also be required to reimburse the Community
for any actual attorney's fees, litigation expenses, and costs incurred in
defending any action against the Community as a result of any environmentally
hazardous act or omission of Tenants, Residents, Guests, Contractors and
22
invitees. For purposes of this rule, "hazardous substances" includes without
limitation: (1) Those substances included within the definitions of "hazardous
substance," "hazardous waste," "hazardous material," "toxic substance," "solid
waste," or "pollutant or contaminant" in federal law including C.E.R.C.L.A.,
R.C.R.A., T.S.C.A., H.M.T.A., or under any other Environmental Law; (II)
Those substances listed in the United States Department of Transportation
(D.O.T.) Table [49 C.F.R. 172.101], or by the Environmental Protection Agency
(E.P.A.), or any successor agency, as hazardous substances [40 C.F.R. Part
302]; (III) Other substances, materials, and wastes that are or become
regulated or classified as hazardous or toxic under federal, state, or local laws
or regulations; and (IV) Any material, jovaste, or substance that is: (V) a
petroleum or -refined petroleum product, (i) asbestos, (ii) polychlorinated
biphenyl, (iii) designated as a hazardous substance.pursuant to 33 U.S.C. §
1321 or listed pursuant to 33 U.S.C. § 1317, (VI) a flammable explosive, or (VII)
a radioactive material.
37. COUNTERPARTS:
This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which taken together shall constitute but one and
the same instrument.
38. NON -RESPONSIBILITY OF PARK:
Owner is not responsible to inspect and approve any work done by Tenant or
for Tenant by others, including, but not limited to, the installation of the
mobilehome, driveway, walkways, fences or any other- equipment or
,improvements of any type. To the extent that Owner may inspect or approve
something, it is for Owner's own purpose only and Tenant is not entitled to rely
on that inspection or approval to ensure that the item has been installed or
constructed correctly or that the work has otherwise been done as required.
Instead, Tenant is responsible for all required inspections and approvals and
Tenant agrees to indemnify and hold Owner harmless from any work which is
improperly done.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the
day and year first above written.
Tenant
M
By:
CITY OF N EWPORTBEACH
a municipal corporation.
23
CITY OF NEWPORT BEACH
a municipal corporation.
--t��x� mil'
Homer BIB
MARINAPARK
1770 WEST. BALBOA BOULEVARD
NEWPORT BEACH, CALIFORNIA 92663
RULES AND REGULATIONS
These rules and regulationsare 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 are a private matter been Management and each tena&nd resident individually. Tenant
agrees that tenant is not a Third parry, beneficiary of any oth€r 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. -mec '
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 management 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, So, SEXUAL ORIENTATION, HANP OR DISABILITY, FAMILIAL
STATUS, SOURCE OF INCOME, NATIONAL ORIGIN, ANCESTRY R 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 OW -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 sball 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 oo-rtain accessory equipment and *tures. 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 accesszxy°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 (10) 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.
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 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, tr ormers, and other electrical equip�nt of the utility supplier.
CAUTION: INTERMITTENT PRER 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 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. Po r s and patios are required and mudbe constructed under permit and
meet the appropriate governme aal building codes. Porches must be f 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 tha.#romesite 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 prohibited 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, less authorization is given by Paoanagement, remove any plants
upon Resident vacating the Par
•(4) Park Management expressly prohibits fhe' use of any manures or- odorous chemical
fertilizers.
(5) Waterfalls, statuary and other forms of decor are prohibited.
(6) Some form of planted ground covere..adceptable 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, 0
(2) No towels, rugs, wearing apparel or laundry of any descr lip, 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 support,
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.
I. 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 ha*ous to be placed on any surface & In the Park. Resident shall not
allow such substances to be disposed of anywhere in the Park, including, but not limited fo, 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 sot or adjacent mobilehomes.
(4) Notwithstanding anything contained herein to the contrary, one (1) motorcycle maybe
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 homesitecmay 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.
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
Institute or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling.
K. Skateboard riding, scooters (motorized and push scooters), roller-skating and roller-blading are
not 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-ci in appearance. This includes, b Us not limited to, vehicles whose
exterior appearance has dete'fiorated to a point where they a Us
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, damgging, 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 foi 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 a•regulations (the only exception is of the Park's utility systems on
your space which are owned by us or a utility company so we or t y 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 a4ormet 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.
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 45106) For these
reason, small children should not be permitted in the laundry roomwithout 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 k, a pet may not be acquired 4bout written permission from the
management. Management mus it, all pets before applicationTo 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 Resideiatrithe-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 ail 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, distrilution of handbills and door-to-d* 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 Pemon 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
125. LOT USE. Actual and a0rent use defines the perimeter Coe 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 aoet'pt their 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: /- ' ZI2g-2206
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 membeef the Resident's household, oruest or other person under the
Resident's control shall not engage in criminal activity,,including rug -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 gue t-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.
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 othetwiapffect the rights of management.&ssession of rent by the resident
manager shall not be acceptan until actually approved by the Ci 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 gthsr 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:
RESIDENT
Date:
Date: • / /
Date: / /
MANAGEMENT
Date:/ /
Signature Printed name
Signature Printed name
Signature Printed name
Signature Printed name
MARINAPARK RULES AND REGULATIONS Page 17
r .. tN `l4 �1. iTrv' r� �•r ��l
— )lam"
71
FETAGREEMENT
Due to the nature of Mobilehome Park living, the following rules have been established for
keeping a pet in you home.
1. Written permission is required before you may keep a pet in this park Proof of inoculation, a copy of the license
and a picture must be supplied to the manager within seven (7) days.
2. Any pet not inside you Mobilehome or contained within a fenced yard must be kept on a leash and someone
must be attendance of the pet at times.
3.Only one pet is permitted. The pet at maturity can not exceed 25 pounds or 18 inches at the shoulders.
4. Guests and visitors are not permitted to bring pets into the park. Inform them to make other arrangements for
their pet.
5. Pets are not permitted to be walked in the park and are not allowed in the common areas.
6. Fences or enclosures for the purpose of containing a pet are not permitted.
7. Barking, growling, snarling and other noises, which disturb other residents, may result in revocation of
permission to keep your pet.
8. You are responsible for complying with all applicable state, city, and county requirements with respect to
licensing, vaccinations and leash laws.
9. You are responsible for any damage to property, waste caused by your pet and any disturbances or annoyances
caused within the park.
10. We encourage pets to be spayed or neutered. However, in the event of offspring, the park management must be
notified and written permission must be obtained for the offspring to stay in the park for an intern period.
11. Violation of any of these rules is cause for revoking permission to keep a pet in the park.
PERMISSION IS GRANTED ONLY FOR THE PET LISTED BELOW. WRITTEN PERMISSION IS REQUIRED
BEFORE AN ADDITIONAL OR REPLACEMENT PETS OBTAINED.
NAME OF PET:
TYPE/BREED:
COLOR
WEIGHT:
I have read the above rules and understand that any violation may result in the revocation of
my privilege to keep a pet.
Resident
Date
Date
Space No.
COM7
MARINAPARK
1770 WEST BALBOA BOULEVARD
NEWPORT BEACH, CALIFORNIA 92663
RENTAL AGREEMENT
This Rental agreement ("Agreement") is entered into this _L� day of'0) n e l�
2003, by and between the CITY OF NEWEIORT BEACH, a Municipal
corporation and Charter Cit (City or Owner) and:gj-Tc� 1 i a
_(Tenant), and is made with reference to the recital
a d ackno ledgments, the materiality and existence of which is stipulated and agreed
by the Parties:
A.. City is the owner, and is in possession and control, of a parcel of real property,
located northerly of Balboa Boulevard and between approximately 1511' Street
and 18th Street in Newport Beach, commonly known as Marinapark, generally
described in Exhibit "A" (Property).
B. The City Council actively solicited proposals for non-residential uses at
Marinapark and, as of February 2002, has deemed a non-residential use *of
Marinapark the most appropriate land use for the property. The City is
currently investigating an alternative use of the property and a decision to
change the use of the property may be made at any time. Notification of any
decision to change the use of the property will be given in accordance with the.
Mobilehome Residency Law, Section 798.56 (g) and other applicable law..
C. California State Lands Commission staff has asserted that a portion of the
Property consists of tidelands. City and Tenant have, in the past, claimed that
all or substantially all, of the Property leased for mobilehome residency
purposes is uplands owned by City, and City and Tenant have discussed
various bases to support that claim.
D. The State Lands Commission staff has asserted that permanent residential use
of tidelands is inconsistent with State statutory, decisional and constitutional
law. However, City and Tenant may dispute that claim.
E. The terms and conditions of this Agreement are consistent, with the provisions
of the Mobilehome Residency Law (Section 798 et. seq. of the California Civil
Code).
F. You acknowledge having received, read and understood a copy of: The
attached Mobilehome Residency Law and Park Rules and Regulations each of
which is incorporated by this reference.
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G. The terms of residency shall be solely governed by law and by the terms of this
agreement. No salesperson, broker, financial institution or any person not
specifically employed by owner has the authority or right to make statements on
behalf of City. The resident managers have no authority to modify this
agreement. This is the exclusive ayreement between City and Tenant.
H. A new Tenant warrants that Tenant has read, reviewed and executed a written
disclosure statement provided by the management at least three (3) days prior
to the execution of this rental agreement.
I. The monthly rent may be adjusted at any time during the term of this
agreement (whether the term selected is monthAo-month, twelve months, or a
term between one to twelve months), in the amount specified by the
management, on ,not less than ninety (90) days advance written notice, as ,per
Civil Code section 798,30,
J. EQUAL HOUSING OPPORTUNITY: WE DO BUSINESS IN ACCORDANCE
WITH THE STATE AND FEDERAL FAIR HOUSING LAWS. IT IS ILLEGAL TO
DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR,
RELIGION, SEX, SEXUAL ORIENTATION, HANDICAP OR DISABILITY,
FAMILIAL STATUS SOURCE OF INCOME, NATIONAL ORIGIN OR
ANCESTRY OR FOR ARBITRARY REASONS UNDER STATE LAW.
NOW, THEREFORE, the Parties do hereby mutually agree as follows:
1. DESCRIPTION OF PREMISES:
The City hereby rents to the Tenant, and Tenant accepts the rental of space
number ILL as shown on Exhibit "A" (Premises) in Marinapark, 1770 West
Balboa Boulevard, Newport Beach, California 92663.
2. TERM: (select one option as provided)
❑ The tenancy created under this Agreement shall be on a month -to -month
basis and shall commence on
The tenancy created under this Agreement shall be for a period of twelve
(12) months and shall commence on—20-03, unless sooner
terminated in accordance with the terms of this Agreement;
❑ The tenancy created under this Agreement shall be for a period of
months (from one month to twelve months) and shall
commence on , unless sooner terminated in
accordance with the terms of this Agreement.
Rental agreements of varying duration including a 12 month or less and
month -to -month have been offered. It is acknowledged' that this
agreement is chosen from such alternatives. The 12 month or less
agreement is and remains a continuing option for the tenant upon
expiration of the rental agreement under which the tenant had been
residing until the said expiration of its term.
3. RENT:
A. The monthly rent is $1129, 0 per month. Tenant shall pay as rent to Owner
without deduction or offset (without waiving Civil Code Section 1942) and on
the first day o�� each month: (1) the beginning rent of
$ (125.00 per month (as it may be adjusted as specified
herein); (2) all utility charges billed to Tenants by Owner during each month as
described herein (please note: utility rates for utilities billed to Tenant by Owner
are set by the Public Utilities Commission and other governmental agencies.
Therefore, charges for these utilities may be increased at any time in
accordance with the rates established by these entities and no advance notice
of increases in such rates will be given to Tenant by Owner); and, (3) guest
charges (with applicable exceptions pursuant to the Mobilehome Residency
Law), of $510D per day for any guest who stays more than twenty
consecutive days or more than thirty days in a calendar year. The monthly rent
0fy be adjusted at any time during the term of this agreement (whether the
m selected is month -to -month, twelve months, or a term between one to
Twelve months), in the amount specified by the management, on not less than
Jninety (90) days advance written notice.
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B. , Owner may charge a reasonable fee for services relating to the maintenance of
the land and premises upon which the Mobilehome is situated in the event the
Tenants fail to maintain such land or premises in accordance with the Rules
i And Regulations of the Park after written notification to the Tenants and the
failure of the Tenants to comply within fourteen (14) days. Tenants are not
entitled to offset or deduct rent, or reduce the amount of rent by reason of any
claim against Owner, unless by order within the final judgment of a court of
competent jurisdiction. Such charges shall be billed as further rent or as a
permissible fee at owner's option, and added to the monthly rent billing payable
on the first of the month following the date of completion of the work performed
by the management.
C. Tenants shall pay when due all real property taxes attributable to Tenant's
mobilehome and all improvements made by Tenant to Tenant's mobilehome
space and all municipal, county, stale, federal and other taxes, fees,
assessments and levies (except Owner's income taxes and franchise taxes)
levied upon the Premises, or Tenant or Owner, in connection with the use and
occupancy of the Premises by Tenant.
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D. All rent payable hereunder shall be paid in advance on the first day of each
month together with all other charges set forth on the monthly billing statement,
in full without deduction, offset, reduction, discount, claim of collateral debt or
other obligation owing. Specifically, Tenants are not entitled to offset or deduct
rent, or reduce the amount of rent by reason of any claim against Owner by
reason of any independent, collateral or other legal obligation or dispute. The
entitlement to rent shall not be deemed cross -collateralized with or against any
other legal obligation or dispute for which Owner ,s claimed to be responsible to
Tenants. Payment shall be in the form of personal check, money order, or
certified funds. Owner may however demand all prospective payments in cash,
on not less than at least ten (10) days advance written notice. If the rent is not
timely paid, demand nutices to pay or quit may be served as soon as legally
permitted. Rent and all other charges will be late if not paid in full by 5:00 P.M.
on the 5th day of each month. Tenants must pay a late charge whenever rent
or other charges are paid more than five (5) days after they are due in the
amount of Thirty -Five dollars ($35.00) and a handling charge whenever a check
is returned for any reason in the amount of Twenty-five dollars ($25.00).
Payment will be made at the Park O(fice.
E. Monies received for rent or other charges may be applied to the earliest
outstanding sums ("first in, first out") and to utilities first at Owner's discretion,
despite payer's instructions or endorsements purporting to restrict application of
payment to a specific month or time period, or purporting to pay -in -full, satisfy
or extinguish the amount or arrearage due or portion thereof. Partial payments
of monthly rents or other charges may be rejected and constitute a breach of
this agreement. However, tender of a part payment shall not be construed as
an accord and satisfaction or release of any indebtedness if accepted, despite
Tenant's purported instructions or restrictive endorsements tc, the contrary,
Acceptance of a part payment is not a waiver of the balance billed or due. The",
period of time prior to the imposition of the late charge is not a grace period or 1�
option to pay late.
4. UTILITIES:
A. Owner shall provide and separately bill to Tenant the following utilities: natural
gas at the beginning rate of $22.00. Water usage is included in monthly rent.
B. City shall not provide electricity or telephone service. Tenant shall make
arrangements directly with the utilities furnishing these services and pay such
utilities directly for them. Tenant shall contract with and pay directly for all other
utilities it may require. The charge for gas shall be paid when rent is due, and
is in addition to the obligation to pay rent. In the event Tenant fails to pay the
charge for water or gas service within ten (10) days after the amount is due,
Tenant shall pay to City a late charge of thirty-five dollars ($35.00). In the event
City provides both master meter and submeter service of utilities to Tenant, the
cost of the charges for each billing period shall be separately stated and shall
contain opening and closing readings of the meter. In such event, City shall
post rates charged by the appropriate utility in a conspicuous place. The
charge to Tenant for gas service shall be the amount of the charges paid by
Tenant as of June 1, 2002 ($22.00 per month). The charges for gas service
may be increased or decreased on or after the first day of October. Owner
further reserves the right to charge for any other separately -billed or
submetered utilities or for services actually rendered under Civil Code §798.32
(without reduction of rent or other charges) or Civil Code §798.41 (with
reduction in rent equal to cost of initial separate billing amounts). Such amounts
shall also be deemed to constitute further monthly rent.
C. Owner shall not be liable for any loss or injury, and Tenant shall not be entitled
to any abatement or reduction of rent by reason of Owner's failure to furnish
any of the foregoing utilities when such failure is caused by accident, breakage,
repairs, strikes, acts of third parties, labor disputes or by any other cause,
similar or dissimilar beyond the reasonable control of Owner. (Please Note: The
provisions of the paragraph below entitled 'Indemnification" apply to this
paragraph.)
D. Tenant shall not connect, except through existing electrical or natural gas
outlets or water pipes on the Premises any apparatus or device for the purpose
of using electric current, natural gas, water or other utility.
E. PLEASE READ CAREFULLY! FROM TIME TO TIME, THE SERVING PUBLIC
UTILITY MAY SUFFER OR CAUSE POWER OUTAGES TO THE PREMISES.
POWER OUTAGES ARE CAUSED BY MANY FACTORS: Storms, wind, heat,
ice and high demand are the most common causes of widespread power
,-outages; high power demand during heat waves and other times of unusually
high demand may overburden electric cables, transformers, and other electrical
e4uipment of Southern California Edison which then melt and fail.
F. CAUTION: INTERMITTENT POWER INTERRUPTIONS ARE FOLLOWED BY
RESTORATION OF ELECTRICITY WHICH MAY CAUSE SURGES IN
ELECTRICAL POWER. POWER SURGES OFTEN AFFECT UNPROTECTED
CONSUMER HOUSEHOLD APPLIANCES SUCH AS ELECTRONIC
EQUIPMENT (COMPUTERS, STEREOS, RADIOS, ETC.). THE OWNER IS
NOT RESPONSIBLE FOR THE DISRUPTIONS, OUTAGES, SURGES, OR
OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE
TO THE PREMISES WHICH ARE CAUSED BY SOUTHERN CALIFORNIA
EDISON. TENANT AGREES THAT OWNER IS FULLY AND
UNCONDITIONALLY RELEASED AND DISCHARGED FROM ANY AND ALL
LIABILITY WHICH ARISES AS A RESULT OF THE ACTS AND OMISSION OF
THE UTILITY COMPANY. IT IS THE RESPONSIBILITY OF THE TENANT,
EXCLUSIVELY, TO EXERCISE PRUDENT CARE FOR PROPERTY WHICH
MAY BE AFFECTED BY DISRUPTIONS, OUTAGES, SURGES, OR OTHER
IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE
PREMISES. ACCORDINGLY, TENANT HAS THE RESPONSIBILITY TO TAKE
THE FOLLOWING PRECAUTIONS:
1. Tenant has the responsibility, always, TO USE SURGE PROTECTORS
FOR THE PROTECTION OF TENANT'S PROPERTY, especially for
computer equipment, stereo equipment, radios and other electrical
appliances, devices and products which may be affected by disruptions,
outages, surges, or other irregularities in the provision of electrical
service. Unplug heat -producing items such as irons or portable heaters
to prevent a fire when power is restored.
2. Turn off and unplug all appliances and other electrical equipment, except
for a single light bulb, which will be the signal your power has been
restored. This helps ensure against circuit overloading, which could
delay restoration of service.
3. In the event of an outage, do not use candles for lighting during, an
outage, since they create a fire hazard. Use flashlights or battery -
powered lanterns instead.
4. Check the neighborhood to see if others have their power. If they do, the
problem may be a "tripped" circuit breaker.
G. IT IS RECOMMENDED THAT TENANT OBTAIN A HOMEOWNER'S
INSURANCE POLICY TO COVER DAMAGE, LOSS AND LIABILITY
ASSOCIATED WITH THE DISRUPTIONS, OUTAGES, SURGES, OR OTHER
IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE
PREMISES AND OTHER RISKS,
H: TENANTS ARE RESPONSIBLE FOR MAKING SURE THAT THEIR
MOBILEHOMES AND ALL APPLIANCES AND EQUIPMENT ARE
COMPATIBLE WITH THE ELECTRIC SERVICE NOW AVAILABLE, AND
OWNER SHALL HAVE NO LIABILITY OR RESPONSIBILITY IF THE
AVAILABLE ELECTRICAL SUPPLY IS INCOMPATIBLE OR INSUFFICIENT.
TENANTS ARE RESPONSIBLE TO MATCH THE RATING FOR THE
MOBILEHOME TO THE SERVICE PROVIDED AT THE PEDESTAL AND NOT
EXCEED IT. TENANT PROMISES THAT THE MOBILEHOME SHALL NOT
EXCEED SUCH RATING. TENANT RELEASES OWNER FROM FAILURE TO
COMPLY WITH THE AMPERAGE RATING OR EXCEEDING AVAILABLE
SERVICE. THIS RELEASE IS NOT INTENDED TO RELEASE OWNER FROM
OWNER'S WILLFUL MISCONDUCT OR ACTIVE NEGLIGENCE, BUT ONLY
TO THE EXTENT ALLOWED BY LAW. TENANT SHALL FORBEAR FROM
CONSUMING MORE AMPERAGE THAN THE EXISTING RATING FOR THE
HOMESITE, TO AVOID DAMAGE TO OWNER'S PROPERTY AND TO THE
PROPERTY OF OTHERS..
I. IF THE MOBILEHOME, APPLIANCES AND EQUIPMENT IN THE
MOBILEHOME ARE NOT COMPATIBLE WITH THE ELECTRIC SERVICE
AND CAPACITY NOW AVAILABLE OR EXCEEDS AVAILABLE SUPPLY AT
THE PEDESTAL, TENANT SHALL "DE -AMP" (REDUCE THE RATING FOR)
THE MOBILEHOME OR DISCONTINUE EXCESS DEMAND TO ENSURE
AGAINST ANY OVERLOADING OR CAUSING ANY DISRUPTION IN
SERVICE. OWNER SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO
TENANT IF THE AVAILABLE ELECTRICAL SUPPLY IS INSUFFICIENT OR
INCOMPATIBLE. TENANT IS EXPRESSLY LIABLE FOR SERVICE
DISRUPTIONS CAUSED BY EXCESSIVE DEMANDS ON THE ELECTRICAL
SYSTEM WHICH SHALL FURTHER BE DEEMED A DEFAULT AND BREACH
OF THE TENANTS' OBLIGATIONS UNDER THIS AGREEMENT.
J. 'With respect to the provision of any services or facilities (including utilities) to
Tenant, any prevention, delay, or stoppage due to strikes, walkouts, or,other
labor disputes, acts of God, inability to maintain labor or materials or
reasonable substitutes for them, governmental restrictions, regulations or
controls, judicial orders, fire/flood or other natural disaster or casualty,
breakage, repairs, and other causes beyond owner's reasonable control, will
excuse performance of these obligations for a time period equal to the delay.
Tenants will remain responsible, without abatement or reduction, for the rent,
utilities, and other charges to be paid per the terms of this Agreement. Owner
will use reasonable efforts to reinstate or repair any services or facilities,
including utilities, which have been interrupted as set forth hereinabove. If
Tenants feel that Owner is not using reasonable efforts to reinstate such
services or facilities, Tenants shall mediate the matter pursuant to the
agreement or paragraph contained herein entitled "mediation and reference of
disputes" if and only if Tenants have consented to that provision or desire to do
'S6 by mutual agreement (at the time the dispute arises) which provides 'for an
alternate dispute resolution procedure of such dispute. Owner will not be liable
under any circumstances for loss of or injury to property, however occurring
through or in connection with or incidental to the failure to furnish any services
of facilities (including utilities).
K. RESIDENT COVENANTS NOT TO CONSUME MORE AMPERAGE THAN
THE EXISTING RATING FOR THE SPACE, SO AS TO AVOID DAMAGE TO
OUR PROPERTY AND TO THE PROPERTY OF OTHERS. We will provide,
utilities and or services as specified on page one of this agreement. Any
separate charges for natural gas, electricity and water as applicable will be on a
submetered basis (if not separately charged at the inception of this agreement,
owner reserves the right and power to do so on proper notice, with or without
electing to reduce rent as per CC §798.41). Civil Code Sections 798.41 or
798.32 allow for further separated billing of utilities with corresponding
reduction of rents and such option is reserved.
5. CIVIL CODE NOTICE RE: SERVICES AND IMPROVEMENTS:
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Owner is responsible for providing and maintaining the existing services and
existing physical improvements located in the common facilities in good
working order and condition and you agree that these responsibilities of the
Park are as defined and limited by this Agreement. The services include the
following:
Park Management Services and those items set forth on page one;
(ii) Maintenance of the physical improvements of the park, including the
streets, walkways, and, common areas.
Management shall have a reasonable period of time, with respect to the
physical improvements in the common facilities, to repair the sudden or
unforeseeable breakdown or deterioration of these improvements and bring the
improvements into good working order and condition after management knows
or should have known of the breakdown or deterioration. The period of time to
do so shall not exceed: as soon as possible where health and safety is
affected, and thirty days except where exigent circumstances justify a delay; or,
otherwise as specified by law. Such repairs or other appropriate action shall be
accomplished as soon as possible in the event of any condition which may
relate to health and safety. With respect to providing any services or facilities,
any.prevention, delay, or stoppage due to strikes, walkouts, or other labor
disputes, acts of God, inability to obtain labor or materials or reasonable
substitutes for them, governmental restrictions, regulations or controls, judicial
orders, fire/flood or other natural disaster or casualty, breakage, repairs, and
other causes beyond the reasonable control of the Park, will excuse the Park's
performance of these obligations for a time period equal to the delay. You will
,remain responsible, without abatement or reduction, for the rent, utilities, and
other charges.
A. Tenant agrees to notify management immediately of any breakdown,
interruption, deterioration, or failure of any physical improvement, utility,
amenity, facility or service so a response to promptly to fulfill maintenance
responsibilities can be given. Management depends on notice to avoid and
mitigate loss, damage, injury and other liability by Tenant's prompt notice when
applicable. Tenant's good faith cooperation is important to enabling
management to timely respond.
B. Management's reasonable and conscientious efforts to maintain the Park,
despite prudent effort, will probably not be perfect. From time to time, repairs
and improvements may be needed, and Tenant may be inconvenienced.
Management hopes Tenant will please cooperate and be patient. Management
will reasonably endeavor to avoid material disruption and interference with quiet
enjoyment, and to provide advance notice of substantial interruptions or
interference which are planned or scheduled. Tenant agrees that a reasonable
job in maintaining the Park fairly describes Tenant's expectation of
mac.
management's duty to maintain the park. Management shall provide physical
improvements and services in the Park. However, services, facilities, amenities,
landscaping and other improvements in the common areas may change based
upon conservation interests and concerns; such changes may include drought
resistant landscaping, and additions, alterations or deletions of services and
facilities without reduction, discount of other offset from monthly rents. Such
changes will not alter other commitments under this Agreement. Tenant will
have the opportunity to consult if desired. An average and habitable residential
environment is provided, but not a perfect one as with any residential
neighborhood. Physical Improvements include existing common areas, office,
streets, any recreational facilities, buildings and interior improvements,
landscaping, meeting rooms, pools, related improvements and equipment.
6. USE OF PREMISES:
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A. The Premises shall be used only for residential purposes, and no business or
commercial activity shall be conducted on the Premises. Tenant agrees not to
do anything that will constitute waste, nuisance, or unreasonable annoyance.
Tenant agrees to do nothing to cause damage to the space or park. Tenant
agrees not to permit any act or maintain or permit to' be maintained any
condition on your space or mobilehome which may cause an increase in the
rate of insurance City pays or increase costs of maintenance and repair. No
activity shall be permitted which requires the issuance of a business license or
permit by any governmental agency, or which is inconsistent with community
zoning and conditional use permits, which would increase the risk of harm to
the management or to any other person or property, increase noise, dust,
vibration, odors or fumes, smoke, or any other condition offensive to the senses
or. which causes reasonable complaint, breaches the covenant of quiet
e6joyment or reduces property values; which would increase foot or vehicular
traffic, results in deliveries and delivery trucks, require storage of any thing
outside the mobilehome, require additional employees or other persons on the
space, or affect parking. Permitted occupants are:
(i) Tenant;
(ii) An additional person if Tenant is living alone;
(iii) Family members and sub -lessees entitled to occupy the premises
pursuant to the Mobilehome Residency Law; and
(iv) Short term guests. The term "short term guest" shall mean any person
who does not stay with Tenant for more than a total of twenty (20)
consecutive days or a total of thirty (30) days in any calendar year. Other
persons may not occupy the Premises with the prior written consent of
City.
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B. Tenant agrees to comply with the Rules and Regulations of Marinapark (Exhibit
"B") and further agrees these Rules and Regulations may be amended as
provided in the Mobilehome Residency Law or other relevant statute.
7. CONSIDERATION:
City reserves the right to take the position that the past rents have been below
market and constitute consideration to be applied against relocation costs upon
closure of the Park. Tenants reserve the right to dispute City's-position.
B. RELEVANT STATUTES AND RULES:
The Mobilehome Residency Law requires this Agreement to contain, among
other things, the Rules and Regulations of Marinapark and the language of the
Mobilehome Residency Law. The Rules and Regulations of Marinapark are
attached as Exhibit "B," the provisions of the Mobilehome Residency Law are
attached as Exhibit "C," and both documents are incorporated into this
Agreement by reference. The Marinapark Rules and Regulations and the
Mobilehome Residency Law may be amended or modified from time to time,
and these amendments and modifications shall be deemed to be incorporated
into the documents attached as Exhibits "B" and "C," respectively, when
effective.
9. SALE OR ASSIGNMENT:
Subject to the terms of this Section, Tenant may sell the mobilehome located on the
Premises pursuant to the rights, and subject to the obligations, of Tenant under the
Mobilehome Residency Law and any other applicable statutes. If the mobilehome
that is the subject of the sale or transfer is to remain on the Premises, or if Tenant
proposes to assign Tenant's interest in this Lease to any person or persons who is
(are) to reside on the Premises, Tenant and/or the proposed transferee must do the
following:
A. Tenant must give notice of the sale or assignment to City prior to close of
escrow.
B. The sale or assignment shall not be effective unless City has given prior written
approval, the transferee has executed a new rental agreement provided by
City, and the transferee has expressly agreed to be bound thereto.
C. Tenant agrees that occupancy of the Premises shall be limited as provided in
this Agreement and Tenant agrees not to sublease or otherwise transfer any
partial interest in this Agreement.
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D. The requirements for any mobilehome proposed to be installed on the space is
as follows: Management must first approve a mobilehome before it may be
installed in the park. No mobilehome which in excess of twelve feet in height
may be installed in the park. The proposed mobilehome must fit upon the space
in the position specified by management. Management reserves the right to
require the largest possible mobilehome commercially available to be sited
upon the space. Established set backs must be honored, and may not be
changed. Roof material must be non -glare composition or wood shake
shingles for the mobilehome, awnings and any storage or other structures on
the space. All installations and improvements must be approved by
management before work is commenced to avoid damage to underground
utilities. Management must further approve a written plan, to be submitted for
approval as required by law, showing the proposed location with measurements
and dimensions evidencing conformance to all setback requirements required
bylaw including Title 25 of the Code of Administrative regulations and local
ordinances. A tie down system in compliance with §1336.3 of Paragraph (a) of
Title 25 is required. A vapor retarding ground cover of six (6) mil polyethylene
or equivalent over the ground, under the home is required. Under floor areas
shall be ventilated 1 sq. ft. for each 150 sq. ft. of- under floor area. Air
conditioners, compressors and necessary accessories will be considered and
approval of same shall be at management's sole discretion. No changes shall
be made to the grade of the lot that would cause any runoff to adjacent space
or common areas. Lot must meet HCD requirements for drainage. Only mobile
homes manufactured in 1976 or later are permitted. No new cabanas may be
constructed. Eaves are permitted only if applicable set back requirements can
be met. Hitches must be removed from home and stored under the
mobilehome. Porch, steps and ramps must be built to Title 25 Requirements.
No aluminum porches are permitted, and shall not encroach set back
requirements or required parking space. Any required handrail, porch, or step
railing shall be wood, painted to match home/trim color. No upgrading or
tampering with the electrical /gas service shall be permitted even by a licensed
contractor. No mobilehome is permitted which is rated at higher amperage than
the pedestal. Additional requirements are set forth in the rules and regulations.
E. Notwithstanding any other provision in this Agreement, Tenant shall have the
right to assign its interest in this Agreement to a spouse, son and/or daughter
provided, however, the Premises shall be used as the primary residence of the
assignee and the assignee shall be bound by all provisions of this Agreement.
F. City shall approve ahy such transfer, if the transferee has the financial ability to
pay the rent and charges and otherwise comply with the terms and conditions
of this Agreement, provided, however, City may withhold approval if it
determines that, based upon the transferee's prior tenancies, the transferee will
not comply with the Rules and Regulations of Marinapark (Exhibit "B").
10. SUBLEASING:
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A. The Premises shall constitute Tenant's residence, whether primary or
secondary. Tenant agrees not to sublease or rent the mobilehome or
otherwise transfer any interest in this Lease, except to the extent that the right
to sublet or transfer is specifically provided by this Agreement.
B. Management shall permit a tenant to rent his or her mobilehome that serves as the
homeowner's residence or sublethis or herspace underthe circumstances described
in and in compliance with the provisions of AB 1410 effective January 1, 2003. Only
one mobilehome may be subleased by the tenant though the tenant may own or
control one or more mobilehomes or homesites in the Park.. Any sub -lease created
in compliance with AB 1410 shall not create a landlord/tenant relationship as between
City and sublessee. It is specifically agreed and understood that Sublessee cannot
become a resident by attempting or purporting to pay City such monies. Receipt,
retention, acceptance•oripossession of any monies from the sublessee shall only be
on behalf of the Tenant: As between City and sublessee there is no privity of estate
or contract. Tenant hereby further agrees to defend and indemnify City, at Tenants
sole expense, from any claims, liabilities, or actions brought by sublessee against the
Park or for any action brought against the City by any person arising out of conduct
related to Sublessee's conduct within the Park.
11. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS:
Tenant shall, at its cost and expense, maintain in good order and condition any
mobilehome, cabana or other improvement located on the Premises. Tenants
also agree that all landscaping on the Premises shall be limited to three feet (3)
in height, to preserve views and open space. City may chargd a reasonable
fide for services relating to the maintenance of the Premises in the event Tenant
fails to maintain the Premises in accordance with the provisions of this
Agreement and the Rules and Regulations of Marinapark (Exhibit "B"), after
giving written notification to Tenant and Tenant's failure to comply within
.fourteen (14) days from the date of written notice. The written notice shall
contain all.information required by the Mobilehome Residency Law,
12. PHYSICAL IMPROVEMENTS AND SERVICES:
13.
Tenant shall have the nonexclusive right to use all of the common areas and
common facilities located within Marinapark, including but not limited to streets,
non -restricted parking areas, laundry facilities, restrooms and showers located
in the common areas and common facilities and designated for use by
residents.
12
City retains the right to amend or modify the Marinapark Rules and
Regulations, the Terms of this Agreement, and the nature of the physical
improvements or services to be provided,•after complying with the provisions of
the Mobilehome Residency Law and other applicable law. The right to amend
the Terms of this Agreement, the Marinapark Rules and Regulations and the
physical improvements and services to be provided by City include, without
limitation, the right to reduce the size of, or eliminate, any physical
improvement, common area, common facility or equipment without
corresponding reduction or adjustment in rent.
14. RIGHT OF ENTRY:
15.
Tenant, subject to the right of revocation as set forth in the Mobilehome
Residency Law, hereby grants written consent to City to enter the,premises for
the purpgse,of inspecting, improving, maintaining, repairing or replacing gas,
water and, "sewage systems owned and maintained by City. Subject to the
obligation of City to exercise ordinary care, any damage, loss or injury to
Tenant's home, property of Tenant or the Premises which results from efforts of
City to maintain, repair, improve or replace the gas, water or sewage systems
shall be the sole responsibility of Tenant, and City shall not be responsible for
reimbursing any cost or expense incurred by Tenant as a result of such efforts,
nor shall City be responsible for repairing, replacing or otherwise restoring the
mobilehome, the Premises or any improvements thereon to the state or
condition immediately prior to the maintenance, replacement or repair efforts.
The rights and duties set forth in this paragraph are intended to implement and
shall be exercised consistent with the Mobilehome Residency Law.
Tlie California Department of Justice, county sheriffs departments, police
departments serving jurisdictions of 200,000 or more and many other local law
enforcement authorities maintain for public access a data base of the locations
of persons required to register pursuant to paragraph (1) of subdivision (a) of
Section 290.4 of the California Penal Code. The database is updated on a
quarterly basis and is a source of information about the presence of these
individuals in any neighborhood. The Department of Justice maintains a Sex
Offender Identification Line through which inquiries about individuals may be
made. This is a "900" telephone service. Callers must have specific information
about individuals they are checking. Information regarding neighborhoods is not
available through this telephone service.
16. HOLD HARMLESS:
A. Tenant covenants to indemnify, defend and hold City, and its representatives,
officers, agents and employees, harmless from any and all claims or demands
of any name or nature whatsoever arising out of, or incident to, Tenant's use
13
and occupancy of the Premises, and to indemnify City for any cost, liability or
expense caused by or arising out of any injury or death of persons or damage
to property which may occur upon or about the Premises or caused by or
arising out of any activities or omission of Tenant, or Tenant's agents,
employees, licensees and/or invitees, including, without limitation, injury or
death of Tenant, or Tenant's agents, employees, licensees and invitees and
damage to their property or Tenant's property, except for any damage or injury
of any kind arising out of the active negligence, fraud or willful misconduct of
City, its representatives, officers, agents or employees. This section is intended
to provide City with a release from liability to the fullest extent allowed by law
and not exceeding the rights of the City to do so either under Civil Code section
1953 ("[a] Any provision of a lease or rental agreement of a dwelling by which
the lessee agrees to modify or waive any of the following rights shall be void as
contrary to public policy: . . .[5] His right td have the landlord exercise a duty of
care to prevent personal iniurgor personal property damage where that duty is
imposed by law") or section-1668 ("All contracts which have for their object,
directly or indirectly, to exempt anyone from responsibility for his own fraud, or
willful injury to the person or property of another, or violation of law, whether
willful or negligent, are against the policy of the law"). City does not admit the
applicability of section 1953 to a mobilehome space.
B. Tenant, as a material part of the consideration under this Agreement, hereby
waives all claims against City for any damage or loss from any cause arising at
any time, including, but not limited to fire, theft, Acts of God, vandalism or any
physical damage while the mobilehome remains on the Property, unless
caused by the active negligence or willful misconduct of City's representatives,
officers, agents or employees. Tenant agrees to indemnify and hold City, and
its representatives, officers, agents and employees, harmless from and on
a4count of any and all damage or injury to any person or equipment in or on the
mobilehome arising from any cause or from the negligence of Tenant, and
Tenant's family or guests.
C. ANY CLAIM OR SUIT BETWEEN THE PARTIES FOR DAMAGES FOR
PERSONAL OR BODILY INJURY OR PROPERTY DAMAGE AND OTHER
APPLICABLE CLAIMS MUST BE COMMENCED IN ACCORDANCE WITH
THE PROCEDURES FOR MAKING CLAIMS AGAINST GOVERNMENTAL
ENTITIES PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA
GOVERNMENT CODE.
D. The value of the mobilehome may decline. Since a substantial portion of the
present value of Tenant's mobilehome or coach is attributable to the rent
charged by this Lease, the value of the premises and the proximity of the
premises to lower Newport Bay, you should investigate before purchasing.
City's only obligation is to provide reasonable cost of relocation on
closure of the park. Please investigate thoroughly before executing this
agreement.
14
17. TERMINATION:
A. Tenant may terminate this Agreement, without any further liability to City, upon
sixty (60) days written notice to City and upon condition that all persons
occupying the mobilehome terminate their tenancy within that period and
remove the mobilehome and all other improvements from the park
B. City may terminate this Agreement for the reasons specified, and according to
the procedures set forth in the Mobilehome Residency Law.
18. ATTORNEYS' FEES:
Should either City or Tenant be required to employ counsel to enforce the
terms, conditions —and covenants of this Agreement, the prevailing Party shall
recover all reasonable attorneys' fees (and court costs if applicable) incurred
therein pursuant to the Mobilehome Residency Law.
19. REMEDIES CUMULATIVE:
The rights, powers, elections and remedies of the Parties contained in this
Agreement shall be construed as cumulative and no one of them shall be
considered exclusive of the other or exclusive of any rights or remedies allowed
by law, and the exercise of one or more rights, powers, elections or remedies
shall not impair or be deemed a waiver of either Party's right to exercise any
other.
20. NO WAIVER:
A. i No delay or omission of either Party to exercise any right or power arising from
any omission, neglect or default of the other Party shall impair any such right or
power or shall be construed as a waiver of any such omission, neglect or
default on the part of the other Party or any acquiescence therein. No waiver of
any breach of any of the terms, covenants, agreements, restrictions or
conditions of this Agreement shall be construed as a waiver of any succeeding
breach of the same or of any of the terms, covenants, agreements, restrictions
or conditions of this Agreement.
B. Acceptance of rent shall not reinstate or create a tenancy. Conditional
acceptance of rent pending approval of tenancy shall not be deemed to create
a tenancy or waive any requirements applicable to tenancy, purchaser
application or approval requirements or assignment or transfer requirements.
Acceptance of rent after service of a notice to terminate tenancy as specified in
Civil Code §798.57 'shall not waive, affect or prejudice the notice. Nor shall
routine service of other notices, Management communications, or other actions
or omissions of the Management waive, prejudice, or affect the right to
15
0 0
terminate tenancy, process a purchaser application and approve a tenant for
tenancy, or otherwise affect the rights of Management. Possession of rent by
the resident manager shall not be acceptance until actually approved by the
park owner; accordingly, the receipt by or the tender of payment to the resident
park manager shall be conditional and for custody purposes only until approved
and accepted by the park owner.
C. Owner may exercise any right under the terms of this agreement, or the Rules
and Regulations as amended or modified, or any other right of the management
under applicable law, and do so on or at any time subsequent to the date such
right became effective hereunder, and do so retroactively to the date the right
initially became effective or enforceable, by and upon demand for performance,
including payment of any rent adjustments or other monies from or for the date
such right first accrued through to and including the date of the demand and
thereafter. Any delay, forbearance; whether intentional or inadvertent, in
enforcing any right of the management for which subsequent demand is made
shall not be construed as a waiver, estoppel, release or acquittal thereof,
accord and satisfaction thereof, settlement in whole or part thereof; shall not
constitute laches in respect thereto; and, shall not render any such right
unenforceable or be a defense against enforcement of such rights from the
time such right could first be exercised and thereafter.
21. COMPLIANCE WITH LAWS.
A. Tenant covenants and agrees to comply with all rules, regulations, statutes,
ordinances and laws of the State of California and City or any other
governmental body or agency having lawful jurisdiction over the Premises
,and/or the Property. Tenants agree to abide and conform with all the terms
acid conditions of this Agreement, the Rules and Regulations, all rules,
regulations, terms and provisions contained in any document referred to in this
Agreement, and said rules, regulations terms, and provisions as may from time
to time be amended modified or otherwise changed by Owner as permitted by
the terms of this Agreement.
B. Any violation of the Rules and Regulations shall be deemed a public nuisance.
Tenants agree that a breach of this Agreement or any of the Rules and
Regulations cannot reasonably or adequately be compensated in damages in
an action of law, and therefore, Owner shall be entitled to injunctive relief
including but not limited to restraining Tenants (or family members, guests or
other invitees) from continuing to breach any such rules or regulations term or
condition or to allow a condition violative of a rule or regulation term or
condition to exist or continue to exist without proving irreparable harm or lack of
adequate legal remedy.
22. MOBILEHOME RESIDENCY LAW / ZONING AND USE PERMIT
INFORMATION:
16
Pursuant to Civil Code section 798.27 ("(a) The management shall give written
notice to all homeowners and prospective homeowners concerning the
following matters: (1) the nature of the zoning or use permit under which the
mobilehome park operates. If the mobilehome park is operating pursuant to a
permit subject to a renewal or expiration date, the relevant information and
dates shall be included in the notice....'), Tenant is hereby notified as follows:
A. Tenant acknowledges having received and read a copy of the provisions of the
Mobilehome Residency Law (Exhibit "C") as presently constituted, and the
Marinapark Rules and Regulations (Exhibit "B").
B. The Property is currently zoned "Planned Community." There are no conditional
use permits or other permits required to operate the Property as a mobilehome
park. City owns the PEpRerty, but its use may be limited to the extent the
Property is determined to'be tidelands and subject to the public trust applicable
to tidelands.
23. ENTIRE AGREEMENT:
This Agreement and the documents referred to herein constitute the entire
agreement between Tenant and Owner pertaining to the subject matter
contained herein and supersedes all prior and contemporaneous agreements,
representations and understandings of the parties, whether written or oral.
Paragraph titles are for identification and reference only and are not part of this
Agreement and shall not be used to interpret this Agreement Each term and
provision of this agreement to be performed by the Tenant or which is a duty of
,the Tenant shall be deemed to be both —a --condition and a covenant.
Additionally, a breach of any each such term and provision shall also be
deemed to constitute a rule and regulation for purposes of Civil Code section
798.56 and may constitute grounds for the termination of tenancy as a violation
of a rule and regulation.
24. NOTICES:
All notices and other communications shall be in writing, shall be sent by first
class registered or certified United States mail, postage prepaid, and shall be
deemed effective at the expiration of seventy-two (72) hours after the day of
mailing addressed:
A. To Lessor:
City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA, 92658
17
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With a copy to:
City Clerk's Office
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA, 92658
or at such other addresses as Lessor shall have furnished to Tenant;
and
To Tenant:
By delivering a copy to .the Tenant personally; or Tenant be absent from
the mobilehome, by leaving a copy with some person of suitable age and
discretion who may be occupying4lhe mobilehome; or no one can be
found, then by affixing a copy of the notice in a conspicuous place on the
Premises or mobile home and also sending a copy through the mail
addressed to Tenant. Since a substantial portion of the present value of
Lessee's mobilehome or coach Is attributable to the value of the
premises and the and the proximity of the premises to lower Newport
Bay,
B. Following notice by City of any amendment, all other provisions of the Lease
shall remain in full force and effect in their original form.
26. TIME OF ESSENCE:
Time is of the essence in this Agreement and each and every provision hereof.
261, EMINENT DOMAIN:
If the entire Park, or a portion thereof so that, in City's sole opinion, the balance
remaining is not suitable for a mobilehome park, is taken under the power of
eminent domain, or is sold to any authority having the power of eminent
domain, either under threat of condemnation or while condemnation
proceedings are pending, then this Agreement shall automatically terminate on
proper notice as of the date the condemning authority takes possession,
precondemns, notices its intent to condemn or files a condemnation action or
other action which relates thereto.
27. INSURANCE:
Owner does not carry public liability or property damage insurance to
compensate Tenants, Residents, guests or any other person from any loss,
damage or injury except those resulting from situations where Owner would be
legally liable for such loss, damage or injury. If Tenants desire such or similar
18
insurance coverage, it should be obtained by Tenants, insuring against loss
and casualty by fire, earthquake, flooding, theft, other liability and casualty
which relates to the mobilehome, other improvements and contents to full
insurable value, personal liability and such other insurance as is necessary and
appropriate. Tenants are advised to obtain a homeowner's policy in accordance
with the guidelines and requirements specified by a lender, and Uno lender,
then in such sums and for such coverage as would be so required if so
financed.
28. PARTIAL INVALIDITY:
Certain terms and provisions of this Agreement and other documents referred
to in this Agreement refer to restate or summarize provisions of the
Mobilehome Residency Law and other applicable laws. In every instance it is
intended that these references -,restatements and summaries will accurately
reflect the law and correctly set' forth Tenants' and Owner's rights liabilities
duties and obligations to one another and to other persons. The same is'true of
all of the other provisions of this Agreement and the other documents used by
the Park. If any of the provisions of this Agreement or the other documents
used by the Park fail in any way to meet the above criteria then it is
unintentional and all such provisions shall be deemed to be automatically
revised to correctly reflect the Owner's and Tenants' rights, liabilities, duties
and_ obligations under the provisions of the Mobilehome Residency Law and all
other applicable laws. Tenants agree to promptly notify Owner in writing of any
instance where Tenants believe that any of the provisions of this Agreement or
the other documents used by the Park fail to meet the above criteria. If any
term or provision of this Agreement or any document referred to in this
,Agreement or the application thereof to any person or circumstances shall to
any extent be invalid or unenforceable the remainder of this Agreement or the
other document or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable
shall not be affected thereby and each term and provision of this Agreement or
the other document shall be valid and be enforced to the fullest extent
permitted by law.
29. ENTIRE AGREEMENT:
A. The resident manager, other personnel, mobilehome dealers, the sales person
and seller from whom the mobilehome was purchased by Tenants and other
persons are not authorized to make any representations or agreements with
Tenants respecting the Community unless those agreements and
representations are contained in this Agreement and the other documents and
posted signs referred to in it. Therefore, Tenants agree that this Agreement and
the other documents and posted signs referred to in it are the entire agreement
between Tenants and Owner regarding the subjects covered by this
Agreement, other documents and signs. This Agreement, the rules and
19
regulations and the purchase agreement with Owner constitute the exclusive
statement of the agreement and supersedes all prior and contemporaneous
agreements, representations and understandings.
B. Each party has relied on his own examination of this Agreement and counsel of
his own advisers, and the warranties, representations and covenants in the
Agreement itself. Failure or refusal of either party to inspect the premises or
improvement, to read the Agreement or other documents or to obtain legal or
other advice relevant to this transaction constitutes a waiver of any objection,
contention or claim that might have been based on such reading, inspection or
advice. Additionally, in any interpretation of this Agreement it shall be deemed
that this Agreement and its exhibits were written by both parties.
C. It is further agreed by and between the'parties that the legal relationship that
exists pursuant to this Agreement is a rental agreement, and that there are not
other legal rights or relationships inferred. Tenants warrant and agree that they
have .no other rights, title or interest in the property upon which the Park is
located or in the above described space other than that which is specifically set
forth in this document.
30. DRAINAGE AND GRADING:
A. The existing drainage pattern and grading of the space may not be changed
without Management's consent. Tenant is responsible for maintaining the
space so that water does not accumulate or stand under the mobilehome or on
the Space. Water on the space is required to drain off the space in a fashion as
to avoid runoff onto another mobilehome space. Tenant shall ensure the
skirting attached to the mobilehome is not extended into the grade which would
cause moisture or water to accumulate under the mobilehome. All watering
systems shall be installed, maintained and adjusted as necessary to avoid
water run-off and standing water on the premises. Any berms on the space
shall be installed and maintained to avoid the accumulation of water on the
space or under the mobilehome. Any masonry skirting must contain sufficient
openings as to prevent accumulation of water on the space or under the
mobilehome.
B. Homeowner warrants to that the mobilehome and areas under the mobilehome
and homesite are free of and from mold. Homeowner is also responsible for
mold cleanup. The mobilehome should be inspected by a competent home
inspection contractor periodically. It is imperative to treat and remove all molds
as if potentially harmful. Among the conditions to be checked should be
presence of any mold in or about the mobilehome. The following are sources of
indoor moisture that may cause problems: flooding, backed -up sewers, leaky
roofs, humidifiers, mud or ice dams, damp crawl spaces, constant plumbing
leaks, house plants -watering can generate large amounts of moisture, steam
from cooking, shower/bath steam and leaks, wet clothes on indoor drying lines,
20
clothes dryers vented indoors, combustion appliances (e.g. stoves) not
exhausted to the outdoors. Homeowner is responsible for avoiding any such
conditions and for remediation if same should occur.
31. NO THIRD -PARTY RIGHTS:
Tenant is not a third -party beneficiary of any other agreement between Owner
and anyone. The terms and provisions may differ between rental agreements
and rules and regulations in force in the park, and no one may rely on the
enforcement of any other's rental agreement or rules and regulations. There
are no third party beneficiaries to this agreement.
32. NO RECORDING:
No recording of this Agreement on anyiF4emorandum of this Agreement may be
made without the prior written conserit of Owner, which consent may be
withheld in Owner's sole discretion.
33. LOT LINES:
"Space" includes the area'as defined by the perimeter of the mobilehome and
its horizontal projections of its accessory structures. This understanding is
based on the public ownership of the property on which the expectations of
occupation which Tenant may use and enjoy. Therefore, Tenant may not rely
on any markers to define the area of use and enjoyment to be expected due to
the rights of the public, entitled to entry within the park.
34. ALTERATIONS AND ADDITIONS:
Tenant agrees not to make any alterations, improvements, additions or utility
installations to, on or about the homesite or mobilehome, nor install, remove or
change any existing improvements, or modify the drainage or landscaping nor
make any contract for such work without Owner's prior written consent and
approval. Tenant is responsible for all conditions under the mobilehome
including grading, compaction, subsidence, drainage, moisture, and ventilation.
In giving or withholding consent to any such work, Owner may, at its option,
consider and base consent or refusal of consent entirely upon aesthetic
considerations and the compatibility of such changes to the Community. If
Tenant fails to obtain prior written consent and approval, all such alterations,
improvements, additions or utility installations shall be promptly removed at
Tenant's sole expense, upon Owner request.
35. OPPORTUNITY TO REMEDY:
If, at any time, Tenant believes owner has not fulfilled any legal obligations,
Tenant agrees to immediately give owner written notice specifying what is
21
believed owner has failed to do and indicating what Tenant believes owner
must do in order to fulfill these obligations. This notice shall be as detailed as
possible so that owner may fully understand Tenant's concerns. Tenant agrees
that owner will have at least ninety (90) days, or such longer period as is
reasonably necessary, after receipt of Tenant's notice to remedy the problem(s)
Tenant has identified. If Tenant fails to promptly give owner this written notice
as soon as Tenant is aware of any problem(s), or Tenant fails to give owner a
reasonable opportunity to remedy the problem(s), owner will have no liability to
Tenant for any expense, cost, damage or injury which Tenant may sustain as a
result of the problem(s). If owner fails to remedy the problem(s) within a
reasonable time after receipt of written notice, the problem(s) will be subject to
mediation if such an agreement has been reached between the Parties.
36. ENVIRONMENTAL PROTECTION:
A. Proper "hazardous substances" and waste disposal is required of all Tenants.
Typical hazardous substances include automobile, boat and motorcycle
batteries, household batteries, cleaning fluids and solvents, gasoline, paint and
other thinners, oils, brake fluids, transmission fluids, radiator fluids and coolants
and petroleum products. No Tenants may keep or store, in any place including
within or about the mobilehome, homesite, storage shed or elsewhere in the
Community, any hazardous substances in excess of the quantities required for
typical single family household use. Additionally, Tenants may not cause any
environmental hazard, including any exposure to, contact with, spill or deposit
of any hazardous substance or waste. Tenants are prohibited from violating
any law relating to environmental protection, hazardous substances or waste.
This includes, but is not limited to, for example, changing or discarding auto
batteries, oil, brake and radiator fluids, automatic transmission fluid, air
I nditioning gases, or grease in any motor vehicle or machine. Tenants may
not cause or allow hazardous substances or waste to be disposed of anywhere
in the Community, including, but not limited to, trash cans, trash bins, the
sewage disposal system, or any other trash or disposal area in the Community.
Such substances must be physically removed from the Community and
disposed of elsewhere in compliance with law. In the event of any spill or
deposit of hazardous substances in the Community, Tenants are required by
law to immediately notify management. Management reserves the right to
inspect the homesite for hazardous substances.
B. In addition to other remedies allowedby law, Tenants will indemnify and hold
the Owner harmless for any such environmentally hazardous act or omission
prohibited by this rule or law, including any compensatory damages, statutory
damages, punitive damages, expense and attorney's fees and costs sustained
by the Community. Tenants will also be required to reimburse the Community
for any actual attorney's fees, litigation expenses, and costs incurred in
defending any action against the Community as a result of any environmentally
hazardous act or omission of Tenants, Residents, Guests, Contractors and
22
invitees. For purposes of this rule, "hazardous substances" includes without
limitation: (1) Those substances included within the definitions of "hazardous
substance," "hazardous waste," "hazardous material," "toxic substance," "solid
waste," or "pollutant or contaminant" in federal law including C.E.R.C.L.A.,
R.C.R.A., T.S.C.A., H.M.T.A., or under any other Environmental Law; (II)
Those substances listed in the United States Department of Transportation
(D.O.T.) Table [49 C.F.R. 172.101 j, or by the Environmental Protection Agency
(E.P.A.), or any successor agency, as hazardous substances [40 C.F.R. Part
302]; (III) Other substances, materials, and wastes that are or become
regulated or classified as hazardous or toxic under federal, state, or local laws
or regulations; and (IV) Any material, waste, or substance that is: (V) a
petroleum or refined petroleum product, (i) asbestos, (ii) polychlorinated
biphenyl, (iii) designated as a hazardous substance pursuant to 33 U.S.C. §
1321 or listed pursuant to 33 U.S.0 § 1317. (VI) a flammable explosive, or (VII)
a radioactive material.
37. COUNTERPARTS:
This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which taken together shall constitute but one and
the same instrument.
38. NON -RESPONSIBILITY OF PARK:
Owner is not responsible to inspect and approve any work done by Tenant or
for Tenant by others, including, but not limited to, the installation of the
mobilehome, driveway, walkways, fences or any other equipment or
improvements of any type. To the extent that Owner may inspect or approve
something, it is for Owner's own purpose only and Tenant is not entitled to rely
on that inspection or apprn•vnl to ensure that the item has been installed or
constructed correctly or that the work has otherwise been done as required.
Instead, Tenant is responsible for all required inspections and approvals and
Tenant agrees to indemnify and hold Owner harmless from any work which is
improperly done.
IN WITNESS WHEREOF, the Partic� hovo caused this Agreement to be executed the
day and year first above written.
CITY OF NEWPORT BEACH
a municipal corporation.
2;
omer Bludau ity Manager
APPROVED AS TO FORM:
i
Robin L. Clauson, Assistant City Attorney
F:\users\cat\shared\cp•da\Projects\MndnnFai�Y.1070? dor
24
topy
MARINAPARK
1770 WEST BALBOA BOULEVARD
NEWPORT BEACH, CALIFORNIA 92663
RENTAL AGREEMENT
This Rental agreement ("Agreement') is entered into this day ofAl�,�
2003, by and between the CITY OF NEWPORT BEACH, a municipal
corporation and Charter City (City or Owner) and CV�9
(Tenant), and is made with reference to the recital
and acknowledgments, the materiality and existence of which is stipulated and agreed
by the Parties:
A. City is the owner, and is in possession and control, of a parcel of real property,
located northerly of Balboa Boulevard and between approximately 15'" Street
and 18th Street in Newport Beach, commonly known as Marinapark, generally
described in Exhibit "A" (Property).
B. The City Council actively solicited proposals for non-residential uses at
Marinapark and, as of February 2002, has deemed a non-residential use'of
Marinapark the most appropriate land use for the property. The City is
currently investigating an alternative use of the property and a decision to
change the use of the property may be made at any time. Notification of any
decision to change the use of the property will be given in accordance with the.
Mobilehome Residency Law, Section 798.56 (g) and other applicable law..
C. California State Lands Commission staff has asserted that a portion of the
Property consists of tidelands. City and Tenant have, in the past, claimed that
all or substantially all, of the Property leased for mobilehome residency
purposes is uplands owned by City, and City and Tenant have discussed
various bases to support that claim.
D. The State Lands Commission staff has asserted that permanent residential use
of tidelands is inconsistent with State statutory, decisional and constitutional
law. However, City and Tenant may dispute that claim.
E. The terms and conditions of this Agreement are consistent, with the provisions
of the Mobilehome Residency Law (Section 798 et. seq. of the California Civil
Code).
F. You acknowledge having received, read and understood a copy of: The
attached Mobilehome Residency Law and Park Rules and Regulations each of
which is incorporated by this reference.
G. The terms of residency shall be solely governed by law and by the terms of this
agreement. No salesperson, broker, financial institution or any person not
specifically employed by owner has the authority or right to make statements on
behalf of City. The resident managers have no authority to modify this
agreement. This is the exclusive agreement between City and Tenant.
H. A new Tenant warrants that Tenant has read, reviewed and executed a written
disclosure statement provided by the management at least three (3) days prior
to the execution of this rental agreement.
ylk 1. The monthly rent may be adjusted at any time during the term of this
agreement (whether the term selected is month -to -month, twelve months, or a
term between one to twelve months), in the amount specified by the
management, on not less than ninety (90) days advance written notice, as per
Civil Code section 798.30.
J. EQUAL HOUSING OPPORTUNITY: WE DO BUSINESS IN ACCORDANCE
WITH THE STATE AND FEDERAL FAIR HOUSING LAWS. IT IS ILLEGAL TO
DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR,
RELIGION, SEX, SEXUAL ORIENTATION, HANDICAP OR DISABILITY,
FAMILIAL STATUS SOURCE OF INCOME, NATIONAL ORIGIN OR
ANCESTRY OR FOR ARBITRARY REASONS UNDER STATE LAW.
NOW, THEREFORE, the Parties do hereby mutually agree as follows:
DESCRIPTION OF PREMISES:
The City hereby rents to the Tenant, and Tenant accepts the rental of space
number (l-h as shown on Exhibit "A" (Premises) in Marinapark, 1770 West
Balboa Boulevard, Newport Beach, California 92663.
2. TERM: (select one option as provided)
o The tenancy created under this Agreement shall be on a month -to -month
basis and shall commence on
The tenancy created under this Agreement shall be for a p'e,,�.� d of twelve
(12) months and shall commence on ie f(,�Ress sooner
terminated in accordance with the terms of this Agreement;
o The tenancy created under this Agreement shall be for a period of
months (from one month to twelve months) and shall
commence on , unless sooner terminated in
accordance with the terms of this Agreement.
0 0
Rental agreements of varying duration including a 12 month or less and
month -to -month have been offered. It is acknowledged that this
agreement is chosen from such alternatives. The 12 month or less
agreement is and remains a continuing option for the tenant upon
expiration of the rental agreement under which the tenant had been
residing until the said expiration of its term.
3. RENT: ID D i!
A. The monthly rent is $ per month. Tent shall pay as rent to Owner
without deduction or offset (without waiving Civil Code Section 1942) and on
the first day of each month: (1) the beginning rent of
$ /.�'" per month (as it may be adjusted as specified
herein); (2) all utility charges billed to Tehants by Owner during each month as
described herein (please note: utility rates for utilities billed to Tenant by Owner
are set by the Public Utilities Commission and other governmental agencies.
Therefore, charges for these utilities may be increased at any time in
accordance with the rates established by these entities and no advance notice
of increases in such rates will be given to Tenant by Owner); and, (3) guest
charges (with applicable exceptions pursuant to the Mobilehome Residency
Law), of $ 5701 per day for any guest who stays more than twenty
consecutive days or more than thirty days in a calendar year. The monthly rent
may be adjusted at any time during the term of this agreement (whether the
term selected is month -to -month, twelve months, or a term between one to
twelve months), in the amount specified by the management, on not less than
ninety (90) days advance written notice.
B. Owner may charge a reasonable fee for services relating to the maintenance of
the land and premises upon which the Mobilehome is situated in- the event the
Tenants fail to maintain such land or premises in accordance with the Rules
And Regulations'of the Park after written notification to the Tenants and the
failure of the Tenants to comply within fourteen (14) days. Tenants are not
entitled to offset or deduct rent, or reduce the amount of rent by reason of any
claim against Owner, unless by order within the final judgment of a court of
competent jurisdiction. Such charges shall be billed as further rent or as a
permissible fee at owner's option, and added to the monthly rent billing payable
on the first of the month following the date of completion of the work performed .
by the management.
C. Tenants shall pay when due all real property taxes attributable to Tenant's
mobilehome and all improvements made by Tenant to Tenant's mobilehome
space and all municipal, county, stale, federal and other taxes, fees,
assessments and ,levies (except Owner's jncome taxes and franchise taxes)
levied upon the Premises, or Tenant or Owner, in connection with the use and
occupancy of the Premises by Tenant.
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D. All rent payable hereunder shall be paid in advance on the first day of each
month together with all other charges set forth on the monthly billing statement,
in full without deduction, offset, reduction, discount, claim of collateral debt or
other obligation owing. Specifically, Tenants are not entitled to offset or deduct
rent, or reduce the amount of rent by reason of any claim against Owner by
reason of any independent, collateral or other legal obligation or dispute. The
entitlement to rent shall not be deemed cross -collateralized with or against any
other legal obligation or dispute for which Owner is claimed to be responsible to
Tenants. Payment shall be in the form of personal check, money order, or
certified funds. Owner may however demand all prospective payments in cash,
on not less than at least ten (10) days advance written notice. If the rent is not
timely paid, demand notices to pay or quit may be served as soon as legally
permitted. Rent and all other charges will be late if not paid in full by 5:00 p.m.
on the 5th doy of each month. Tenants 111ust pay a late charge whenever rent
or other charges are paid more than five (5) days after they are due in the
amount of Thir'iy-Five dollars ($35.00) and a handling charge whenever a check
is returned for ,any reason in the amount of Twenty-five dollars ($25.00).
Payment will be made at the Park Office.
E. Monies received fos rent or other charges may be applied to the earliest
outstanding sums ("first in, first out") and to utilities first at Owner's discretion,
despite payer's instructions or endorsements purporting to restrict application of
payment to a specific month or time period, or purporting to pay -in -full, satisfy
or extinguish the amount o, arrearage due or portion thereof. Partial payments
of monthly rents or other charges may be rejected and constitute a breach of
this agreement. However, tender of a part payment shall not be construed as
an accord and satisfaction 3r release of any indebtedness if accepted, despite
Tenant's purported instructions or restrictive endorsements to the contrary.
Acceptance of.a part payment is not a waiver of the balance billed or due. The
period of time prior to the imposition of the late charge is not a grace period or
option to pay late,
4. UTILITIES:
A. Owner shall provide and separately bill to Tenant the following utilities: natural
gas at the beginning fate of $22.00. Water usage is included in monthly rent.
B. City shall not provide electricity or telephone service. Tenant shall make
arrangements directly with the utilities furnishing these services and pay such
utilities directly for them. Tenant shall contract with and pay directly for all other
utilities it may require. The charge for gas shall be paid when rent is due, and
is in addition to the obligation to pay rent. In the event Tenant fails to pay the
charge for water or gas service within ten (10) days after the amount is due,
Tenant shall pay to City a late charge of thirty-five dollars ($35.00). In the event
City provides both master meter and submeter service of utilities to Tenant, the
cost of the charges for each billing period shall be separately stated and shall
contain opening and closing readings of the meter. In such event, City shall
post rates charged by the appropriate utility in a conspicuous place. The
charge to Tenant for gas service shall be the amount of the charges paid by
Tenant as of June 1, 2002 ($22.00 per month). The charges for gas service
may be increased or decreased on or after the first day of October. Owner
further reserves the right to charge for any other separately -billed or
submetered utilities or for services actually rendered under Civil Code §798.32
(without reduction of rent or other charges) or Civil Code §798:41 (with
reduction in rent equal to cost of initial separate billing amounts). Such amounts
shall also be deemed to constitute further monthly rent.
C. Owner shall not be liable for any loss or injury, and Tenant shall not be entitled
to any abatement or reduction of rent by reason of Owners failure to furnish
any of the foregoing utilities when such failure is caused by accident, breakage,
repairs, strikes, acts of third parties, labor disputes or,by any other --cause,
similar or dissimilar beyond the reasonable control of Owner. (Please Note: The
provisions of the paragraph below entitled 'Indemnification" apply to this
paragraph.)
D. Tenant shall not connect, except through existing electrical or natural gas
outlets or water pipes on the Premises any apparatus or device for the purpose
of using electric current, natural gas, water or other utility.
E. PLEASE READ CAREFULLYI FROM TIME TO TIME, THE SERVING PUBLIC
UTILITY MAY SUFFER OR CAUSE POWER OUTAGES'TO THE PREMISES.
POWER OUTAGES ARE CAUSED BY MANY FACTORS: Storms, wind, heat,
ice and high demand are the most common causes of widespread power
outages; high power demand during heat waves and other times of unusually
hlph demand may overburden electric cables, transformers, and other electrical
equipment of Southern California Edison which then melt and fail.
F. CAUTION: INTERMITTENT POWER INTERRUPTIONS ARE FOLLOWED BY
RESTORATION OF ELECTRICITY WHICH MAY CAUSE SURGES IN
ELECTRICAL POWER. POWER SURGES OFTEN AFFECT UNPROTECTED
CONSUMER HOUSEHOLD APPLIANCES SUCH AS ELECTRONIC
EQUIPMENT (COMPUTERS, STEREOS, RADIOS, ETC.). THE OWNER IS
NOT RESPONSIBLE FOR THE DISRUPTIONS, OUTAGES, SURGES, OR
OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE
TO THE PREMISES WHICH ARE CAUSED BY SOUTHERN CALIFORNIA
EDISON. TENANT AGREES THAT OWNER IS FULLY AND
UNCONDITIONALLY RELEASED AND DISCHARGED FROM ANY AND ALL
LIABILITY WHICH ARISES AS A RESULT OF THE ACTS AND OMISSION OF
THE UTILITY'COMPANY. IT IS THE RESPONSIBILITY OF THE TENANT,
EXCLUSIVELY, TO EXERCISE PRUDENT CARE FOR PROPERTY WHICH
MAY BE AFFECTED BY DISRUPTIONS, OUTAGES, SURGES, OR OTHER
IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE
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PREMISES. ACCORDINGLY, TENANT HAS THE RESPONSIBILITY TO TAKE
THE'FOLLOWING PRECAUTIONS;
1. Tenant has the responsibility, always, TO USE SURGE PROTECTORS
FOR THE PROTECTION OF TENANT'S PROPERTY, especially for
computer equipment, stereo equipment, radios and other electrical
appliances, devices and products which may be affecied'by disruptions,
outages, surges, or other irregularities in the provision of electrical
service. Unplug heat -producing items such as irons or portable heaters
to prevent a fire when power is restored.
2. Turn off and unplug all appliances and other electrical equipment, except
for a single light bulb, which will be the signal your power has been
restored. This helps ensure against circuit overloading, which could
delay restoration of service.
3. In the event of an outage, do not use candles for lighting during an
outage, since they create a fire hazard. Use flashlights or battery -
powered lanterns instead.
4. Check the neighborhood to see if others have their power. If they do, the
problem may be a "tripped" circuit breaker.
G. IT IS RECOMMENDED THAT TENANT OBTAIN A HOMEOWNER'S
INSURANCE POLICY TO COVER DAMAGE, LOSS AND LIABILITY
ASSOCIATED WITH THE DISRUPTIONS, OUTAGES, SURGES, OR OTHER
IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE
PREMISES AND OTHER RISKS.
H. TENANTS ARE RESPONSIBLE FOR MAKING SURE THAT THEIR
MOBILEHOMES AND ALL APPLIANCES AND EQUIPMENT ARE
COMPATIBLE WITH THE ELECTRIC SERVICE NOW AVAILABLE, AND
OWNER SHALL HAVE NO LIABILITY OR RESPONSIBILITY IF THE
AVAILABLE ELECTRICAL SUPPLY IS INCOMPATIBLE OR INSUFFICIENT.
TENANTS ARE RESPONSIBLE TO MATCH THE RATING FOR THE
MOBILEHOME TO THE SERVICE PROVIDED AT THE PEDESTAL AND NOT
_EXCEED IT. TENANT PROMISES THAT THE MOBILEHOME SHALL NOT
EXCEED SUCH RATING, TENANT RELEASES OWNER FROM FAILURE TO
COMPLY WITH THE AMPERAGE RATING OR EXCEEDING AVAILABLE
SERVICE. THIS RELEASE IS NOT INTENDED TO RELEASE OWNER FROM
OWNER'S WILLFUL MISCONDUCT OR ACTIVE NEGLIGENCE, BUT ONLY
TO THE EXTENT ALLOWED BY LAW. TENANT SHALL FORBEAR FROM
CONSUMING MORE AMPERAGE THAN THE EXISTING RATING FOR THE
HOMESITE, TO AVOID DAMAGE TO OWNER'S PROPERTY AND TO THE
PROPERTY OF OTHERS..
I. IF THE MOBILEHOME, APPLIANCES AND EQUIPMENT INTHE
MOBILEHOME ARE NOT COMPATIBLE WITH THE ELECTRIC SERVICE
AND CAPACITY NOW AVAILABLE OR EXCEEDS AVAILABLE SUPPLY AT
THE PEDESTAL, TENANT SHALL "DE -AMP" (REDUCE THE RATING FOR)
THE MOBILEHOME OR DISCONTINUE EXCESS DEMAND TO ENSURE
AGAINST ANY OVERLOADING OR CAUSING ANY DISRUPTION IN
SERVICE. OWNER SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO
TENANT IF THE AVAILABLE ELECTRICAL SUPPLY IS INSUFFICIENT OR
INCOMPATIBLE. TENANT IS EXPRESSLY LIABLE FOR SERVICE
DISRUPTIONS CAUSED BY EXCESSIVE DEMANDS ON THE ELECTRICAL
SYSTEM WHICH SHALL FURTHER BE DEEMED A DEFAULT AND BREACH
OF THE TENANTS' OBLIGATIONS UNDER THIS AGREEMENT.
J. With respect to the provision of any services or facilities (including utilities) to
Tenant, any prevention, delay, or stoppage due to strikes, walkouts, or other
labor disputes, acts of God, inability to maintain labor or materials or
reasonable substitutes for them, governmental restrictions, regulations or
controls, judicial orders, fire/flood or other natural disaster or casualty,
breakage, repairs, and other causes beyond owner's reasonable control, will
excuse performance of these obligations for a time period equal to the delay.
Tenants will remain responsible, without abatement or reduction, for the rent,
utilities, and other charges to be paid per the terms of this Agreement. Owner
will use reasonable efforts to reinstate or repair any services or facilities,
including utilities, which have been interrupted as set forth hereinabove. If
Tenants feel that Owner is not using reasonable efforts to reinstate such
services or facilities, Tenants shall mediate the matter pursuant to the
agreement or paragraph contained herein entitled "mediation and reference of
disputes" if and only if Tenants have consented to that provision or desire to do
so by mutual agreement (at the time the dispute arises) which provides for an
alternate dispute resolution procedure of such dispute. Owner will not be liable
under any circumstances for loss of or injury to property, however occurring
through or in connection with or incidental to the failure to furnish any services
of facilities (including utilities).
K. RESIDENT COVENANTS NOT TO CONSUME MORE AMPERAGE THAN
THE EXISTING RATING FOR THE SPACE, SO AS TO AVOID DAMAGE TO
OUR PROPERTY AND TO THE PROPERTY OF OTHERS. We will provide
utilities and or services as specified on page one of this agreement. Any
separate charges for natural gas, electricity and water as applicable will be on a
submetered basis (if not separately charged at the inception of this agreement,
owner reserves the right and power to do so on proper notice, with or without
electing to reduce rent as per CC §798.41). Civil Code Sections 798.41 or
798.32 allow for further separated billing of utilities with corresponding
reduction of rents and such option is reserved.
5. CIVIL CODE NOTICE RE: SERVICES AND IMPROVEMENTS:
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Owner is responsible for providing and maintaining the existing services and
existing physical improvements located in the common facilities in good
working order and condition and you agree that these responsibilities of the
Park are as defined and limited by this Agreement. The services include the
following:
(i) Park Management Services and those items set forth on page one;
(ii) Maintenance of the physical improvements of the park, including the
streets, walkways, and, common areas.
Management shall have a reasonable period of time, with respect to the
physical improvements in the common facilities, to repair the sudden or
unforeseeable breakdown or deterioration of these improvements and bring the
improvements into good working order and condition after management knows
or should have known of the breakdown or deterioration, The period of time to
do so shall not exceed: as soon as possible where health and safety is
affected, and thirty days except where exigent circumstances justify a delay; or,
otherwise as specified by law. Such repairs or other appropriate action shall be
accomplished as soon as possible in the event of any condition which may
relate to health and safety. With respect to providing any services or facilities,
any prevention, delay, or stoppage due to strikes, walkouts, or other labor
disputes, acts of God, inability to obtain labor or materials or reasonable
substitutes for them, governmental restrictions, regulations or controls, judicial
orders, fire/flood or other natural disaster or casualty, breakage, repairs, and
other causes beyond the reasonable control of the Park, will excuse the Park's
performance of these obligations for a time period equal to the delay. You will
,remain responsible, without abatement or reduction, for the rent, utilities, and
other charges.
A. Tenant agrees to notify management immediately of any breakdown,
interruption, deterioration, or failure of any physical improvement, utility,
amenity, facility or service so a response to promptly to fulfill maintenance
responsibilities can be given. Management depends on notice to avoid and
mitigate loss, damage, injury and other liability by Tenant's prompt notice when
applicable. Tenant's good faith cooperation is important to enabling
management to timely respond.
B. Management's reasonable and conscientious efforts to maintain the Park,
despite prudent effort, will probably not be perfect. From time to time, repairs
and improvements may be needed, and Tenant may be inconvenienced.
Management hopes Tenant will please cooperate and be patient. Management
will reasonably endeavor to avoid material disruption and interference with quiet
enjoyment, and to provide advance notice of substantial interruptions or
interference which are planned or scheduled. Tenant agrees that a reasonable
job in maintaining the Park fairly describes Tenant's expectation of
management's duty to maintain the park. Management shall provide physical
improvements and services in the Park. However, services, facilities, amenities,
landscaping and other improvements in the common areas may change based
upon conservation interests and concerns; such changes may include drought
resistant landscaping, and additions, alterations or deletions of services and
facilities without reduction, discount of other offset from monthly rents. Such
changes will not alter other commitments under this Agreement. Tenant will
have the opportunity to consult if desired. An average and habitable residential
environment is provided, but not a perfect one as with any residential
neighborhood. Physical Improvements include existing common areas, office,
streets, any recreational facilities, buildings and interior improvements,
landscaping, meeting rooms, pools, related improvements and equipment.
6. USE OF PREMISES:
A. The Premises shall be used only for residential purposes, and no business or
commercial activity shall be conducted on the Premises. Tenant agrees not to
do anything that will constitute waste, nuisance, or unreasonable annoyance.
Tenant agrees to do nothing to cause damage to the space or park. Tenant
agrees not to permit any act or maintain or permit to be maintained any
condition on your space or mobilehome which may cause an increase in the
rate of insurance City pays or increase costs of maintenance and repair. No
activity shall be permitted which requires the issuance of a business license or
permit by any governmental agency, or which is inconsistent with community
zoning and conditional use permits, which would increase the risk of harm to
the management or to any other person or property, increase noise, dust,
vibration, odors or fumes, smoke, or any other condition offensive to the senses
or which causes reasonable complaint, breaches the covenant of quiet
enjoyment or reduces property values; which would increase foot or vehicular
traffic, results in deliveries and delivery trucks, require storage of any thing
outside the mobilehome, require additional employees or other persons on the
space, or affect parking. Permitted occupants are:
(i) Tenant;
(ii) An additional person if Tenant is living alone;
(iii) Family members and sub -lessees entitled to occupy the premises
pursuant to the Mobilehome Residency Law; and
(iv) Short term guests. The term "short term guest" shall mean any person
who does not stay with Tenant for more than a total of twenty (20)
consecutive days or a total of thirty (30) days in any calendar year. Other
persons may not occupy the Premises with the prior written consent of
City.
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B. Tenant agrees to comply with the Rules and Regulations of Marinapark (Exhibit
"B") and further agrees these Rules and Regulations may be amended as
provided in the Mobilehome Residency Law or other relevant statute.
7. CONSIDERATION:
City reserves the right to take the position that the past rents have been below
market and constitute consideration to be applied against relocation costs upon
closure of the Park. Tenants reserve the right to dispute City's position.
8. RELEVANT STATUTES AND RULES:
The Mobilehome Residency Law requires this Agreement to contain, among
other things, the Rules and Regulations of Marinapark and the language of the
Mobilehome Residency Law. The Rules and Regulations of Marinapark are
attached as Exhibit "B," the provisions of the Mobilehome Residency Law are
attached as Exhibit "C," and both documents are incorporated into this
Agreement by reference. The Marinapark Rules and Regulations and the
Mobilehome Residency Law may be amended or modified from time to time,
and these amendments and modifications shall be deemed to be incorporated
into the documents attached as Exhibits ''B" and "C," respectively, when
effective.
9. SALE OR ASSIGNMENT:
Subject to the terms of this Section, Tenant may sell the mobilehome located on the
Premises pursuant to the rights, and subject to the obligations, of Tenant under the
Mobilehome Residency Law and any other applicable statutes. If the mobilehome
that is the subject of the sale or transfer is to remain on the Premises, or if Tenant
proposes to assign Tenant's interest in this Lease to any person or persons who is
(are) to reside on the Premises, Tenant and/or the proposed transferee must do the
following:
A. Tenant must give notice of the sale or assignment to City prior to close of
escrow.
B. The sale or assignment shall not be effective unless City has given prior written
approval, the transferee has executed a new rental agreement provided by
City, and the transferee has expressly agreed to be bound thereto.
C. Tenant agrees that occupancy of the Premises shall be limited as provided in
this Agreement and Tenant agrees not to sublease or otherwise transfer any
partial interest in this Agreement.
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D. The requirements for any mobilehome proposed to be installed on the space is
as follows: Management must first approve a mobilehome before it may be
installed in the park. No mobilehome which in excess of twelve feet in height
may be installed in the park. The proposed mobilehome must fit upon the space
in the position specified by management. Management reserves the right to
require the largest possible mobilehome commercially available to be sited
upon the space. Established set backs must be honored, and may not be
changed. Roof material must be non -glare composition or wood shake
shingles for the mobilehome, awnings and any storage or other structures on
the space. All installations and improvements must be approved by
management before work is commenced to avoid damage to underground
utilities. Management must further approve a written plan, to be submitted for
approval as required by law, showing the proposed location with measurements
and dimensions evidencing conformance to all setback requirements required
by law including Title 25 of the Code of Administrative regulations and local
ordinances. A tie down system in compliance with §1336.3 of Paragraph (a) of
Title 25 is required. A vapor retarding ground cover of six (6) mil polyethylene
or equivalent over the ground, under the home is required. Under floor areas
shall be ventilated 1 sq. ft. for each 150 sq. ft, of under floor area. Air
conditioners, compressors and necessary accessories will be considered and
approval of same shall be at management's sole discretion. No changes shall
be made to the grade of the lot that would cause any runoff to adjacent space
or common areas. Lot must meet HCD requirements for drainage. Only mobile
homes manufactured in 1976 or later are permitted. No new cabanas may be
constructed. Eaves are permitted only if applicable set back requirements can
be met. Hitches must be removed from home and stored under the
mobilehome. Porch, steps and ramps must be built to Title 25 Requirements.
No aluminum porches are permitted, and shall not encroach set back
requirements or required parking space. Any required handrail, porch, or step
railing shall be wood, painted to match home/trim color. No upgrading or
tampering with the electrical /gas service shall be permitted even by a licensed
contractor. No mobilehome is permitted which is rated at higher amperage than
the pedestal. Additional requirements are set forth in the rules and regulations.
E. Notwithstanding any other provision in this Agreement, Tenant shall have the
right to assign its interest in this Agreement to a spouse, son and/or daughter
provided, however, the Premises shall be used as the primary residence of the
assignee and the assignee shall be bound by all provisions of this Agreement.
F. City shall approve any such transfer, if the transferee has the financial ability to
pay the rent and charges and otherwise comply with the terms and conditions
of this Agreement, provided, however, City may withhold approval if it
determines that, based upon the transferee's prior tenancies, the transferee will
not comply with the Rules and Regulations of Marinapark (Exhibit "B").
10. SUBLEASING:
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A. The Premises shall constitute Tenant's residence, whether primary or
secondary. Tenant agrees not to sublease or rent the mobilehome or
otherwise transfer any interest in this Lease, except to the extent that the right
to sublet or transfer is specifically provided by this Agreement.
B. Management shall permit a tenant to rent his or her mobilehome that serves as the
homeowner's residence or sublet his or her space underthe circumstances described
in and in compliance with the provisions of AB 1410 effective January 1, 2003. Only
one mobilehome may be subleased by the tenant though the tenant may own or
control one or more mobilehomes or homesites in the Park.. Any sub -lease created
in compliance with AB 1410 shall not create a landlord/tenant relationship, as between
City and sublessee. It is specifically agreed and understood that Sublessee cannot
become a resident by attempting or purporting to pay City such monies. Receipt,
retention, acceptance or possession of any monies from the sublessee shall only be
on behalf of the Tenant. As between City and sublessee there is no privity of estate
or contract. Tenant hereby further agrees to defend and indemnify City, at Tenant's
sole expense, from any claims, liabilities, or actions brought by sublessee against the
Park or for any action brought against the City by any person arising out of conduct
related to Sublessee's conduct within the Park.
11. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS:
Tenant shall, at its cost and expense, maintain in good order and condition any
mobilehome, cabana or other improvement located on the Premises. Tenants
also agree that all landscaping on the Premises shall be limited to three feet (T)
in Iheight, to preserve views and open space. City may chargd a reasonable
Me for services relating to the maintenance of the Premises in the event Tenant
falls to maintain the Premises in accordance with the provisions of this
Agreement and the Rules and Regulations of Marinapark (Exhibit "B"), after
giving written notification to Tenant and Tenant's failure to comply within
.fourteen (14) days from the date of written notice. The written notice shall
contain all information required by the Mobilehome Residency Law.
12. PHYSICAL IMPROVEMENTS AND SERVICES:
13.
Tenant shall have the nonexclusive right to use all of the common areas and
common facilities located within Marinapark, including but not limited to streets,
non -restricted parking areas, laundry facilities, restrooms and showers located
in the common areas and common facilities and designated for use by
residents.
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M
City retains the right to amend or modify the Marinapark Rules and
Regulations, the Terms of this Agreement, and the nature of the physical
improvements or services to be provided, after complying with the provisions of
the Mobilehome Residency Law and other applicable law. The right to amend
the Terms of this Agreement, the Marinapark Rules and Regulations and the
physical improvements and services to be provided by City include, without
limitation, the right to reduce the size of, or eliminate, any physical
improvement, common area, common facility or equipment without
corresponding reduction or adjustment in rent.
14. RIGHT OF ENTRY:
Tenant, subject to the right of revocation as set forth in the Mobilehome
Residency Law, hereby grants written consent to City to enter the premises for
the purpose of -inspecting, improving, maintaining, repairing or replacing gas,
water and sewage systems owned and maintained by City. Subject to the
obligation of City to exercise ordinary care, any damage, loss or injury to
Tenant's home, property of Tenant or the Premises which results from efforts of
City to maintain, repair, improve or replace the gas, water or sewage systems
shall be the sole responsibility of Tenant, and City shall not be responsible for
reimbursing any cost or expense incurred by Tenant as a result of such efforts,
nor shall City be responsible for repairing, replacing or otherwise restoring the
mobilehome, the Premises or any improvements thereon to the state or
condition immediately prior to the maintenance, replacement or repair efforts.
The rights and duties set forth in this paragraph are intended to implement and
shall be exercised consistent with the Mobilehome Residency Law.
16. NOTICE REQUIRED BY CIVIL CODE SECTION 2079.10(a):
.I
r Tlie California Department of Justice, county sheriffs departments, police
departments serving jurisdictions of 200,000 or more and many other local law
enforcement authorities maintain for public access a data base of the locations
of persons required to register pursuant to paragraph (1) of subdivision (a) of
Section 290.4 of the California Penal Code. The database is updated on a
quarterly basis and is a source of information about the presence of these
individuals in any neighborhood. The Department of Justice maintains a Sex
Offender Identification Line through which inquiries about individuals may be
made. This is a "900" telephone service. Callers must have specific information
about individuals they are checking. Information regarding neighborhoods is not
available through this telephone service.
16. HOLD HARMLESS:
A. Tenant covenants to indemnify, defend and hold City, and its representatives,
officers, agents and employees, harmless from any and all claims or demands
of any name or nature whatsoever arising out of, or incident to, Tenant's use
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and occupancy of the Premises, and to indemnify City for any cost, liability or
expense caused by or arising out of any injury or death of persons or damage
to property which may occur upon or about the Premises or caused by or
arising out of any activities or omission of Tenant, or Tenant's agents,
employees, licensees and/or invitees, including, without limitation, injury or
death of Tenant, or Tenant's agents, employees, licensees and invitees and
damage to their property or Tenant's property, except for any damage or injury
of any kind arising out of the active negligence, fraud or willful misconduct of
City, its representatives, officers, agents or employees. This section is intended
to provide City with a release from liability to the fullest extent allowed by law
and not exceeding the rights of the City to do so either under Civil Code section
1953 ("[a] Any provision of a lease or rental agreement of a dwelling by which
the lessee agrees to modify or waive any of the following rights shall be void as
contrary to public policy: ... [51 His right to have the landlord exercise a duty of
care to prevent personal injury or_personal property damage where that duty is
imposed by law") or section 1668 ("All contracts which have for their object,
directly or indirectly, to exempt anyone from responsibility for his own fraud, or
willful injury to the person or property of another, or violation of law, whether
willful or negligent, are against the policy of the law"). City does not admit the
applicability of section 1953 to a mobilehome space.
B. Tenant, as a material part of the consideration under this Agreement, hereby
waives all claims against City for any damage or loss from any cause arising at
any time, including, but not limited to fire, theft, Acts of God, vandalism or any
physical damage while the mobilehome remains on the Property, unless
caused by the active negligence or willful misconduct of City's representatives,
officers, agents or employees. Tenant agrees to indemnify and hold City, and
!ts representatives, officers, agents and employees, harmless from and on
a0count of any and all damage or injury to any person or equipment in or on the
mobilehome arising from any cause or from the negligence of Tenant, and
Tenant's family or guests.
C. ANY CLAIM OR SUIT BETWEEN THE PARTIES FOR DAMAGES FOR
PERSONAL OR BODILY INJURY OR PROPERTY DAMAGE AND OTHER
APPLICABLE CLAIMS MUST BE COMMENCED IN ACCORDANCE WITH
THE PROCEDURES FOR MAKING CLAIMS AGAINST GOVERNMENTAL
ENTITIES PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA
GOVERNMENT CODE.
D. The value of the mobilehome may decline. Since a substantial portion of the
present value of Tenant's mobilehome or coach is attributable to the rent
charged by this Lease, the value of the premises and the proximity of the
premises to lower Newport Bay, you should investigate before purchasing.
City's only obligation is to provide reasonable cost of relocation on
closure of the park. Please investigate thoroughly before executing this
agreement.
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17. TERMINATION:
A. Tenant may terminate this Agreement, without any further liability to City, upon
sixty (60) days written notice to City and upon condition that all persons
occupying the mobilehome terminate their tenancy within that period and
remove the mobilehome and all other improvements from the park
B. City may terminate this Agreement for the reasons specified, and according to
the procedures set forth in the Mobilehome Residency Law. .
18. ATTORNEYS' FEES:
Should either City or Tenant be required to employ counsel to enforce the
terms, conditions ari&zovenants of this Agreement, the prevailing Party shall
recover all reasonable attorneys' fees (and court costs if applicable) incurred
therein pursuant to the Mobilehome Residency Law.
19. REMEDIES CUMULATIVE:
The rights, powers, elections and remedies of the Parties contained in this
Agreement shall be construed as cumulative and no one of them shall be
considered exclusive of the other or exclusive of any rights or remedies allowed
by law, and the exercise of one or more rights, powers, elections or remedies
shall not impair or be deemed a waiver of either Party's right to exercise any
other.
20. NO WAIVER:
A.; No delay or omission of either Party to exercise any right or power arising from
any omission, neglect or default of the other Party shall impair any such right or
power or shall be construed as a waiver of any such omission, neglect or
default on the part of the other Parry or any acquiescence therein. No waiver of
any breach of any of the terms, covenants, agreements, restrictions or
conditions of this Agreement shall be construed as a waiver of any succeeding
breach of the same or of any of the terms, covenants, agreements, restrictions
or conditions of this Agreement.
B. Acceptance of rent shall not reinstate or create a tenancy. Conditional
acceptance of rent pending approval of tenancy shall not be deemed to create
a tenancy or waive any requirements applicable to tenancy, purchaser
application or approval requirements or assignment or transfer requirements.
Acceptance of rent after service of a notice to terminate tenancy as specified in
Civil Code §798.57 shall not waive, affect or prejudice the notice. Nor shall
routine service of other notices, Management communications, or other actions
or omissions of the Management waive, prejudice, or affect the right to
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terminate tenancy, process a purchaser application and approve a tenant for
tenancy, or otherwise affect the rights of Management. Possession of rent by
the resident manager shall not ,be acceptance until actually approved by the
park owner; accordingly, the receipt by or the tender of payment to the resident
park manager shall be conditional and for custody purposes only until approved
and accepted by the park owner.
C. Owner may exercise any right under the terms of .this agreement, or the Rules
and Regulations as amended ormodified, or any other right of'the management
under applicable law, and do so on or at any time subsequent to the date such
right became effective hereunder, and do so retroactively to the date the right
initially became effective or enforceable, by and upon demand for performance,
including payment of any rent adjustments or other monies from or for the date
such right first accrued through to and including the date of the demand and.
thereafter. Any delay, forbearance, whether intentional or inadvertent, in
enforcing any right of the managemenf•f& which subsequent demand is made
shall not be construed as a waiver, estoppel, release or acquittal thereof,
accord and satisfaction thereof, settlement in whole or part thereof; shall not
constitute laches in respect thereto; and, shall not render any such right
unenforceable or be a defense against enforcement of such rights from the
time such right could first be exercised and thereafter.
21. COMPLIANCE WITH LAWS.
A. Tenant covenants and agrees• to comply with all rules, regulations, statutes,
ordinances and laws of the State of California and City or any other
governmental body or agency having lawful jurisdiction over the, Premises
,arld/dr the Property. Tenants agree to abide and conform with all the terms
at d conditions of this Agreement, the Rules and Regulations, all rules,
regulations, terms and provisions contained in any document referred to in this
Agreement, and said rules, regulations terms, and provisions as may from time
to time be amended modified or otherwise changed by Owner as permitted by
the terms of this Agreement.
B. Any violation of the Rules and Regulations shall be deemed a public nuisance.
Tenants agree that a breach of this Agreement or any of the Rules and
Regulations cannot reasonably or adequately be compensated in damages in
an action of law, and therefore, Owner shall be entitled to injunctive relief
including but not limited to restraining Tenants (or family members, guests or
other invitees) from continuing to breach any such rules or regulations term or
condition or to allow a condition violative of a rule or regulation term or
condition to exist or continue to exist without proving irreparable harm or lack of
adequate legal remedy.
22.
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Pursuant to Civil Code section 798.27 ("(a) The management shall give written
notice to all homeowners and prospective homeowners concerning the
following matters: (1) the nature of the zoning or use permit under which the
mobilehome park operates. If the mobilehome park is operating pursuant to a
permit subject to a renewal or expiration date, the relevant information and
dates shall be included in the notice....'), Tenant is hereby notified as follows:
A. Tenant acknowledges having received and read a copy of the provisions of the
Mobilehome Residency Law (Exhibit "C")' as presently constituted, and the
Marinapark Rules and Regulations (Exhibit "B").
B. The Property is currently zoned 'Planned Community." There are no conditional
use permits or other permits required to operate the Property as a mobilehome
park. City owns the Propq ty, but its use may be limited to the extent the
Property is determined to be tidelands and subject to the public trust applicable
to tidelands.
23. ENTIRE AGREEMENT:
This Agreement and the documents referred to herein constitute the entire
agreement between Tenant and Owner pertaining to the subject matter
contained herein and supersedes all prior and contemporaneous agreements,
representations and understandings of the parties, whether written or oral.
Paragraph titles are for identification and reference only and are not part of this
Agreement and shall not be used to interpret this Agreement Each term and
provision of this agreement to be performed by the Tenant or which is a duty of
,the Tenant shall be deemed to be both —a—condition and a covenant.
)Additionally, a breach of any each such term and provision shall also be
deemed to constitute a rule and regulation for purposes of Civil Code section
798.56 and may constitute grounds for the termination of tenancy as a violation
of a rule and regulation.
24. NOTICES:
All notices and other communications shall be in writing, shall be sent by first
class registered or certified United States mail, postage, prepaid, and shall be
deemed effective at the expiration of seventy-two (72) hours after the day of
mailing addressed:
A. To Lessor:
City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA, 92658
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With a copy to:
City Clerk's Office
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA, 92658
or at such other addresses as Lessor shall have furnished to Tenant;
and
To Tenant:
By delivering a copy to the Tenant personally; or Tenant be absent from
the mobilehome, by leaving a copy with some person of suitable age and
discretion who may be occupying the �mobilehome; or no one can be
found, then by affixing a copy of the notice in a conspicuous place on the
Premises or mobile home and also sending a copy through the mail
addressed to Tenant. Since a substantial portion of the present value of
Lessee's mobilehome or coach Is attributable to the value of the
premises and the and the proximity of the premises to lower Newport
Bay,
B. Following notice by City of any amendment, all other provisions of the Lease
shall remain in full force and effect in their original form.
25. TIME OF ESSENCE:
Time is of the essence in this Agreement and each and every provision hereof.
26; EMINENT DOMAIN:
If the entire Park, or a portion thereof so that, in City's sole opinion, the balance
remaining is hot suitable for a mobilehome park, is taken under the power of
eminent domain, or is sold to any authority having the power of eminent
domain, either under threat of condemnation or while condemnation
proceedings are pending, then this Agreement shall automatically terminate on
proper notice as of the date the condemning authority takes possession,
precondemns, notices its intent to condemn or files a condemnation action or
other action which relates thereto.
27. INSURANCE:
Owner does not carry public liability or property damage insurance to
compensate Tenants, Residents, guests or any other person from any loss,
damage or injury except those resulting from situations where Owner would be
legally liable for such loss, damage or injury. If Tenants desire such or similar
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insurance coverage, it should be obtained by Tenants, insuring against loss
and casualty by fire, earthquake, flooding, theft, other liability and casualty
which relates to the mobilehome, other improvements and contents to full
insurable value, personal liability and such other insurance as is necessary and
appropriate. Tenants are advised to obtain a homeowner's policy in accordance
with the guidelines and requirements specified by a lender, and if, no lender,
then in such sums and for such coverage as would be so required if so
financed.
28. PARTIAL INVALIDITY:
Certain terms and provisions of this Agreement and other documents referred
to in this Agreement refer to restate or summarize provisions of the
Mobilehome Residency Law and other applicable laws. In every instance it is
intended that these references, rgstgtements and summaries will accurately
reflect the law and correctly set farfh Tenants' and Owner's rights liabilities
duties and obligations to one another and to other persons. The same is,true of
all of the other provisions of this Agreement and the other documents used by
the Park. If any of the provisions of this Agreement or the other documents
used by the Park fail in any way to meet the above criteria then it is
unintentional and all such provisions shall be deemed to be automatically
revised to correctly reflect the Owner's and Tenants' rights, liabilities, duties
and..obligations under the provisions of the Mobilehome Residency Law and all
other applicable laws. Tenants agree to promptly notify Owner in writing of any
instance where Tenants believe that any of the provisions of this Agreement or
the other documents used by the Park fail to meet the above criteria. If any
term or provision of this Agreement or any document referred to in this
,Agreement or the application thereof to any person or circumstances shall to
arty extent be invalid or unenforceable the remainder of this Agreement or the
other document or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable
shall not be affected thereby and each term and provision of this Agreement or
the other document shall be valid and be enforced to the fullest extent
permitted by law.
29. ENTIRE AGREEMENT:
A. The resident manager, other personnel, mobilehome dealers, the sales person
and seller from whom the mobilehome was purchased by Tenants and other
.persons are not authorized to make any representations or agreements with
Tenants respecting the Community unless those agreements and
representations are contained in this Agreement and the other documents and
posted signs referred to in it. Therefore, Tenants agree that this Agreement and
the other documents and posted signs referred to in it are the entire agreement
between Tenants and Owner regarding the subjects covered by this
Agreement, other documents and signs. This Agreement, the -rules and
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F
regulations and the purchase agreement with Owner constitute the exclusive
statement of the agreement and. supersedes all prior and -contemporaneous
agreements, representations and understandings.
B. Each party has relied on his own examination of this Agreement and counsel of
his own advisers, and the warranties, representations and covenants in the
Agreement itself. Failure or refusal of either party to inspect the premises or
improvement, to read the Agreement or other documents or to obtain legal or
other advice relevant to this transaction constitutes a waiver of any objection,
contention or claim that might have been based on such reading, inspection or
advice. Additionally, in any interpretation of this Agreement it shall be deemed
that this Agreement and its exhibits were written by both parties.
C. It is further agreed by and between the'parties that the legal relationship that
exists pursuant to this Agreement is a rental agreement, and that there are not
other legal rights or relationships inferred. Tenants warrant and agree that they
have no other rights, title or interest in the property upon which the Park is
located or in the above described space other than that which is specifically set
forth in this document.
30. DRAINAGE AND GRADING:
A. The existing drainage pattern and grading of the space may not be changed
without Management's consent. Tenant is responsible for maintaining the
space so that water does not accumulate or stand under the mobilehome or on
the Space. Water on the space is required to drain off the space in a fashion as
to avoid runoff onto another mobilehome space. Tenant shall ensure the
skirting attached to the mobilehome is not extended into the grade which would
cause moisture or water to accumulate under the mobilehome. All watering
systems shall be installed, maintained and adjusted as necessary to avoid
water run-off and standing water on the premises. Any berms on the space
shall be installed and maintained to avoid the accumulation of water on the
space or under the mobilehome. Any masonry skirting must contain sufficient
openings as to prevent accumulation of water on the space or under the
mobilehome.
B. Homeowner warrants to that the mobilehome and areas under the mobilehome
and homesite are free of and from mold. Homeowner is also responsible for
mold cleanup. The mobilehome should be inspected by a competent home
inspection contractor periodically. It is imperative to treat and remove all molds
as if potentially harmful. Among the conditions to be checked should be
presence of any mold in or about the mobilehome. The following are sources of
indoor moisture that may cause problems: flooding, backed -up sewers, leaky
roofs, humidifiers, mud or ice dams, damp crawl spaces, constant plumbing
leaks, house plants -watering can generate large amounts of moisture, steam
from cooking, shower/bath steam and leaks, wet clothes on indoor drying lines,
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clothes dryers vented indoors, combustion appliances (e.g. stoves) not
exhausted to the outdoors. Homeowner is responsible for avoiding any such
conditions and for remediation if same should occur.
31. NO THIRD -PARTY RIGHTS:
Tenant is not a third -party beneficiary of any other agreement between Owner
and anyone. The terms and provisions may differ between rental agreements
and rules and regulations in force in the park, and no one may rely on the
enforcement of any other's rental agreement or rules and regulations. There
are no third party beneficiaries to this agreement.
32. NO RECORDING:
No recording of this Agreement on any memorandum of this Agreement may be
made without the prior written consent -of Owner, which consent may be
withheld in Owner's sole discretion:
33. LOT LINES.
"Space" includes the area'as defined by the perimeter of the mobilehome and
its horizontal projections of its accessory structures. This understanding is
based on the public ownership of the property on which the expectations of
occupation which Tenant may use and enjoy. Therefore, Tenant may not rely
on any markers to define the area of use and enjoyment to be expected due to
the rights of the public entitled to entry within the park.
34. ALTERATIONS AND ADDITIONS:
j
Tenant agrees not to make any alterations, improvements, additions or utility
installations to, on or about the homesite or mobilehome, nor install, remove or
change any existing improvements, or modify the drainage or landscaping nor
make any contract for such work without Owner's prior written consent and
approval. Tenant is responsible for all conditions under the mobilehome
including grading, compaction, subsidence, drainage, moisture, and ventilation.
In giving or withholding consent to any such work, Owner may, at its option,
consider and base consent or refusal of consent entirely upon aesthetic
considerations and the compatibility of such changes to the Community. If
Tenant fails to obtain prior written consent and approval, all such alterations,
improvements, additions or utility installations shall be promptly removed at
Tenant's sole expense, upon Owner request.
35. OPPORTUNITY TO REMEDY:
If, at any time, Tenant believes owner has not fulfilled any legal obligations,
Tenant agrees to immediately give owner written notice specifying what is
21
believed owner has failed to do and indicating what Tenant believes owner
must do in order to fulfill these obligations. This notice shall be as detailed as
possible so that owner may fully understand Tenant's concerns. Tenant agrees
that owner will have at least ninety (90) days, or such longer period as is
reasonably necessary, after receipt of Tenant's notice to remedy the problem(s)
Tenant has identified. If Tenant fails to promptly give owner this written notice
as soon as Tenant is aware of any problem(s), or Tenant fails to give owner a
reasonable opportunity to remedy the problem(s), owner will have no liability to
Tenant for any expense, cost, damage or injury which Tenant may sustain as a
result of the problem(s). If owner fails to remedy the problem(s) within a
reasonable time after receipt of written notice, the problem(s) will be subject to
mediation if such an agreement has been reached between the Parties.
36. ENVIRONMENTAL PROTECTION:
A. Proper "hazardous substances" and waste disposal is required of all Tenants.
Typical hazardous substances include automobile, boat and motorcycle
batteries, household batteries, cleaning fluids and solvents, gasoline, paint and
other thinners, oils, brake fluids, transmission fluids, radiator fluids and coolants
and petroleum products. No Tenants may keep or store, in any place including
within or about the mobilehome, homesite, storage shed or elsewhere in the
Community, any hazardous substances in excess of the quantities required for
typical single family household use. Additionally, Tenants may not cause any
environmental hazard, including any exposure to, contact with, spill or deposit
of any hazardous substance or waste. Tenants are prohibited from violating
any law relating to environmental protection, hazardous substances or waste.
This includes, but is not limited to, for example, changing or discarding auto
batteries, oil, brake and radiator fluids, automatic transmission fluid, air
conditioning gases, or grease in any motor vehicle or machine. Tenants may
not cause or allow hazardous substances or waste to be disposed of anywhere
in 'the Community, including, but not limited to, trash cans, trash bins, the
sewage disposal system, or any other trash or disposal area in the Community.
Such substances must be physically removed from the Community and
disposed of elsewhere in compliance with law. In the event of any spill or
deposit of hazardous substances in the Community, Tenants are required by
law to immediately notify management. Management reserves the right to
inspect the homesite for hazardous substances.
B. In addition to other remedies allowed by law, Tenants will indemnify and hold
the Owner harmless for any such environmentally hazardous act or omission
prohibited by this rule or law, including any compensatory damages, statutory
damages, punitive damages, expense and attorney's.fees and costs sustained
by the Community, Tenants will also be required to reimburse the Community
for any actual attorney's fees, litigation expenses, and costs incurred in
defending any action against the Community as a result of any environmentally
hazardous act or omission of Tenants, Residents, Guests, Contractors and
22
invitees. For purposes of this rule, "hazardous substances" includes without
limitation: (1) Those substances included within the definitions of "hazardous
substance," "hazardous waste," "hazardous material," "toxic substance," "solid
waste," or "pollutant or contaminant" in federal law including C.E.R.C.L.A.,
R.C.R.A., T.S.C.A., H.M.T.A., or under any other Environmental Law; (II)
Those substances listed in the United States Department of Transportation
(D.O.T.) Table [49 C.F.R. 172.101], or by the Environmental Protection Agency
(E.P.A.), or any successor agency, as hazardous substances (40 C.F.R. Part
302]; (III) Other substances, materials, and wastes that are or become
regulated or classified as hazardous or toxic under federal, state, or local laws
or regulations; and (IV) Any material, waste, or substance that is: (V) a
petroleum or refined petroleum product, (i) asbestos, (ii) polychlorinated
biphenyl, (iii) designated as a hazardous substance pursuant to 33 U.S.C. §
1321 or listed pursuant to 33 U.S.C. § 1317, (VI) a flammable explosive, or (VII)
a radioactive material.
37. COUNTERPARTS:
This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which taken together shall constitute but one and
the same instrument.
38. NON -RESPONSIBILITY OF PARK:
Owner is not responsible to inspect and approve any work done by Tenant or
for Tenant by others, including, but not limited to, the installation of the
mobilehome, driveway, walkways, fences or any other equipment or
improvements of any type. To the extent that Owner may inspect or approve
something, it is for Owner's own purpose only and Tenant is not entitled to rely
on that inspection or approval to ensure that the item has been installed or
constructed correctly or that the work has otherwise been done as required.
Instead, Tenant is responsible for all required inspections and approvals and
Tenant agrees to indemnify and hold Owner harmless from any work which is
improperly done.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the
day and year first above written.
Tenant
By:_/%/j
By:
CITY OF NEWPORT BEACH
a municipal corporation.
2j
CITY OF NEWPORT BEACH
a municipal corporation.
H mer Bludau, C' Manager
Al P D AS TO FORM:
auson, Assistant City Attorney
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