Loading...
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 2 /2005 10:50 9497230Eo MARINA PARK PAGE 04 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 3 09/67/2005 10:58 94972305, MARINA PARK - PAGE 05 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 4 09/07/2005 10:56 1497230510 MARINA PARK 0 PAGE 06 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 6 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) R /2005 10:58 94972305* MARINA PARK PAGE 08 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. 7 09/07/2005 10:58 94972305is MARINA PARK PAGE 09 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 141 09/07/2005 10:58 94972305M MARINA PARK M PAGE 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. 09/07/2005 10:58 9497230/0 MARINA PARK 4P PAGE 11 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. 10 09/07/2005 10:58 94972305M MARINA PARK - PAGE 12 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"). 11 10:58 94972309h MARINA PARK A& PAGE 13 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. 12 10:58 9497230518 MARINA PARK 0 PAGE 14 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 13 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 14 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 15 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 17 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. 19 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 20 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 21 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. 23 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 r 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 5 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. • r 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: 7 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. 9 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. r 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. 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: 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 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 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. r 0 G. The terms of residency shall be solely governed by law and by the terms of this agreement. No salesperson, broker, financial institution or any person not specifically employed by owner has the authority or right to make statements on behalf of City. The resident managers have no authority to modify this agreement. This is the exclusive 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. i 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. s 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: 7 • 0 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: <:ri 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. • 0 B. Tenant agrees to comply with the Rules and Regulations of Marinapark (Exhibit "B") and further agrees these Rules and Regulations may be amended as provided in the Mobilehome Residency Law or other relevant statute. 7. CONSIDERATION: City reserves the right to take the position that the past rents have been below market and constitute consideration to be applied against relocation costs upon closure of the Park. Tenants reserve the right to dispute City's-position. 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. to 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: • 0 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 • 0 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. 0 0 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 5 0 0 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: 7 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. U • 0 B. Tenant agrees to comply with the Rules and Regulations of Marinapark (Exhibit "B") and further agrees these Rules and Regulations may be amended as provided in the Mobilehome Residency Law or other relevant statute. 7. CONSIDERATION: City reserves the right to take the position that the past rents have been below market and constitute consideration to be applied against relocation costs upon closure of the Park. Tenants reserve the right to dispute City's position. 8. RELEVANT STATUTES AND RULES: The Mobilehome Residency Law requires this Agreement to contain, among other things, the Rules and Regulations of Marinapark and the language of the Mobilehome Residency Law. The Rules and Regulations of Marinapark are attached as Exhibit "B," the provisions of the Mobilehome Residency Law are attached as Exhibit "C," and both documents are incorporated into this Agreement by reference. The Marinapark Rules and Regulations and the Mobilehome Residency Law may be amended or modified from time to time, and these amendments and modifications shall be deemed to be incorporated into the documents attached as Exhibits ''B" and "C," respectively, when effective. 9. SALE OR ASSIGNMENT: Subject to the terms of this Section, Tenant may sell the mobilehome located on the Premises pursuant to the rights, and subject to the obligations, of Tenant under the Mobilehome Residency Law and any other applicable statutes. If the mobilehome that is the subject of the sale or transfer is to remain on the Premises, or if Tenant proposes to assign Tenant's interest in this Lease to any person or persons who is (are) to reside on the Premises, Tenant and/or the proposed transferee must do the following: A. Tenant must give notice of the sale or assignment to City prior to close of escrow. B. The sale or assignment shall not be effective unless City has given prior written approval, the transferee has executed a new rental agreement provided by City, and the transferee has expressly agreed to be bound thereto. C. Tenant agrees that occupancy of the Premises shall be limited as provided in this Agreement and Tenant agrees not to sublease or otherwise transfer any partial interest in this Agreement. 10 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: 0 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. 12 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 13 0 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. 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 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 15 • 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 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. 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 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 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 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 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 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 19 0 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, 20 0 . 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 24