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HomeMy WebLinkAboutMARINA PARK FORM LEASE_05_FINANCE_DOCUMENTS PART 205_FINANCE_DOCUMENTS Oborny, Shirley From: Bill Mecham [bmecham@adelphia.net] Sent: Wednesday, June 02, 2004 6:52 PM To: Oborny, Shirley Subject: Re: Marinapark Rules and Regs They would be on the computer of the attorney who wrote them or Terry Dowdall. I will check and try to find out. BILL MECHAM ----- Original Message -- From: "Oborny, Shirley" <soborny@city.newport-beach.ca.us> To: <bmecham@adelphia.net> Sent: Wednesday, June 02, 2004 4:30 PM Subject: Marinapark Rules and Regs I am not certain whether it was Elaine Alston > Hi Bill. We were wondering who has the Rules and Regs on their > computer? Some typos were found by Ed and we wanted to fix them. > Thanks. > Shirley Oborny > Administrative Assistant > City Manager's Office > City of Newport Beach > 3300 Newport Blvd. > Newport Beach, CA 92663 > 949-644-3002 > 949-644-3008 (fax) Message Page 1 of 1 Oborny, Shirley From: Kiff, Dave Sent: Friday, May 28, 2004 9:02 AM To: Oborny, Shirley Subject: RE: Lease? 1 -- yes; 2 -- yes. -----Original Message ----- From: Oborny, Shirley Sent: Friday, May 28, 2004 8:30 AM To: Kiff, Dave Subject: RE: Lease? Thanks for sharing. 1) If we don't need anew lease can we give these blank leases to Ed for new people? 2) Ed Cooper found several typos on the Rules and Regs. He would like however has it electronically to fix it. Robin thinks Mecham or Dowdall has it. Is it okay for me to tryto track it down? -----Original Message ----- From: Kiff, Dave Sent: Thursday, May 27, 2004 6:33 PM To: Oborny, Shirley Subject: FW: Lease? FYI. -----Original Message ----- From: Kiff, Dave Sent: Thursday, May 27, 2004 6:09 PM To: 'Bill Mechem' Cc: Clauson, Robin; Tsang, Evelyn Subject: RE: Lease? Robin will be talking again with Terry Dowdall, but she does not believe we need to offer a new lease. The folks will automatically continue on the existing lease according to Robin. Dave -----Original Message ----- From- Bill Mecham [mailto:bmecham@adelphia.net] Sent: Wednesday, May 19, 2004 7:03 PM To: Dave Kiff Subject: Lease? Where are we on the lease? 06/11/2004 Message Page 1 of 2 Oborny, Shirley From: Oborny, Shirley Sent: Wednesday, June 09, 2004 3:04 PM To: Kiff, Dave Subject: RE: Lease? Tracking: Recipient Read Kiff, Dave Read: 06/09/2004 3:23 PM Okay, then I'm going to recycle. -----Original Message ----- From: Kiff, Dave Sent: Wednesday, June 09, 2004 3:03 PM To: Oborny, Shirley Subject: RE: Lease? So far, we've decided not to give anyone the new lease -- I don't even think they will go to new owners... -----Original Message ----- From: Oborny, Shirley Sent: Wednesday, June 09, 2004 2:42 PM To: Kiff, Dave Subject: RE: Lease? Have you and Robin decided whether or not to have the tenants sign a new lease or can I give this pile to Ed as extras? -----Original Message ----- From: Kiff, Dave Sent: Friday, May 28, 2004 9:02 AM To: Oborny, Shirley Subject: RE: Lease? 1 -- yes; 2 -- yes. -----Original Message ----- From: Oborny, Shirley Sent: Friday, May 28, 2004 8:30 AM To: Kiff, Dave Subject: RE: Lease? Thanks for sharing. 1) If we don't need a new lease can we give these blank leases to Ed for new people? 2) Ed Cooper found several typos on the Rules and Regs. He would like however has it electronically to fix it. Robin thinks Mecham or Dowdall has it. Is it okay for me to try to track it down? -----Original Message ----- From- Kiff, Dave Sent: Thursday, May27, 2004 6:33 PM To: Oborny, Shirley Subject: FW: Lease? 06/11/2004 Message Page 2 of 2 FYI. -----Original Message ----- From: Kiff, Dave Sent: Thursday, May 27, 2004 6:09 PM To: 'Bill Mecham' Cc: Clauson, Robin; Tseng, Evelyn Subject: RE: Lease? Robin will be talking again with Terry Dowdall, but she does not believe we need to offer a new lease. The folks will automatically continue on the existing lease according to Robin. Dave -----Original Message ----- From: Bill Mecham [mailto:bmecham@adelphia.net] Sent: Wednesday, May 19, 2004 7:03 PM To: Dave Kiff Subject: Lease? Where are we on the lease? 06/11/2004 Oborny, Shirley From: Kiff, Dave Sent: Tuesday, April 27, 2004 1:58 PM To: Clauson, Robin; Duncan, Ron; Tsang, Evelyn; Oborny, Shirley; Everroad, Glen Cc: Coulter, Susan; Deutsch, Tim; Bludau, Homer Subject: RE: Marinapark The Amazingly Bright, Thoughtful, Fair, Intuitive, Strategic, and Politically Paranoid Minds that govern Marinapark issues (and we know who we are) have fully researched recent issues of import and have deemed the following: 1 -- We're going to bill Marinapark for full service water, sewer, connection fees, et al. Ron Duncan is getting an estimate of that and will work to make the billings occur and the funds go into the nice accounts that they're supposed to. 2 -- We're not going to raise the rents to the tenants to accommodate this -- we'll just have Bill Mechem take it out of Gross Rent. 3 -- As such, the General Fund will slightly suffer but the Enterprise Funds will slightly benefit as we remain true to that DANG Council Policy. 4 -- Evelyn will get this version (you'll need to use this one because I fixed the dates from the one that I got earlier) of the Rental Agreement to Bill Mechem so that Bill can immediately get the tenants on a current 12-month lease. Evelyn, you'll want to remind Bill that he needs to attach the current version of MH Residency Law and the Park Rules and Regs (and a full copy of both attachments should go in our files in case we ever want to see what those look like). 5 -- To ease the ink burden on Homer and Robin, they may want to sign the last page of the Rental Agreement and have multiple copies of that single page printed for Bill to distribute. Clear as mud? Anyone sorry we waffled on the rent increase? TOO BADM Ok, that was my power play of the day. I feel so satiated now. Dave in 04-04-27 MP Lease w-o MRL or P... -----Original Message ----- From: Clauson, Robin Sent: Tuesday, April 27, 200410:29 AM To: Duncan, Ron; Tseng, Evelyn; Kiff, Dave; Oborny, Shirley; Everroad, Glen Cc: Coulter, Susan; Deutsch, Tim Subject: RE: Marinapark Once we figure out what we want to do, we need to disucss with our outside legal counsel to make sure we can do what we want to do and how to do it and comply with the Mobilehome Residency Law -----Original Message ----- From: Duncan, Ron Sent: Tuesday, April 27, 200410:26 AM To: Tseng, Evelyn; Kiff, Dave; Oborny, Shirley; Everroad, Glen; Clauson, Robin Cc: Coulter, Susan; Deutsch, Tim Subject: RE: Marinapark Let me know if I should make a change to their Municpal Services billings. They are only being billed for water consumption - no other fees being imposed (sewer, other agency, connections). Thanks. -----Original Message ----- From: Tseng, Evelyn =.: Sent: Tuesday, April 27, 200410:04 AM To: KILT, Dave; Oborny, Shirley; Everroad, Glen; Clauson, Rabin Cc: Coulter, Susan; Duncan, Ron Subject: Marinapark Okay, here it is with the change. All I did was add provision I in the recitals. A cursory review shows that that's the only change. Dave, I'm not sure we need to add a water provision -- although Robin would know more about this. I think we can bill the tenant specifically for water use if the properties are individually submetered, which as far as I know, they are not. It seems more likely that we would bill Bendetti the increased water fees and have them net it out of the rents -- and they in turn will turn around and bill the tenants by a change in rents (?) as the leases are renewed. Evelyn Tsang Income Contracts Administrator City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92668 (949)644-3145 (949) 644-3073 (fax) << File: 042704Final.doc >> Oborny, Shirley From: Duncan, Ron Sent: Tuesday, April 27, 2004 10:26 AM To: Tseng, Evelyn; Kiff, Dave; Oborny, Shirley; Everroad, Glen; Clauson, Robin Cc: Coulter, Susan; Deutsch, Tim Subject: RE: Marinapark Let me know if I should make a change to their Municpal Services billings. They are only being billed for water consumption - no other fees being imposed (sewer, other agency, connections). Thanks. -----Original Message ----- From: Tseng, Evelyn Sent: Tuesday, April 27, 200410:04 AM To: MIT, Dave; Oborny, Shirley, Everroad, Glen; Clauson, Robin Cc: Coulter, Susan; Duncan, Ron Subject: Marinapark Okay, here it is with the change. All I did was add provision I in the recitals. A cursory review shows that that's the only change. Dave, I'm not sure we need to add a water provision -- although Robin would know more about this. I think we can bill the tenant specifically for water use if the properties are individually submetered, which as far as I know, they are not. It seems more likely that we would bill Bendetti the increased water fees and have them net it out of the rents -- and they in turn will turn around and bill the tenants by a change in rents (?) as the leases are renewed. Evelyn Tsang Income Contracts Administrator City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 (949)644-3145 (949) 644-3073 (fax) << File: 042704Final.doc >> Oborny, Shirley From: Clauson, Robin Sent: Tuesday, April 27, 2004 10:29 AM To: Duncan, Ron; Tseng, Evelyn; Kiff, Dave; Oborny, Shirley; Everroad, Glen Cc: Coulter, Susan; Deutsch, Tim Subject: RE: Marinapark Once we figure out what we want to do, we need to disucss with our outside legal counsel to make sure we can do what we want to do and how to do it and comply with the Mobilehome Residency Law -----Original Message ----- From: Duncan, Ran Sent: Tuesday, April 27, 200410:26 AM To: Tseng, Evelyn; Kiff, Dave; Oborny, Shirley; Everroad, Glen; Clauson, Robin Cc: Coulter, Susan; Deutsch, Tim Subject: RE: Mannapark Let me know if I should make a change to their Municipal Services billings. They are only being billed for water consumption - no other fees being imposed (sewer, other agency, connections). Thanks. -----Original Message ----- From: Tseng, Evelyn Sent: Tuesday, April 27, 2004 10:04 AM To: Kiff, Dave; Oborny, Shirley; Everroad, Glen; Clauson, Robin Cc: Coulter, Susan; Duncan, Ron Subject: Marinapark Okay, here it is with the change. All I did was add provision I in the recitals. A cursory review shows that that's the only change. Dave, I'm not sure we need to add a water provision -- although Robin would know more about this. I think we can bill the tenant specifically for water use if the properties are individually submetered, which as far as I know, they are not. It seems more likely that we would bill Bendetti the increased water fees and have them net it out of the rents -- and they in turn will turn around and bill the tenants by a change in rents (7) as the leases are renewed. Evelyn Tseng Income Contracts Administrator City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 (949) 644-3145 (949) 644-3073 (fax) << File: 042704Final.doc >> Oborny, Shirley From: Tsang, Evelyn Sent: Tuesday, April 27, 2004 10:04 AM To: Kiff, Dave; Oborny, Shirley; Everroad, Glen; Clauson, Robin Cc: Coulter, Susan; Duncan, Ron Subject: Marinapark Okay, here it is with the change. All I did was add provision I in the recitals. A cursory review shows that that's the only change. Dave, I'm not sure -we need to add a water provision -- although Robin would know more about this. I think we can bill the tenant specifically for water use if the properties are individually submetered, which as far as I know, they are not. It seems more likely that we would bill Bendetti the increased water fees and have them net it out of the rents -- and they in turn will turn around and bill the tenants by a change in rents (?) as the leases are renewed. Evelyn Tseng Income Contracts Administrator City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 (949)644-3145 (949) 644-3073 (fax) I =I 042704FInal.doc (126 KB) Oborny, Shirley From: Coulter, Susan Sent: Tuesday, April 13, 2004 5:23 PM To: Tseng, Evelyn; Deutsch, Tim; Kiff, Dave; Everroad, Glen; Clauson, Robin; Oborny, Shirley Cc: Duncan, Ron Subject: RE: Marinapark H2O I agree with your plan, but would like to talk to Ron about the bi-monthly estimate of $1,570 for water as it seems low compared to what has already been posted this year. Susan -----Original Message ----- From: Tseng, Evelyn Sent: Tuesday, April 13, 2004 4:14 PM To: Deutsch, Tim; Coulter, Susan; Kiff, Dave; Everroad, Glen; Clauson, Robin; Oborny, Shirley Cc: Duncan, Ron Subject: RE: Mannapark H2O Hi -- I just want to make sure I have the same understanding about the Marinapark water billing situation that everyone else does: Ron Duncan has given me an estimate of the bi-monthly water fees for Marinapark (see attached). At $1,570 every 2 months, it amounts to $9,420/year. If we add sewer fees, then the bimonthly amount comes to $2,612.34 or $15,674.04/year. For consistency's sake, the City should be charging Marinapark directly for water and sewer fees, the way the City charges tenants on other city -owned properties. However, because water fees are included in the monthly rent for Marinapark (pursuant to the lease) AND the residences are not submetered, the City cannot do that here. Therefore, the property management company should net that amount attributable to water fees out of gross revenue and pay that amount directly to Water Utilities. In addition, because the sewer fees (like the water fees) are not separately metered, and so an exact amount cannot be charged to each individual resident, then sewer fees should be prorated to each resident and also included in the rent. Again, like water, the property management company would also net that amount attributable to sewer fees out of gross revenue. If the leases are due to be renewed, the City may want to add language adding sewer fees to the rent, and change the rental amount to reflect the increased water fees and the new sewer fees. If the annual amount of water and sewer fees to Marinapark is $15,674.04/yr, and there are 58 units at Marinapark, then rent for each unit should be raised by $270/year. Does this sound about right? Evelyn -----Original Message ----- From: Deutsch, Tim Sent: Tuesday, April 13, 2004 8:05 AM To: Coulter, Susan; Kiff, Dave; Tseng, Evelyn; Everroad, Glen; Clauson, Robin; Oborny, Shirley Subject: RE: Bendetti redux The history around the internal billing of the water stemmed from a request back in the John Hedges era (1996- 97). The cost of water was rising dramatically and there was a concern about supply. Mayor Hedges requested a report on internal billing. Once reviewed, he requested that the water for all City owned facilities pay for the water used. At that time, we asked about all of the fees associated with water or sewer service, but was told that we were only go to charge for the water used, since it collectively represented a $450,000 hit from the General Fund. With Prop 218 looming, it was determined that this exchange of $$ from the City accounts into the water enterprise fund for the cost of water, would hold back any concerns of violating Prop 218. At the same time, the City increased the Water Enterprise Fund transfer to the General Fund by $240,000. It was during this past year that we started billing each account based on actual consumption each billing period. This allows City users to save if they are conservation -minded. Prior to this year, the amount billed was based on usage during a given period of time, not actual usage. If these accounts are going to be considered like every other customer, then they should be billed all of the charges & fees. -----Original Message ----- From: Coulter, Susan Sent: Monday, April 12, 2004 3:56 PM To: Kiff, Dave; Tseng, Evelyn; Everroad, Glen; Clauson, Robin; Obomy, Shirley; Deutsch, Tim Subject: FW: Bendetti redux I think the expense should be netted from gross revenues. Your background was stated correctly with the exception that prior to the current fiscal year, the estimated water charges for Marinapark were only $4,000 per year. This year, we switched to actual meter readings and the true amount looks like it will approach $20,000 per year. That's what prompted this. Writing off $4,000 to the General Fund is one thing. Five times that....? Also related to this issue is the fact that they are not being charged for sewer connections/service either. I think those expenses should,also be netted from revenues, but I don't have any history as to why they haven't been paying for that service. Maybe Tim knows? -----Original Message ----- From: Kiff, Dave Sent: Monday, April 12, 2004 2:40 PM To: Tseng, Evelyn; Everroad, Glen; Clauson, Robin; Oborny, Shirley; Deutsch, Tim; Coulter, Susan Subject: FW: Bendetti redux Evelyn has brought up the MarinaPark Water Issue -- in a slightly different way -- and since she's asked (thanks, Evelynl), why don't we take this opportunity to collectively wrap it up? As background, Susan, Shirt, and Tim have been exchanging a few a -mails in an attempt to fix the odd way we have billed water used at MP. I think -- but can be corrected -- that past practice has been that the Water Utility bills the City Manager's office for it -- so it never shows up in the general expenses of MarinaPark, but it should be according to F-7. All that said, I don't think we've debited appraisals or consultant fees from MP either (like Terry Dowdall, any appraisals we've done, etc). Is there a better way to do this -- like making MP a special account to which we receive revenue and from which we deduct expenses? Thoughts welcome. Dave Marinaoark Water Billing Section F-7 (H) of the Newport Beach City Council Manual states: H. To provide an accurate accounting of actual net revenues generated by the City's income property, all costs and charges directly attributable to the management of a specific income property shall be debited against the gross revenues collected on that property in the fiscal year the costs are incurred. Costs and charges include property repairs and maintenance, property appraisals, and consultant fees, as authorized by the City Council, City Manager or by this Income Property Policy. Would these costs and charges include water at Marinapark? If so, shouldn't we request that Bendetti or Mecham net out the cost of water from gross revenue, rather than having the Revenue Department move it from the General Fund? Oborny, Shirley From: Tseng, Evelyn Sent: Tuesday, April 13, 2004 5:16 PM To: Deutsch, Tim; Coulter, Susan; Kiff, Dave; Everroad, Glen; Clauson, Robin; Oborny, Shirley Cc: Duncan, Ron Subject: Marinapark H2O - Ron's attachment Sorry... NiMt Marina ParkEstBIII.XI s (19 KB) Here's the attachment. I MARINA PARK Account # Meter Size Account Type Multi Units Water Sery Sewer Sery Other Agy Consumption Sewer Use Water Use Total Charges 0852360 2.0 Multi 5 $ 44.50 $ 27.20 0.87 35 $ 8.75 $ 70.00 $ 151.32 0852380 1.5 Sprinkler $ 11.00 52 $ 104.00 $ 115.00 0852400 2.0 Multi 5 $ 44.50 $ 27.20 0.87 36 $ 9.00 $ 72.00 $ 153.57 0852420 1.5 Multi 5 $ 44.50 $ 27.20 0.87 29 $ 7.25 $ 58.00 $ 137.82 0852440 2.0 Multi 5 $ 44.50 $ 27.20 0.87 27 $ 6.75 $ 54.00 $ 133.32 0852460 2.0 Multi 5 $ 44.50 $ 27.20 0.87 82 $ 20.50 $ 164.00 $ 257.07 0852480 2.0 Multi 3 $ 20.50 $ 19.20 0.87 44 $ 11.00 $ 88.00 $ 139.57 0852500 2.0 Sprinkler $ 14.50 47 $ 94.00 $ 108.50 0852520 2.0 Multi 5 $ 44.50 $ 27.20 0.87 29 $ 7.25 $ 58.00 $ 137.82 0852540 2.0 Multi 5 $ 44.50 $ 27.20 0.87 48 $ 12.00 $ 96.00 $ 180.57 0852600 2.0 Multi 5 $ 44.50 $ 27.20 0.87 44 $ 11.00 $ 88.00 $ 171.57 0852640 2.0 Sprinkler $ 14.50 90 $ 180.00 $ 194.50 0852650 2.0 Multi 5 $ 44.50 $ 27.20 0.87 61 $ 15.25 $ 122.00 $ 209.82 0852660 2.0 Multi 5 $ 44.50 $ 27.20 0.87 88 $ 22.00 $ 176.00 $ 270.57 0852680 2.0 Multi 5 $ 44.50 $ 27.20 0.87 50 $ 12.50 $ 100.00 $ 185.07 0852700 2.0 Sprinkler $ 14.50 23 $ 5.75 $ 46.00 $ 66.25 Totals: $1,570.00 $ 2,612.34 ***Based on consumption for the meter reading period 12/02/03 to 02/02/04 '*Message Page 1 of 1 Oborny, Shirley From: Deutsch, Tim Sent: Tuesday, April 06, 2004 8:00 AM To: Oborny, Shirley Subject: FW: Marina Park Proposed Billing Shirley, Did Dave get a chance to look at this? Tim -----Original Message ----- From: Duncan, Ron Sent: Tuesday, March 30, 2004 1:37 PM To: Deutsch, Tim; Oborny, Shirley Subject: Marina Park Proposed Billing This spreadsheet shows the bi-monthly charges for each Marina Park account based on the water consumption for the most recently measured period of 12/02/03 to 02/02/04. I need a quick decision on this if we are going to charge these "usual' fees. I will need some time to set them on for each account. Currently we are only charging water consumption. Thanks 04/14/2004 MARINA PARK Account # Meter Size Account Type Multi Units Water Sery Sewer Sery Other Agy Consumption Sewer Use Water Use 0852360 2.0 Multi 5 $ 44.50 $ 27.20 0.87 35 $ 8.75 $ 70.00 0852380 1.5 Sprinkler $ 11.00 52 $ 104.00 0852400 2.0 Multi 5 $ 44.50 $ . 27.20 0.87 36 $ 9.00 $ 72.00 0852420 1.5 Multi 5 $ 44.50 $ 27.20 0.87 29 $ 7.25 $ 58.00 0852440 2.0 Multi 5 $ 44.50 $ 27.20 0.87 27 $ 6.75 $ 54.00 0852460 2.0 Multi 5 $ 44.50 $ 27.20 0.87 82 $ 20.50 $ 164.00 0852480 2.0 Multi 3 $ 20.50 $ 19.20 0.87 44 $ 11.00 $ 88.00 0852500 2.0 Sprinkler $ 14.50 47 $ 94.00 0852520 2.0 Multi 5 $ 44.50 $ 27.20 0.87 29 $ 7.25 $ 58.00 0852540 2.0 Multi 5 $ 44.50 $ 27.20 0.87 48 $ 12.00 $ 96.00 0852600 2.0 Multi 5 $ 44.50 $ 27.20 0.87 44 $ 11.00 $ 88.00 0852640 2.0 Sprinkler $ 14.50 90 $ 180.00 0852650 2.0 Multi 5 $ 44.50 $ 27.20 0.87 61 $ 15.25 $ 122.00 0852660 2.0 Multi 5 $ 44.50 $ 27.20 0.87 88 $ 22.00 $ 176.00 0852680 2.0 Multi 5 $ 44.50 $ 27.20 0.87 50 $ 12.50 $ 100.00 0852700 2.0 Sprinkler $ 14.50 23 $ 5.75 $ 46.00 *"*Based on consumption for the meter reading period 12/02/03 to 02/02/04 Total Charges $ 151.32 $ 115.00 $ 153.57 $ 137.82 $ 133.32 $ 257.07 $ 139.57 $ 108.50 $ 137.82 $ 180.57 $ 171.57 $ 194.50 $ 209.82 $ 270.57 $ 185.07 $ 66.25 01 1 k$4essage Page 1 of 4 Oborny, Shirley From: Coulter, Susan Sent: Thursday, March 11, 2004 8:47 AM To: Oborny, Shirley Subject: RE: Marina Park Billing Change I'm thinking my comment suggesting evacuation caused me to be uninvited to any discussions regarding this topic! I can't say that I'm disappointed. I'm sure it will come up next week during the budget meeting with Homer. I'll let you know if anything is decided. -----Original Message ----- From: Oborny, Shirley Sent: Thursday, March 11, 2004 8:43 AM To: Coulter, Susan Subject: RE: Marina Park Billing Change And here I thought you, Dave and Evelyn all had a meeting about itl -----Original Message ----- From: Coulter, Susan Sent: Thursday, March 11, 2004 8:29 AM To: Oborny, Shirley Subject: RE: Marina Park Billing Change I never heard. -----Original Message ----- From: Oborny, Shirley Sent: Thursday, March 11, 2004 8:24 AN To: Coulter, Susan Subject: FW: Marina Park Billing Change Susan, just for my budget notes, I was wondering what the outcome of this was. Will the water come out of the City Manager's budget or will Marinapark end up paying it? -----Original Message ----- From: Deutsch, Tim Sent: Monday, March 01, 2004 2:37 PM To: Kiff, Dave Cc: Coulter, Susan; Oborny, Shirley; Duncan, Ron; Tseng, Evelyn Subject: RE: Marina Park Billing Change Dave, Thanks for catching that. That was intentional to see if people really read the e-mail completely. You win. You were the only one who caught it. So to finish the incomplete sentence, it would be an additional $270.00 a billing period (this equates to $90.00 for water and $180.00 for sewer) or $1,620.00/year for additional units. If you would like, I can prepare a guesstimate of the costs that Marina Park will incur, based on the current water usage. 03/17/2004 Message Page 2 of 4 Tim Deutsch (949) 644-3010 -----Original Message ----- From: Kiff, Dave Sent: Monday, March 01, 2004 1:56 PM To: Coulter, Susan; Oborny, Shirley; Deutsch, Tim; Duncan, Ron; Tseng, Evelyn Subject: RE: Marina Park Billing Change Before I make a decision, Tim left a sentence unfinished -- it was: Based on these numbers, there would be an additional I think Tim was about to tell us what the additional cost would be. Right now, I lean towards making MarinaPark pay its full fare in terms of water use. Dave PS -- now that Evelyn has joined us, I'll add her to the e-mail chain for her thoughts (if offered) or for later implementation. -----Original Message ----- From: Coulter, Susan Sent: Monday, March 01, 2004 10:51 AM To: Oborny, Shirley; Deutsch, Tim; Duncan, Ron; Kiff, Dave Subject: RE: Marina Park Billing Change Get out of townlll In the year I've been trying to get this straightened out, Tim never mentioned that if we changed the process the fees would more than double) I'm at a loss. For years, the City Manager's budget for Marina Park water was only $4,000. When we went to internal billing, the expense more than tripled* and we still have two billing cycles left. Now, it looks like they could double again. Am I not getting something? I no longer know what is the best or right thing to do. I do know that water and sewer is the business to be in. Anyway, we either need a budget amendment for Division 0310 or we should continue with the plan to treat Marina Park like our other income producing properties. I'll leave it up to Dave. *FY 04 Internal Water Billings re: Marina Park 08121/03 - $3,547.20 10/22/03 - $4,794.40 12/26/03 - $3,123.20 02/04/04 - $1,805.60 Total = $13,270.40 -----Original Message ----- From: Oborny, Shirley Sent: Monday, March 01, 2004 10:23 AM To: Coulter, Susan Subject: FW: Marina Park Billing Change This is what Tim sent Dave but he hasn't responded yet. It talks about the additional unit fees, etc. 03/17/2004 Message Page 3 of 4 -----Original Message ----- From: Deutsch, Tim Sent: Wednesday, February 25, 2004 6:47 AM To: Kiff, Dave Cc: Oborny, Shirley; Duncan, Ron Subject: Marina Park Billing Change Dave, Since the existence of internal billing of City accounts, Marina Park has always been considered part of the City Manager's budget. I understand that you have requested that this change effective the next billing period. Shirley has provided Revenue the billing information. When setting up these accounts, we need to consider that these are just like the other City income properties, i.e. Balboa Bay Club, Beacon Bay, etc, which are subject to paying for all of the fees associated with the customer accounts. For example, Account #0852360-02, which is located in the Marina Park facility would be charged the following applicable fees: Water use $2.00 per HCF Water service fee $7.25 per month - $14.50 per billing period (This will vary based on meter size) Additional unit fee $1.00 per month per additional unit (this is for multi -unit dwelling units that have more that one unit per water connection) Other Agency Fee $0.87 per billing period Sewer Use $0.25 per HCF of water used (on all non -sprinkler accounts) Sewer Service Fee $3.60 per month - $7.20 per billing period Additional unit fee $2.00 per month per additional unit (this is for multi -unit dwelling units that have more that one unit per sewer connection) Sewer Surcharge $10.00 per month - $20.00 per billing period (on all non -sprinkler accounts that have a meter that is 2-inches or larger) Based on these appropriate charges, in the case of the account listed above that new 2-month billing period charges could be $121.32 (plus charges for additional units) versus the internal charge or water use of $72.00. There are no other cases where we only bill a customer for water use, with the exception of the internal City accounts. All other City leased properties, some mentioned above, are charged all of the applicable charges. If you would like, we can prepare a breakdown of the charges that would have been assessed for the past period for all of the 15 accounts in the Marina Park facility. To make it accurate, we would need to know how many additional units, i.e. mobile homes are serviced in the facility. Based on the aerial of the park, there are approximately 59 mobile units, that would be charged to the non -irrigation accounts. Based on these numbers, there would be an additional If you are okay with everything, Ron will begin charging each of the Marina Park accounts all of the applicable fees on the next billing period which will go out in April. 03/17/2004 Message Page 1 of 2 Oborny, Shirley From: Coulter, Susan Sent: Monday, March 01, 2004 10:51 AM To: Oborny, Shirley; Deutsch, Tim; Duncan, Ron; Kiff, Dave Subject: RE: Marina Park Billing Change Get out of town!!I In the year I've been trying to get this straightened out, Tim never mentioned that if we changed the process the fees would more than double! I'm at a loss. For years, the City Manager's budget for Marina Park water was only $4,000. When we went to internal billing, the expense more than tripled* and we still have two billing cycles left. Now, it looks like they could double again. Am I not getting something? I no longer know what is the best or right thing to do. I do know that water and sewer is the business to be in. Anyway, we either need a budget amendment for Division 0310 or we should continue with the plan to treat Marina Park like our other income producing properties. I'll leave it up to Dave. *FY 04 Internal Water Billings re: Marina Park 08/21/03 - $3,547.20 10/22/03 - $4,794.40 12/26/03 - $3,123.20 02/04/04 - $1,805.60 Total = $13,270.40 -----Original Message ----- From: Oborny, Shirley Sent: Monday, March 01, 200410:23 AM To: Coulter, Susan Subject: FW: Marina Park Billing Change This is what Tim sent Dave but he hasn't responded yet. It talks about the additional unit fees, etc. -----Original Message ----- From: Deutsch, Tim Sent: Wednesday, February 25, 2004 6:47 AM To: MIT, Dave Cc: Oborny, Shirley; Duncan, Ron Subject: Marina Park Billing Change Dave, Since the existence of internal billing of City accounts, Marina Park has always been considered part of the City Manager's budget. I understand that you have requested that this change effective the next billing period. Shirley has provided Revenue the billing information. When setting up these accounts, we need to consider that these are just like the other City income properties, i.e. Balboa Bay Club, Beacon Bay, etc, which are subject to paying for all of the fees associated with the customer accounts. For example, Account #0852360-02, which is located in the Marina Park facility would be charged the following applicable fees: Water use $2.00 per HCF Water service fee $7.25 per month - $14.50 per billing period (This will vary based on meter size) Additional unit fee $1.00 per month per additional unit (this is for multi -unit dwelling units that have more that one unit per water connection) 03/01/2004 Message Page 2 of 2 Other Agency Fee $0.87 per billing period Sewer Use $0.25 per HCF of water used (on all non -sprinkler accounts) Sewer Service Fee $3.60 per month - $7.20 per billing period Additional unit fee $2.00 per month per additional unit (this is for multi -unit dwelling units that have more that one unit per sewer connection) Sewer Surcharge $10.00 per month - $20.00 per billing period (on all non -sprinkler accounts that have a meter that is 2-inches or larger) Based on these appropriate charges, in the case of the account listed above that new 2-month billing period charges could be $121.32 (plus charges for additional units) versus the internal charge or water use of $72.00. There are no other cases where we only bill a customer for water use, with the exception of the internal City accounts. All other City leased properties, some mentioned above, are charged all of the applicable charges. If you would like, we can prepare a breakdown of the charges that would have been assessed for the past period for all of the 15 accounts in the Marina Park facility. To make it accurate, we would need to know how many additional units, i.e. mobile homes are serviced in the facility. Based on the aerial of the park, there are approximately 59 mobile units, that would be charged to the non -irrigation accounts. Based on these numbers, there would be an additional If you are okay with everything, Ron will begin charging each of the Marina Park accounts all of the applicable fees on the next billing period which will go out in April. Please advise. Thanks. Tim Deutsch Administrative Manager City of Newport Beach Utilities Department (949) 644-3010 (949) 646-5204 - fax 03/01/2004 March 1, 2004 Bill Mecham Marinapark 1770 W. Balboa Blvd., Unit 2F Newport Beach, CA 92663 Dear Bill: During a recent audit of the City's internal water billing processes, we realized that the water meters at Marinapark were incorrectly included in that process. It would be more appropriate for those charges to be offset by the City's Marinapark revenues. Therefore, effective A pril 2 004, t he b i-monthly C ity water b ills w ill b e s ent t o you f or p ayment. Should you have any questions, please let me know. Sincerely, Dave Kiff Assistant City Manager Oborny, Shirley Full Name: Bill Mecham Last Name: Mecham First Name: Bill Business Address: 1770 W. Balboa Blvd., Unit 2F Newport Beach, CA 92663 Business: (949)723-3121 Mobile: (714) 330-1449 Business Fax: (949)723-0159 E-mail: bmecham@adelphia.net E-mail Display As: BillVecham (bmecham@adelphia.net) PalmPilot Category: Business Assistant is Millie Phillips - 714-330-1469 (cell) (949) 261-6111 x211 (Bendetti) (949) 261-6660 fax (Bendetti) Oborny, Shirley From: Oborny, Shirley Sent: Monday, March 01, 2004 10:23 AM To: Coulter, Susan Subject: RE: Marinapark Water Bills Perfect. I'm forwarding you the Tim Deutsch email which has a lot of info, including multiple meters. -----Onginal Message ----- From; Coulter, Susan Sent: Monday, March 01, 200410:18•AM To: Obomy, Shirley Subject: Marinapark Water Bills Hi Shirley, How's this: During a recent audit of the City's internal water billing processes, we realized that the water meters at Marinapark were incorrectly included in that process. It would be more appropriate for those charges to be offset by the City's Marinapark revenues. Therefore, effective April 2004, the bi-monthly City water bills will be sent to you for payment. Should you have any questions, please let me know. We should confirm with Ron Duncan or Tim Deutsch that there's more than one meter at Marinpark. Susan Message Page 1 of 2 Oborny, Shirley From: Deutsch, Tim Sent: Wednesday, February 25, 2004 6:47 AM To: Kiff, Dave Cc: Oborny, Shirley; Duncan, Ron Subject: Marina Park Billing Change Dave, Since the existence of internal billing of City accounts, Marina Park has always been considered part of the City Manager's budget. I understand that you have requested that this change effective the next billing period. Shirley has provided Revenue the billing information. When setting up these accounts, we need to consider that these are just like the other City income properties, i.e. Balboa Bay Club, Beacon Bay, etc, which are subject to paying for all of the fees associated with the customer accounts. For example, Account #0852360-02, which is located in the Marina Park facility would be charged the following applicable fees: Water use $2.00 per HCF Water service fee $7.25 per month - $14.50 per billing period (This will vary based on meter size) Additional unit fee $1.00 per month per additional unit (this is for multi -unit dwelling units that have more that one unit per water connection) Other Agency Fee $0.87 per billing period Sewer Use $0.25 per HCF of water used (on all non -sprinkler accounts) Sewer Service Fee $3.60 per month - $7.20 per billing period Additional unit fee $2.00 per month per additional unit (this is for multi -unit dwelling units that have more that one unit per sewer connection) Sewer Surcharge $10.00 per month - $20.00 per billing period (on all non -sprinkler accounts that have a meter that is 2-inches or larger) Based on these appropriate charges, in the case of the account listed above that new 2-month billing period charges could be $121.32 (plus charges for additional units) versus the internal charge or water use of $72.00. There are no other cases where we only bill a customer for water use, with the exception of the internal City accounts. All other City leased properties, some mentioned above, are charged all of the applicable charges. If you would like, we can prepare a breakdown of the charges that would have been assessed for the past period for all of the 15 accounts in the Marina Park facility. To make it accurate, we would need to know how many additional units, i.e. mobile homes are serviced in the facility. Based on the aerial of the park, there are approximately 59 mobile units, that would be charged to the non -irrigation accounts. Based on these numbers, there would be an additional If you are okay with everything, Ron will begin charging each of the Marina Park accounts all of the applicable fees on the next billing period which will go out in April. Please advise. Thanks. Tim Deutsch Administrative Manager City of Newport Beach Utilities Department (949) 644-3010 (949) 646-5204 - fax 03/01/2004 Oborny, Shirley From: Coulter, Susan Sent: Thursday, February 19, 2004 2:43 PM To: Oborny, Shirley Cc: Kiff, Dave Subject: RE: 0310-8118 (water for Marinapark) That's correct. The only thing I need is the billing address for Bendetti Mgmt. Thanks, Shirley, Susan -----Original Message ----- From: Obomy, Shirley Sent: Thursday, February 19, 2004 2:39 PM To: Coulter, Susan Cc: Kiff, Dave Subject: 0310.8118 (water for Madnapark) Susan, just to confirm my understanding of our conversation: • You will talk to Ron Duncan to arrange for the billing of Marinapark's water use; • Ron will let us know when the next billing will occur in order for us to notify Bendetti Mgmt. ahead of time; • Bendetti will pay the water bills and subtract the amount from the revenue we receive from them; • You will reduce our budget ceiling for FY04-05 by $4,000. Is this correct? Shirley 06orny Administrative Assistant City Manager's Office City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 949-644-3002 949-644-3008 ffi4 Oborny, Shirley From: Coulter, Susan Sent: Monday, February 23, 2004 8:14 AM To: Oborny, Shirley Cc: Duncan, Chip Subject: RE: Marinapark Water I gave Ron the list of meters that need to be switched and he confirmed that the next bill will be sent in April. Ron will make the changes on his end. Shirley, if you'll notify Mr. Mecham, we'll be all set. Thanks so much everyone. Susan -----Original Message ----- From: Duncan, Ron Sent: Monday, February 23, 2004 8:05 AM To: Coulter, Susan Cc: Oborny, Shirley Subject: RE: Marinapark Water We will be billing (1 assume this is out here on the peninsula somewhere) this again in April. If not, it would be billed in March. Let me know the details and we can fix the account to bill correctly. Thanks. -----Original Message ---- From: Coulter, Susan Sent: Thursday, February 19, 2004 3:26 PM To: Duncan, Ron Cc: Obomy, Shirley Subject: Marinapark Water Hi Ron, We need to change the billing information for the water used at the Marinapark. It's currently an internal billing being charged to 0310-8118, but we want to have the bills sent to the management company for payment from now on. Shirley Oborny will be forwarding the management company information. We also want to know when the next bill will be sent so we can notify them in advance. Please let me know if you need anymore information to help us with this request. Thanks, Susan, ext. 3128 MARINAPARK 1770 WEST BALBOA BOULEVARD NEWPORT BEACH, CALIFORNIA 92663 RULES AND REGULATIONS These rules and regulations are part of the rental agreement between the CITY OF NEWPORT BEACH, a municipal corporation and Charter City (City) and: (Homeown erlResident) for space number in Marinapark. Please read the Rules and Regulations carefully and keep them on file as they constitute a biriding 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. INTRODUCT ION. 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 between Management and each tenant and resident individually. Tenant agrees that tenant is not a third party beneficiary of any other agreement between City/Park Management and any other tenant or resident in this Park. In other words, this agreement is not for the benefit, enjoyment or protection of any other tenants, residents or guests. Similarly, no other rental agreement and rules and regulations entered into With other tenants in the park are intended for the benefit, enjoyment or protection of Tenant. B. OCCUPANCY RESTRICTIONS. No more than two (2) persons per bedroom plus one (1) additional person per mobilehome, may regularly occupy the mobilehome and the space. All bedrooms in the mobilehome must have an unobstructed exterior window or door large enough to allow an exit in the event of fire or other emergency. A "bedroom" refers to the originally designed sleeping rooms as specified by the manufacturer of the mobilehome and as specified by state law or regulation respecting mobilehome occupancy. For example, rooms without closets, porches, decks and awning, or patio enclosures are not bedrooms. Vehicles and storage sheds may not be used for sleeping rooms. 3. PARK PERSONNEL. A. City shall be represented by Park Management, including a Resident Manager, who is vested with all the legal right and authority to enforce the Rules and Regulations. The Resident Manager has no authority to enter into any verbal agreement, understanding, or to make exception, or approve any arrangement inconsistent with the rules and regulations and rental agreement. B. The Resident Manager is not authorized to consent or agree to, nor acquiesce in exceptions, special arrangements, or to waive compliance with the rental agreement or rules and regulations. Park employees are prohibited from receiving any notices, mail, service of process, gratuities, deliveries or packages (in particular mail or parcel post) or other property from anyone for safekeeping, storage or any purpose on behalf of any resident or guest. Resident'Manager shall do no work in or around your mobilehome or the premises except as, needed to fulfill park management duties. In the event that resident seeks to have such work done or services performed (beyond the scope of management duties), Resident should seek independent contractors and 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, SEX, SEXUAL ORIENTATION, HANDICAP OR DISABILITY, FAMILIAL STATUS, SOURCE OF INCOME, NATIONAL ORIGIN, ANCESTRY OR FOR ARBITRARY REASONS UNDER STATE LAW - DISCRIMINATORY ACTIONS OF THE MANAGEMENT, HOMEOWNERS, RESIDENTS, GUESTS OR OTHERS MAY BE REPORTED TO CITY'S AGENTS, OR THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING. MANAGEMENT WILL NOT AT ANY TIME UNLAWFULLY ADMINISTER, ENFORCE OR EXPRESS ANY PREFERENCE WITH RESPECT TO EXISTING OR PROSPECTIVE RESIDENTS, RESIDENTS, OR GUESTS BASED ON ANY PROTECTED CLASS STATUS AS DEFINED UNDER SUCH LAWS. NO SUCH UNLAWFUL ACTIVITY BY OTHER PERSONS WHETHER RESIDING IN OR DOING BUSINESS IN THE COMMUNITY OR OTHERWISE IS PERMITTED; ANY UNLAWFUL DISCRIMINATION KNOWN OR REASONABLY SUSPECTED MAY BE REPORTED TO APPROPRIATE GOVERNMENT AUTHORITIES FOR PROSECUTION. B. Any regulations which result in differential treatment based on age merely implement existing law or regulations or health and safety imperatives to avoid risk of injury, danger or harm which can be avoided by reasonable care of parents or adult custodians. Such rules and regulations as contained herein, and other policies of the management expressed in any writings, posted signs, memos, notices or otherwise, have been based on consultation with legal counsel for compliance; in the event that any such policy is ruled or challenged as being or having become unenforceable or void based on legal interpretations, rulings or complaints, management may on receiving notification of the existence of such a dispute, omit, delete or rescind operation thereof without further notice and without inference or implication of fault or wrongdoing. Management will not at any time unlawfully administer, enforce or express any preference with respect to existing or prospective tenants, residents, or guests based on any protected class status as defined under such laws. 5. GUESTS. A. All guests must register with Park Management if they stay with Resident more than a total of twenty (20) consecutive days or a total of thirty (30) days in a calendar year (hereinafter "grace period"). Each guest must complete an application for tenancy, be approved by Park Management and execute all other residency documents before any additional person, other than the ones listed on the last page of the rental agreement, shall be permitted to reside with a resident fora period greater than the grace period. B. Resident agrees to acquaint all guests with the conditions of tenancy of the Park, including, but not limited, to the Park's Rules and Regulations. Resident is personally responsible for all the actions and conduct of Resident's guests. C. Park Management reserves the right to determine whether the Park's recreational and other facilities can accommodate all the residents and their guests; therefore, Park Management may refuse any, guest access to said facilities if the guest's presence would reasonably detract from the use and enjoyment of these facilities by other residents and guests who are then using the facilities. D. A guest is permitted to use the recreational facilities only while accompanied by a resident. E. If Resident will not be present, then no guests may occupy or otherwise use Resident's mobilehome without Park Management's consent. If a guest has received approval by the Park, such guest may be permitted to occupy Resident's mobilehome and to use the Park's recreational facilities. 6. MOBILEHOME STANDARDS. A. Mobilehomes. To insure architectural compatibility, construction and installation standards, all mobilehomes (other than those already existing in the Park) must be of the current model year or never previously occupied, must be approved by Park Management, and must have detachable hitches. B: Mobilehome Sizes. All mobilehomes shall conform in size to the requirements of the homesite on which they are placed as established by Park Management. Placement of mobilehomes shall be determined by Park Management. C. Accessory Equipment and Structures. The installation of all appliances, accessory equipment and structures on incoming mobilehomes shall be completed within sixty (60) days of the date Tenant signs the rental agreement or first occupies the mobilehome, whichever is earlier. (1) Building permits, licenses and other similar permission from government or quasi - governmental bodies or agencies must be obtained, if so required, before any installation MARINAPARK RULES AND REGULATIONS Page 3 or construction of certain accessory equipment and structures. All such equipment and structures must comply with all federal, state and local laws and ordinances. (2) Prior to commencing a new installation of or a change in accessory equipment and structures or a change in any appliance which is to be connected to the gas, electric or water supply, Resident shall submit for Park Management's approval a written plan describing in detail the accessory equipment and structures which Resident proposes to install or change. (3) Any accessory, equipment or structure not in compliance with the Park's residency documents shall be removed by Resident within ten (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. D. Standards for Accessory Equipment and Structures. Conditions- for specific equipment and structures are as follows: (1) THE PARK HAS A LIMITED ELECTRICAL AMPERAGE CAPACITY. THEREFORE, RESIDENT IS RESPONSIBLE FOR ENSURING THAT RESIDENT'S MOBILEHOME AND APPLIANCES ARE COMPATIBLE WITH THE PARK'S ELECTRICAL SYSTEM. CITY MAY REQUIRE REMOVAL OF ANY APPLIANCES (INCLUDING, BUT NOT LIMITED TO, AIR CONDITIONING UNITS) THAT, IN CITY'S REASONABLE DISCRETION, ADVERSELY AFFECT THE UTILITY SYSTEMS OF THE PARK. RESIDENT IS RESPONSIBLE FOR MAKING SURE THAT THE MOBILEHOME AND ALL APPLIANCES AND EQUIPMENT ARE COMPATIBLE WITH THE ELECTRIC SERVICE NOW AVAILABLE, AND CITY SHALL HAVE NO LIABILITY OR RESPONSIBILITY IF THE AVAILABLE ELECTRICAL SUPPLY IS INCOMPATIBLE OR INSUFFICIENT. RESIDENT IS RESPONSIBLE TO MATCH THE RATING FOR THE MOBILEHOME TO THE SERVICE PROVIDED AT THE PEDESTAL AND NOT EXCEED IT. RESIDENT WARRANTS THAT THE MOBILEHOME SHALL NOT EXCEED SUCH RATING. RESIDENT RELEASES CITY FROM FAILURE TO COMPLY WITH THE AMPERAGE RATING OR EXCEEDING AVAILABLE SERVICE. THIS RELEASE IS NOT INTENDED TO RELEASE CITY FROM CITY'S WILFUL MISCONDUCT OR ACTIVE NEGLIGENCE, BUT ONLY TO THE EXTENT ALLOWED BY LAW. RESIDENT SHALL FORBEAR FROM CONSUMING MORE AMPERAGE THAN THE EXISTING RATING FOR THE HOMESITE, TO AVOID DAMAGE TO CITY'S PROPERTY AND TO THE PROPERTY OF OTHERS. (2) IF THE MOBILEHOME, APPLIANCES AND EQUIPMENT IN THE MOBILEHOME ARE NOT COMPATIBLE WITH THE ELECTRIC SERVICE AND CAPACITY NOW AVAILABLE OR EXCEEDS AVAILABLE SUPPLY AT THE PEDESTAL, RESIDENT SHALL "DE -AMP" (REDUCE THE RATING FOR) THE .MOBILEHOME OR DISCONTINUE EXCESS DEMAND TO ENSURE AGAINST ANY OVERLOADING OR CAUSING ANY DISRUPTION IN SERVICE. CITY SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO RESIDENT IF THE AVAILABLE ELECTRICAL SUPPLY IS INSUFFICIENT OR INCOMPATIBLE. RESIDENT IS EXPRESSLY LIABLE FOR SERVICE DISRUPTIONS CAUSED BY EXCESSIVE DEMANDS ON THE ELECTRICAL SYSTEM WHICH SHALL FURTHER BE DEEMED A DEFAULT AND BREACH OF THE RESIDENT'S OBLIGATIONS UNDER THIS AGREEMENT. (3) PLEASE READ CAREFULLY! FROM TIME TO TIME, THE SERVING PUBLIC UTILITY WILL SUFFER OR CAUSE POWER FLUCTUATIONS, OUTAGES AND SURGES TO THE PREMISES. SUCH VARIANCES MAYBE CAUSED BY MANY FACTORS: storms. wind, heat, ice, and climate factors are common causes. Additionally, high power demand during heat waves and other times of unusually high demand may overburden MARINAPARK RULES AND REGULATIONS Page 4 electric cables, transformers, and other electrical equipment of the, utility supplier. CAUTION: INTERMITTENT POWER INTERRUPTIONS ARE FOLLOWED BY RESTORATION OF ELECTRICITY WHICH MAY CAUSE SURGES IN ELECTRICAL POWER: POWER SURGES. OFTEN AFFECT UNPROTECTED CONSUMER HOUSEHOLD APPLIANCES SUCH AS ELECTRONIC EQUIPMENT (COMPUTERS, STEREOS, RADIOS, ETC.). THE CITY IS NOT RESPONSIBLE FOR THE DISRUPTIONS, OUTAGES, SURGES, OR OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE PREMISES WHICH ARE CAUSED BY UTILITY SUPPLIER. RESIDENT AGREES THAT CITY IS FULLY AND UNCONDITIONALLY RELEASED AND DISCHARGED FROM ANY AND ALL LIABILITY WHICH ARISES ASA RESULT OF THE ACTS AND OMISSIONOF THE UTILITY SUPPLIER. IT IS THE RESPONSIBILITY OF THE RESIDENT, EXCLUSIVELY, TO EXERCISE PRUDENT CARE FOR PROPERTY WHICH MAY BE AFFECTED BY DISRUPTIONS, OUTAGES, SURGES, OR OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE PREMISES. ACCORDINGLY, RESIDENT HAS THE RESPONSIBILITY TO TAKE THE FOLLOWING PRECAUTIONS: E. Resident has the responsibility, always, TO USE SURGE PROTECTORS FOR THE PROTECTION OF RESIDENT'S PROPERTY, especially for computer equipment, stereo equipment, radios and other electrical appliances, devices and products which may be affected by disruptions, outages, surges, or other irregularities in the provision of electrical service. Unplug heat -producing items such as irons or portable heaters to prevent a fire when power is restored. F. Turn off and unplug all appliances and other electrical equipment, except for a single light bulb, which will be the signal your power has-been restored. This helps ensure against circuit overloading, which could delay restoration of service. G. In the event of an outage, do not use candles for lighting during an outage, since they create a fire hazard. Use flashlights or battery -powered lanterns instead. H. Check the neighborhood to see if others have their power. If they do, the problem may be a "tripped" circuit breaker. 1. IT IS RECOMMENDED THAT RESIDENT OBTAIN A HOMEOWNER'S INSURANCE POLICY TO COVER DAMAGE, LOSS AND LIABILITY ASSOCIATED WITH THE DISRUPTIONS, OUTAGES, SURGES, OR OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE PREMISES AND OTHER RISKS. J. With respect to the provision of any services or facilities (including utilities) to homeowner, any prevention, delay, or stoppage due to strikes, walkouts, or other labor disputes, acts of God, inability to maintain labor or materials or reasonable substitutes for them, governmental restrictions, regulations or controls, judicial orders, fire/flood or other natural disaster or casualty, breakage, repairs, and other causes beyond City's reasonable control, will excuse performance of these obligations for a time period equal to the delay. Resident will remain responsible, without abatement or reduction, for the rent, utilities, and other charges to be paid -per the terms of this Agreement. City will use reasonable efforts to reinstate or repair any services or facilities, including utilities, which have been interrupted as set forth hereinabove. If Resident feels that City is not using reasonable efforts to reinstate such services or facilities, Residents shall mediate the matter pursuant to the agreement or paragraph contained herein entitled "mediation and reference of disputes" if and only if Residents have consented to that provision or desire to do so by mutual agreement (at the time the dispute arises) which provides for an alternate dispute resolution procedure of such dispute. City will not be liable under any circumstances for loss of or injury to property, however occurring through or in connection with or incidental to the failure to furnish any services of facilities (including utilities). K. Air Conditioners. Electric air conditioning units are prohibited due to limitations upon the acceptable loads to the electrical facilities within the Park; therefore, only gas air conditioning units and evaporative coolers are permitted. Pre-existing units in place on service of these rules and regulations are permitted as a prior non -conforming use. Prior to the installation of or replacement of any air conditioning unit, Resident must obtain written approval from City before installation contingent on acceptable type, size, and location; (b) existing amperage capacity; and, (c) units must be energy efficient and to be wired directly into home's electrical system. In addition, any air conditioner installed in a mobilehome must be in good operating and must not make excessive noise that will be disturbing to any other resident. Condensation accumulation from any air conditioner must be piped away from the mobilehome and not be allowed to fall onto the ground beneath the mobilehome. MARINAPARK RULES AND REGULATIONS Page 5 L. • Porches and Patios. Porches and patios are required and must be constructed under permit and meet the appropriate governmental building codes. Porches must be of an approved material matching the exterior material of the mobilehome. M. Steps All steps must be of good manufactured quality and sidefaced to match the mobilehomes exterior. Steps must have approved handrails, as required by law. The temporary steps'provided by the mobilehome dealer must be removed from the homesite no later than sixty (60) days from the date the mobilehome is moved into the Park. N. Skirting and Awnings. Skirtings and awnings are required on all mobilehomes. All textured materials and color must coordinate with the mobilehome All awnings must be painted or be of anodized aluminum or steel and must be of an approved manufactured type. Skirting may be of Alcan, — ""masonry or other approved material, which matches the siding of the mobilehome. O. Siding. All mobilehomes must have exterior siding that is either Alcan, painted or stained wood, masonite, or horizontal, house -type siding. All colors must be approved by Park Management P. Roofing. All roofing materials on carports and storage sheds, as well as replacement roofs on mobilehomes, must be non -glare aluminum, composition asphalt shingles or tile. Q. Rain Gutters. All mobilehomes must be fitted with rain gutters and with down spouts which extend to the ground and drain water to the street. R. Free Standing Structures Prohibited. No free standing structures are permitted on or near the homesite, including but not limited to a storage buildings S. Fences No new fence may be erected on Resident's homesite. T. Antennas. No exterior antennas are allowed unless prior written approval is -obtained from Park Management."Antennas" includes Satellite dishes, microwave dishes and devices, HAM radio or other radio antenna, and any device attached or placed in any location on the space. The placement on a manufactured home or leased homesite of a dish designed to receive broadcast satellite service or other video programming services (referred to as a "satellite dish") is permitted if the dish is one meter diameter (39 inches) or less as follows: such a satellite dish or a television antenna must be located to the rear of the space and attached to the rear or side of the home, so as to be minimally visible from the street without unreasonable degradation of reception. An antenna or dish shall be painted to blend with its surroundings, and attractively shielded from view with landscaping to the extent feasible. In all instances, the satellite dish must be securely affixed and placed in a manner that will not constitute a hazard. Satellite dishes larger than one meter in diameter are prohibited. Height as per FCC guidelines shall prevail. Residents are strongly urged to rely on indoor antennas, cable or master antenna distribution rather than install visible outdoor antennas. Residents are advised before spending money on an a satellite dish antenna that such an antenna may later be 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, unless authorization is given by Park Management, remove any plants upon Resident vacating the Park. (4) Park Management expressly prohibits the use of any manures or- odorous chemical fertilizers. (5) Waterfalls, statuary and other forms of decor are prohibited. (6) Some form of planted ground cover, acceptable by Park Management, is required. (7) Wood bark and chips are permitted with an underlining of black plastic for weed control. '(8) To avoid damage to underground utilities, Resident must have Park Management's consent before digging or driving rods or stakes into the ground. Resident shall bear the cost of repairs to any utilities or Park property damaged by Resident. (9) The existing drainage pattern and grading of the homesite may not be changed without Park Management's consent. Resident is responsible for maintaining the homesite so that water does not accumulate or stand under the mobilehome or on the Homesite. Water on the homesite is required to drain off the homesite in a fashion as to avoid runoff onto another mobilehome space. Resident shall ensure the skirting attached to the mobilehome is not extended into the grade which would cause moisture or water to accumulate under the mobilehome. All watering systems shall be installed, maintained and adjusted as necessary to avoid water run-off and standing water on the premises. Any berms on the space shall be installed and maintained to avoid the accumulation of water on the space or under the mobilehome. Any masonry skirting for a mobilehome must contain sufficient openings as to prevent accumulation of water on the space or under the mobilehome. (10) Resident warrants to maintain the mobilehome and areas under the mobilehome and space free of and from mold. Resident is also responsible for mold cleanup. The mobilehome should be inspected by a competent home inspection contractor periodically. It is imperative to treat and remove all molds as if they're potentially harmful. Regardless of the type of mold found, a home containing mold is not essentially a healthy home. Among the conditions to be checked should be presence of any mold in or about the mobilehome. The following are sources of indoor moisture that may cause problems: flooding, backed -up sewers, leaky roofs, humidifiers, mud or ice dams, damp crawl spaces, constant plumbing leaks, house plants — watering can generate large amounts of moisture, steam from cooking, shower/bath steam and leaks, wet clothes on indoor drying lines, clothes dryers vented indoors, combustion appliances (e.g. stoves) not exhausted to the outdoors D. All landscaping, including, but not limited to, shrubs, vines, bushes and lawns, shall be well maintained. Such maintenance shall include, but not be limited to: (1) The frequent, at least once each week, mowing of any lawns. (2) Homesite shall be kept free of weeds and debris at all times. (3) The trimming of all shrubs, vines and bushes in a manner that maintains an attractive shape and prevents such plants from blocking a neighbor's view or from being excessively high or brushing against a neighbor's mobilehome or awning. (4) No landscaping which is higher than three feet is permitted. The trimming and maintenance of all trees and shrubs in a manner that prevents them from developing a root structure that causes cracking or buckling or otherwise interferes with the streets, driveways or other community facilities and from becoming a .specific hazard or health and safety violation. "Specific hazard" is defined as a clear and present danger of bodily injury or property damage. Resident represents that there are no specific hazards or health and safety violations which result from the condition of any tree on or partially on or over the homesite as of the date of the delivery of these rules and regulations; Resident will provide a separate written statement attached to the rules and regulations if the foregoing material representation by the Resident is not correct. No new trees may be planted. (5) Resident may not remove trees from the homesite without management's written consent. (6) When vacationing or absent for any other reason, it is the responsibility of the Resident to arrange for someone to water and to maintain the homesite. 8. GENERAL MAINTENANCE OF HOMESITE. A. Storage. Storage of anything beneath, behind or on the outside of a mobilehome or a recreational vehicle is prohibited. This includes, but is not limited to, storage of boxes, trunks, wood, pipe, bottles, garden tools, mops, ladders, paint cans or any item which is unsightly in appearance. (1) only outdoor patio furniture and barbecues approved for use by Park Management (such approval shall not be unreasonably withheld) may be used on the patio, porch, yard or other portions of MARINAPARK RULES AND REGULATIONS Page 7 the homesite. (2) No towels, rugs, wearing apparel or laundry of any description may be hung outside of the mobilehome or.recreational vehicle at anytime. No aluminum foil, sheets, blankets, plywood, paneling, newspaper, shopping bags, paper material, paint or other material not designed as a window covering, shade or screen may be used as insulation on windows or as window coverings in any location in or on the mobilehome. B. Dangerous Materials. Anything which creates a threat to health and safety shall not be permitted on the -homesite. No flammable, combustible, or explosive fluid, material, chemical or substances (except those customarily used for normal household purposes which shall be properly stored within the mobilehome and/or storage building) may be stored on the homesite and then only in quantities reasonably necessary for normal household purposes. C. Concrete. All concrete, asphalt and other surfaces shall be kept clean and maintained free of oil and all other sticky or oily substances. D. Exterior Painting. The exterior paint on Resident's mobilehome, accessory structures and equipment shall be properly maintained. Proper maintenance shall include, but not be limited to, the repainting of the exterior whenever the paint begins to fade, peel, flake, chip or deteriorate in any other manner that detracts from the aesthetic beauty of the Park. Written approval must be obtained from Park Management prior to any painting. Any change in color requires advance approval of Park Management. E. Damage: If any portion of the exterior of the mobilehome or any accessory equipment, structures, or appliances or the homesite are damaged, the damage must be repaired or replaced within thirty (30) days. This includes, but is not limited to, damage to the siding, awning supports, downspouts, skirting, porch or storage shed. If a Resident's mobilehome has not been repaired, reconstructed, or restored within a reasonable time after work has been commenced on it, the Resident shall remove the mobilehome from the Park at his expense. If the Resident fails to do so within ten (10) days after Park Management gives him written notice to remove the mobilehome, the actual cost of such removal shall be immediately due and payable to Park Management. Upon such removal, the Agreement under which Resident occupies the homesite shall terminate, unless Resident gives Park Management sixty (60) days' written notice. In the interim, Resident shall continue to be bound to perform all his promises and obligations under this Agreement. F. Utility Pedestals. The utility pedestals (water and utility hookups) must be accessible at all times. If one of the Park's water shut-off valves is located on Resident's homesite, it must be kept uncovered and accessible at all times. Resident shall not connect, except through existing electrical or natural gas outlets or water pipes on the homesite, any apparatus or device for the purposes of using electric current, natural gas or water. G. Licenses. All mobilehomes and recreational vehicles within the Park must bear a current license and decal issued by the appropriate agency of the State of California. H. Advertisements. All exterior advertising flags, including, but not limited to, for sale signs, open house signs and garage sale signs, are prohibited. However, Resident may place a sign in the window of the mobilehome, on the side of the mobilehome or in front of the mobilehome facing the street stating that the mobilehome is for sale or exchange. Such sign shall not exceed twenty-four inches (24") in width and thirty-six inches (36") in height, and such sign shall state only the name, address and telephone number of the City of the mobilehome or Resident's agent. 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 hazardous to be placed on any surface area in the Park. Resident shall not allow such substances to be disposed of anywhere in the Park, including, but not limited to, trash cans, trash bins, surface areas, the sewage disposal system, or any other trash or garbage or disposal area in the Park. Such substances must be physically removed from the Park and disposed of elsewhere in compliance with law. In addition to other remedies allowed by law, Resident shall indemnify, defend and hold the Park harmless for any such environmentally hazardous activity including any compensatory damages, statutory damages, punitive damages, or attorney's fees sustained by the Park as a result of Resident acts or omission. Resident shall also be required to reimburse the Park for any actual attorney's fees, litigation expenses, and costs incurred in defending any action against the Park as a result of any environmentally hazardous activity in the Park. (3) Lids on the disposal bins are to be kept closed. At no time must bins be so loaded with landscaping and pruning matter or other materials as to render the disposal of garbage impossible by other Residents. (4)'Materials must not be left outside of the bins. Bringing trash from outside the Park to dump in the Park's disposal bins is not permitted. (5) Trash will be picked up periodically by the local refuse hauler. 9. ENTRY UPON RESIDENT'S HOMESITE. Management shall have a right of entry upon the homesite for maintenance and inspection of utilities, for maintenance and inspection of the homesite to ensure compliance with the rules and regulations or where the Resident fails to maintain the homesite in accordance with the Rules and Regulations, and for the protection of the Park at any reasonable time. Management will not do so in a manner or at a time which would interfere with the occupant's quiet enjoyment. Park Management may enter a mobilehome without the prior written consent of Resident in the case of an emergency or when Resident has abandoned the mobilehome. 10. PARKING. A. Only two (2) passenger cars may be parked on the driveway portion, if provided, of Tenant's homesite and not on any other location of the homesite. Parking is limited to the areas designated for the homesite only. The parking of more than one (1) passenger car requires special written permission of Park Management. Any vehicle parked in Resident's driveway may not extend beyond the front of the Resident's mobilehome. IMPORTANT NOTICE: All required "No Parking" Signs authorizing the towing of vehicles parked in violation of the rules and regulations are posted. In the event a vehicle in the park is parked in violation of these rules and regulations, management may tow the vehicle out of the Park at the vehicle owner's expense. Management is permitted to do so in accordance with the California Vehicle Code without further/additional warning or notice to the vehicle owner. You are especially cautioned to carefully review all bold print provisions of the parking regulations set forth below. B. Each homesite is assigned designated parking spaces for the parking of Resident's passenger vehicles. All vehicles defined as "other vehicles" (or passenger cars in excess of two (2) in number) must be parked outside of the Park. (1) The term "passenger cars" specifically includes those vehicles commonly referred to as sports cars, coupes, sedans, and station wagons and specifically excludes vehicles included within the definition of "other vehicles". (2) The term "other vehicles" includes pickup trucks over one (1) ton, campers, vans, buses, trucks and other commercial vehicles .of every kind and description, boats, trailers (except •the mobilehome occupied by Resident), dune buggies, motor scooters, minibikes mopeds and other two and three wheeled motorized or self-propelled transportation. Any truck which is more than one ton, inclusive of, without limitation, step vans, semi -tractors, tow trucks and stake -bed trucks, may not be operated on community streets, nor therefore permitted at the homesite. (3) If used by Resident on a daily basis, a pickup truck or van may, however, be substituted for one of the two (2) permitted passenger cars, and the truck may be equipped with a camper body or shell. The pickup truck or van may not, without Park.Management's•consent, be substituted for one of the two passenger cars if it is equipped with exterior racks, storage containers or compartments or other similar devices or contains tools or equipment which are mounted on the outside of the vehicle or MARINAPARK RULES AND REGULATIONS Page 9 are otherwise visible from the street or adjacent mobilehomes. . (4) Notwithstanding anything contained herein to the .contrary, one (1) motorcycle may be parked on Resident's homesite if used by Resident on a daily basis. The permission to park a motorcycle does not relieve Resident of the obligation to abide by all other rules and regulations relating to motorcycles. C. Vehicles parked on Resident's homesite may only be parked on the driveway, and not on the landscaped or other areas of the homesite. Parking is not permitted on vacant homesites. D. Two guest passes per space will be issued to allow guest parking. The pass must be displayed and be visible by attaching it to the rear view mirror. Guests may only park in designated guest parking spaces or on the host Resident's homesite. Because of the limited parking facilities, traffic congestion and noise, Park Management reserves the right to restrict the number of guests bringing automobiles or other vehicles into the Park. E. Resident may not park in spaces designated for guests without Park Management's approval. F. Unless otherwise posted or permitted by these Rules. and Regulations, no parking is permitted on the streets of the Park, except that with prior written approval of Park Management, parking on the street may be permitted for up to 48 hours on the street only in front of Resident's mobilehome for the purpose of loading and unloading only. G. No automobile may be "stored" on the homesite. "Storage" shall include, but not be limited to, the parking of an inoperative vehicle for a period exceeding two (2) weeks, the parking of an operative vehicle that is not used for a period exceeding four (4) weeks or the parking of more than one vehicle for the purpose of selling those vehicles as part of a commercial activity. However, Residents may leave their vehicle in their parking space when on vacation. H. No permanent parking of trailers, trucks larger than one (1) ton or boats is permitted in the driveways. Permanent parking shall include, but not be -limited to, parking for a period exceeding twenty-four hours (24 hrs.) or parking on the homesite or street more than five (5) times in any one month, except for short periods (I hour) for loading and unloading. 11. MOTOR VEHICLES AND BICYCLES. 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 clean in appearance. This includes, but is not limited to, vehicles whose exterior appearance has deteriorated to a point where they are unsightly and detract from the appearance of the Park, or vehicles which contain unsightly loads that are visible to other persons. 12. CONDUCT. A. Actions by any person of any nature which may be dangerous, injurious, a nuisance, waste, criminal activity such as trespassing, assault, battery, stalking, invasions of privacy, burglary, robbery, inflicting distress, breach of quiet enjoyment, disturbing, molesting, annoying, conduct which is obscene, conduct offensive to the senses or other tenants, profane, tortious, damaging, illegal (a violation of any law, ordinance, regulation or statute), indecent, or which may create a health and safety risk or unreasonable interference with the rights and privileges of others in the park is prohibited. This includes, but is not limited to, any unusual, 'disturbing or excessive noise, -intoxication, quarreling, threatening, fighting immoral or illegal conduct, profanity, or rude, boisterous, objectionable or abusive language or conduct. The use or display of any weapon, including but not limited to, a bow and arrow, BB guns, slingshots, martial arts weapons, guns, 'paint guns, knives, fireworks; flares, other deadly weapons are prohibited. Persons under the influence of alcohol or any other substance shall not be permitted in any area of the Park which is generally open to Residents and their Guests. B. Radios, televisions, record players, musical instruments and other devices must be used so as not to disturb others. "Ham" or "CB" radios or other radio transmitters may not be operated in the Park. C. Residents and their guests shall not encroach or trespass on any other resident's homesite or upon any area which is not -open for general use by residents and their guests. All Park property -which is not for the use of residents and their guests, including,, but not limited to, gas, electric, water and sewer connections and other equipment connected with utility services and tools and equipment of Park Management, shall not be used, tampered with or interfered with in any way by Resident. D. Except for barbecues approved for use by Park Management or fireplaces and other appliances installed in Resident's mobilehome, no fires are permitted. E. Residents and their guests rust be quiet and orderly and shall not be allowed to do anything which might be cause for complaint. Residents must acquaint all guests and all occupants of the mobilehome with the Park's Rules and Regulations. Residents are required to comply with California law, including state penal code provisions regarding health and safety of children and other minors over whom there is parental or custodial responsibility. F. The homesite shall be used only as a site to locate, maintain and occupy a -mobilehome for private residential purposes. No business or commercial activity of any nature shall be conducted on the Homesite. This prohibition applies to any commercial or business activity, including, but not limited to, the following: (1) Any activity requiring the issuance of a business license or permit by any governmental agency. Any and all commercial or business activity is prohibited, including, but not limited to, the following: any activity requiring the issuance of a business license or permit by any governmental agency, any manufacturing or processing requiring the use of power tools, chemicals, spray paints, machining, adhesives, or which creates noise, emits light, odors, flumes, smoke or any particulate matter, requires pressurized vessels of any kind, utilizes any flammable, poisonous or hazardous substance, which increases or results in any additional traffic in the park, or increases or may increase or create dust, noise, or any odors or fumes, requires waste disposal other than ordinary household waste disposal and volume, creates emissions of any kind which are reasonably objectionable to others, or any acts, conduct, or activity which is inconsistent with park zoning and conditional use permits, or which may affect insurability of the park, available coverage, increase the •cost of insurance, or expose the management to liability, claims, demands, costs, or suits from any third party including any governmental or other entity, agency, or organization. (2) The leasing, subleasing (except as further provided herein), sale or exchange of mobilehomes. G. The violation of any law or ordinance of the city, county, state or federal government will not be tolerated. No acts or demeanor shall be permitted which would place the Park Management in violation of any law or ordinance. Resident is also financially responsible for insuring at all times that the mobilehome, homesite, and improvements thereon comply with these Rules and Regulations and all MARINAPARK RULES AND REGULATIONS Page 11 local, state and federal laws and regulations (the only exception is any of the Park's utility systems on your space which are owned by us or a utility company so we or they are responsible for them). The preceding includes, without limitation, such things as insuring that all required setbacks are met and there are no encroachments as based on established use; that all building code and other similar requirements are met; and that all building and other permits have been obtained. If any landscaping on the homesite, including as planted by a former resident, causes any damage whatsoever to the streets, curbs and gutters, driveways, utilities or any other property or improvements belonging to either the Park or any of its residents, you are financially responsible for immediately removing the landscaping and paying the full cost of repairing or replacing the damaged property or other improvement. 13. COMMON FACILITIES. A. Common areas are provided for the exclusive use of residents and their accompanying guests. The restroom and shower facility is accessible to tenants with issued key. B. No drinking of alcoholic beverages is allowed in any common area. C. Screaming, running, horseplay and loud noises are not allowed in the common areas. 14. LAUNDRY FACILITIES: Laundry hours are posted. The laundry room is accessible to tenants with issued key. These facilities will be closed from time to time at Park management's discretion for cleaning and repairs. Washers, dryers, and all other laundry facilities are to be cleaned by Resident, inside and out, immediately after use. Clothes are to be removed from dryers as -soon as they are -dry. Dyeing may not be done in the washers. The laundry is to be •left in a clean, neat and orderly condition. Pet laundry may not be done in the washers. Those rules and regulations should also be carefully read and understood. A. Residents are required to: (1) mop up spilled water, spilled soap, bleach or other ingredients; (2) report any malfunction of machines to Management as soon as possible; (3) not leave clothes in laundry room overnight; (4) clean washing machines after use, remove lint from filters of dryers; and (5) observe the rules adopted for the laundry room as they are incorporated herein and •made part of these Rules and Regulations. However, rules may be amended at the .discretion of Management, upon applicable notice. B. Due to the risk of injury to small children posed by limbs getting caught in moving machinery, the Consumer Safety Commission has recommended keeping small children away from laundry dryers ("These injuries are serious and at least 21 of the injuries have involved children. Four children and one adult experienced the amputation of an arm. Other injuries have included 1 hand amputation, 2 finger amputations, 20 fractured arms, 1 fractured finger, and finger/hand bruises and lacerations... -Traumatic injury may result if a person's hand or arm is caught in a spinning laundry load. -Never Open Door While Machine is Operating -Keep Children Away -Report Unsafe Machines" U.S. CONSUMER PRODUCT .SAFETY COMMISSION, WASHINGTON, D.C. 20207, CPSC DOC #5106) For these reason, small children should not be permitted in the laundry room'without the immediate supervision of an adult Tenant. 16. PETS. Tenants are subject to the following rules: Advance written consent to keep a house pet in the Park must be obtained from management. A house pet is defined as a pet that spends its primary existence within the mobilehome. Management reserves the right to deny a pet if a proposed pet would pose a threat to the health and safety of residents of the Park. No more than one (1) petis allowed per mobilehome. A. The types of pet permitted are: dogs, cats, small birds, fish and other pets which can be kept in an aquarium kept in the mobilehome at all times. Only medium-sized cats and dogs (which at maturity do not exceed eighteen inches (18") in height, when measured at the shoulders when in a standing position) or 25 pounds in weight, are permitted. Aggressive breeds of dogs (including, but not limited to, pit bulls, rottweilers, doberman pinschers, whether full bred or in any part) are expressly prohibited. B. Non -house pets (including farm animals) are prohibited under any circumstances. Illegal, dangerous, poisonous, wild pets are not permitted. MARINAPARK RULES AND REGULATIONS Page 12 C. After moving into the Park, a pet may not be acquired without written permission from the management. Management must approve all pets before application to rent is accepted. D. If a. pet is lost or dies, written permission to acquire a new pet must be obtained from management. E. If any of the rules regarding pets is violated, and such violation is noted by management or a valid complaint is made by another Resident, the Resident owner of the pet will receive an official notice in writing stating that the right to keep a pet within the Park is terminated. F. The following rules must be strictly followed by all pet owners: 1. Each pet must be licensed and inoculated in accordance with local law. Evidence of licensing and inoculation as well as a picture of each pet shall be submitted to Park Management within seven (7) days of receipt of written request for such information. 2. Pets must be on a leash when not inside the mobilehome. 3. Any pet running loose in the Park will be taken to Animal Control. Recurring violations of this rule will lead to the loss of the privilege to maintain a pet. 4. Pets will not be allowed to cause any disturbance which might annoy neighbors, including, but not limited to, barking, growling, biting or any other unusual noises or damage. Under no condition is a pet to invade the privacy of anyone's homesite, flower beds, shrubs, etc. 5. Pets are not permitted to be walked in the Park and should be taken off the premises when exercising. If Resident's pet is allowed to exercise in Resident's yard or elsewhere, all excrement must be picked,up, wrapped in paper and -.placed in the trash immediately. 6. No exterior pet housing is permitted in the Park. This includes, but is not limited to, any type of confining barricade or structure such as a cage, kennel, restraint or other device or housing. 7. Guests are not permitted to bring any pet into the Park. 8. Feeding of stray cats and other animals is prohibited. Keeping any food outside the mobilehome may attract strays and rodents and is therefore considered a nuisance and prohibited. 9. The tying up of pets outside the mobilehome and leaving them unattended is prohibited. 10. If any pet causes any disturbance, annoyance or harm, injury or damage, or attempted or threatened injury, distress, endangerment or damage, or annoyance or disturbance, including without limitation, attacking, barking, growling, howling, lunging, threatening, biting, or any disturbing, annoying, or unusual noises, permission to keep that pet will be revoked and the Resident may be required to remove and relocate the pet from the homesite and from the community within a period of seven (7) days as provided to Resident in a written notice to be served on Resident in such event. Failure to comply with management's demand for removal/relocation of the revoked pet is a rule and regulation violation and shall constitute grounds for service of a seven (7) day notice to comply with such demand. 17. ZONING AND CONDITIONAL USE PERMIT INFORMATION. A. The nature of the zoning under which the Park operates is as follows: . B. The date of expiration or renewal of any conditional use or other permits required to operate the Park which are subject to expiration or renewal is as follows: The Park is not operating pursuant to a conditional use permit which has an expiration date. 18. FIXTURES. All landscaping and structures or other improvements permanently attached to or embedded in the ground shall become a part of the realty upon their installation and belong to City. Upon Resident vacating the homesite, such improvements shall remain upon and be surrendered with the homesite. Park Management may, however, at its sole option, permit or require Resident to remove, at Resident's own expense, said improvements. Resident shall repair any damage to the homesite caused by the removal, including, but not limited to, the filling in and leveling of holes or depressions and shall leave the homesite in a neat and uncluttered condition with the Park's original engineered grade intact. MARINAPARK RULES AND REGULATIONS Page 13 19: SOLICITATION. Throw -away newspapers, distribution of handbills and door-to-door selling or solicitation' are not permitted without Park Management's consent. All salespeople must make individual appointments with the Resident concerned or interested. 20. PARK OFFICE AND COMPLAINTS. Except in an emergency, please do not telephone or contact Park Management after normal business hours. The Park's office phone is for business and emergency use only. A. Except for emergencies, all complaints must be in writing and signed by the person making the complaint. B. All community business is conducted during off ice hours, which are posted. C. Resident shall not request maintenance personnel to perform jobs for Resident, nor shall Resident give instructions to maintenance personnel. All repair or maintenance requests shall be submitted in writing to Park Management. 21. REVISIONS OF RULES. City reserves the right to add to, delete, amend, and revise these Rules and Regulations from time to time, as well as additional rules and regulations and hours posted in and about the recreational facilities, as provided in Section 798.25 of the California Civil Code. 22. PARAGRAPH READINGS. The headings and titles of the paragraphs within these Rules and Regulations are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions of said Rules and Regulations. 23. RECOGNITION. Resident acknowledges that the Park is not a "security" community. Resident agrees that City, his employees, and agents have not made an, representations or warrantees to Resident that the Park is secure from theft or other criminal acts which may be perpetrated by any resident of the Park or other persons. Resident agrees that there are variables inherent in a mobilehome investment include risks of obsolescence, changes in demand, location mobilehome maintenance, wear and tear, age, technological advances, interest rates and terms, economic climate and development, neighborhood change, and many other factors beyond City's control. The value of Resident's mobilehome may decline in the future, like any vehicle. City and 'Park do not warrant or represent that Resident's mobilehome will appreciate in value. Resident understands the existence of such investment risk and agrees to accept all risks of economic loss or loss in value to the mobilehome. City and Park do not agree to provide a community which provides other than moderate cost housing opportunities. Resident also recognizes and agrees that the Park has no age restrictions so that there will be large numbers of young children and teenagers living in the Park and engaging in normal activities of children of this age. Therefore, the environment of the Park will be consistent with that of, habitable single-family residential housing development with a similar population makeup. Consequently, City is not obligated to attempt to enforce conditions of tenancy to provide a living environment which is free of noise or the other normal disturbances and activities which would be expected under similar circumstances. Additionally, with regard to the enforcement of the Rules and Regulations and other conditions of tenancy, Resident agrees that it is Resident's responsibility to first attempt to reach a reasonable resolution of any problems or complaints Resident may have with other residents and Homeowners or members of their household before City and Park are asked to take any action. 24. RENTING, SUBLETTING OR ASSIGNMENT. Resident shall not sublease, rent or assign Resident's mobilehome, the homesite or any rights or interest that Resident may have under Resident's rental agreement. A homeowner shall be permitted to rent or sublet if a medical emergency or medical treatment requires the homeowner to be absent from his or her home and this is confirmed in writing by an attending physician or in accordance with the subleasing policy if the management, attached as Exhibit "A." MARINAPARK RULES AND REGULATIONS Page 14 25: LOT USE. Actual and apparent use defines the perimeter of the area of land which Resident expects to use and enjoy. 26. INSPECTION. Resident agrees he/she/they have carefully inspected the homesite you are renting and all of the Park's services, improvements and facilities and have found them to be safe and as represented, either orally or in writing, and accept them as they are. To the extent that Resident has found such services, improvements or facilities not to be safe or not to be as so represented Resident nonetheless agree to accept them as they are and further has found the Park reasonably safe and well - maintained. 27. INDEMNIFICATION. A. City, management and all employees, agents, and representatives thereof will not be liable for any damage, injury, loss, expense, or inconvenience to any person or property caused by any use of the Park or your Space, or by any defects in tiny improvements, or failure of services or amenities, or arising from any other cause, unless resulting from our active negligence or willful misconducts. You agree to release, discharge, indemnify and hold us free and harmless including providing a defense at resident cost from all such injury, damage, loss, expense, or inconvenience for which we are not liable, including the provision of a defense and payment of attorney's fees and expense and costs which relate thereto. This paragraph is not an exculpatory clause of any legally imposed duty of care upon us, or a disclaimer or release of liability to other than the fullest and most complete extent permitted by law, and shall not be otherwise construed or interpreted. B. You agree to indemnify us for all liability, damages, injury, loss, debts, suits, actions, claims, demands, causes of action, judgments, and expenses, including the provision of a defense, attorneys' fees, expenses and costs, resulting from or alleged to have resulted from your negligent, willful, or intentional conduct, or the condition or the maintenance, or lack thereof, of your mobilehome, homesite, vehicle(s), equipment, accessory structures, property, improvements, or all of them, prior to the termination of the rental agreement or lease. 28. MATERIAL WHICH WILL NOT DISSOLVE IN THE SEWER SYSTEM. Material which will not dissolve in the sewer system, such as facial tissue, paper towels, sanitary napkins, or dryer sheets MUST NOT BE FLUSHED DOWN THE TOILETS. Resident shall be responsible to clear that portion of the sewer line which leads from the mobilehome to the main common line of any clog, stoppage, disruption or failure caused by the acts or omission of the Resident, based on the placement of any improper matter into the sewer system. If resident fails or refuses to do so and Management takes such action and discovers the presence of improper matter or other abuse of the sewer system, the cost of the management in order to clear and restore proper function thereof shall be added as further monthly rent on the first of the month following the completion of the work. Management shall further have the option of seeking collection of the charges as a debt. 29. EMERGENCY GAS DISTRIBUTION INFORMATION. The emergency procedure for gas leaks or other safety hazards in the gas distribution system is located in the park office. This information is also posted in the park office. Gas Company Telephone Number: /-ky- 11Zq-2Z06 Fire Department: 911; Park Manager: 949 723 0206. 30. OPTIONAL MEDIATION OF DISPUTES AND REFERENCE. 31. PROHIBITION AGAINST WASTE, NUISANCE AND UNREASONABLE ANNOYANCE. You may not do anything that will constitute waste, nuisance, unreasonable annoyance, damage, or injury to anyone or their property. You may not permit any act or maintain or permit to be maintained any condition on your Space or Mobilehome which may cause an increase in the rate of insurance we pay or increase our costs of maintenance and repair or in any way increase the risk of damage to the Space, the Park, any person or property. 32. ZERO TOLERANCE POLICY RE CONTROLLED SUBSTANCES. MARINAPARK RULES AND REGULATIONS Page 15 A. - Resident, any member of the Resident's household, or a guest or other person under the Resident's control shall not engage in criminal activity, including drug -related criminal activity, on or near property premises. "Drug -related criminal activity" means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802). Resident, any member of the Resident's household, or a guest or other person under the Resident's control shall not engage in any act intended to facilitate criminal activity, including drug -related criminal activity, on or near property premises. Resident or members of the household will not permit the dwelling unit to be used for or to facilitate, criminal activity, including drug -related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest. Resident or members of the household will not engage in the manufacture, sale, or distribution of illegal drugs at any location, whether on or near property premises. Resident, any member of the Resident'S household, or a guest or other person under the Resident'S control shall not engage in acts of violence or threats of violence, including, but not limited to, the unlawful discharge of firearms, on or near property premises., B. ANY VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this addendum shall be deemed a serious violation and a material noncompliance with the lease. It is understood and agreed that a single violation shall be good cause for termination of the rental agreement and rules and regulations. Failure to comply with this provision is considered a material, non -curable breach of the lease and will result in a Notice to Quit being served upon Resident requiring that Resident, every member of Resident's household, or a guest or other person(s) under Resident's control shall vacate said premises on proper notice, all in accordance with California law. California law provides for an extraordinary remedy to remedy to regain possession when illegal activity is being carried out on or near the premises which constitutes a public or private nuisance. 33. REMEDIES. Injunctive relief may be sought without proof of irreparable harm or lack of an adequate legal remedy in the event of a violation of these rules and regulations. A violation of these rules and regulations raises a conclusive presumption of irreparable harm and lack of adequate legal remedy and proof thereof is agreed to be unnecessary. 34. REMOVAL OF MOBILEHOME ON SALE. 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 fenant for tenancy, or otherwise affect the rights of management. Possession of rent by the resident manager shall not be acceptance until actually approved by the City; accordingly, the receipt by or the tender of payment to the resident park manager shall be conditional and for custody purposes only until approved and accepted by the City. C. Park may exercise any right under the terms of the rental agreement or lease, or these rules and regulations as amended or modified or any other right of the management under applicable law, and do so at any time subsequent to the date such right became effective hereunder, and do so retroactively to the date the right initially became effective or enforceable and demand performance from such inception through to and including the date of the demand and thereafter; any such delay, forbearance, whether intentional or inadvertent in enforcing any such right shall not be construed as a waiver, release or. acquittal, accord and satisfaction, settlement in whole or part; shall not constitute an estoppel, or laches; and, shall not render any such right unenforceable or be a defense against enforcement of such rights from the time such right could first be exercised and thereafter. 36. EXECUTION: YOU AND THE OTHER MEMBERS OF YOUR HOUSEHOLD ALSO AGREE THAT THESE RULES AND REGULATIONS MAY BE MODIFIED TO ADD OR SUBTRACT PROVISIONS OR MODIFY EXISTING PROVISIONS IN ACCORDANCE WITH CALIFORNIA CIVIL CODE SECTION, 798, AND SUBSEQUENT SECTIONS. IT IS MUTUALLY AGREED THAT ANY CONTRACT OR TORT CLAIM, DISPUTE OR ACTION, INCLUDING ANY VIOLATION OF ANY LAW OR REGULATION, SHALL BE JUDGED BY A SINGLE NEUTRAL JUDGE, AND THAT EACH PARTY WAIVES THE RIGHT TO JURY TRIAL. THIS PROVISION SHALL APPLY EVEN IN THE EVENT THAT THE PARTIES DO NOT, F(,R 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:_L/ /_ Signature Printed name Signature Printed name Signature Signature Printed name Printed name MARINAPARK RULES AND REGULATIONS Page 17 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 ween Management and each ten and resident individually. Tenant agrees that tenant is not dWird party beneficiary of any ottW agreement between City/Pork _Management and any other tenant or resident in this Park. In other words, this agreement is not for the benefit, enjoyment or protection of any other tenants, residents or guests. Similarly, no other rental agreement and rules and regulations entered into with other tenants in the park are intended for the benefit, enjoyment or protection of Tenant. B. OCCUPANCY RESTRICTIONS. No more than two (2) persons per bedroom plus one (1) additional person per mobilehome, may regularly occupy the mobilehome and the space. All bedrooms in the mobilehome must have an unobstructed exterior window or door large enough to allow an exit in the event of fire or other emergency. A "bedroom" refers to the originally designed sleeping rooms as specified by the manufacturer of the mobilehome and as specified by state law or regulation respecting mobilehome occupancy. For example, rooms without closets, porches, decks and awning or patio enclosures are not bedrooms. Vehicles and storage sheds may not be used for sleeping rooms. 3. PARK PERSONNEL. A. City shall be represented by Park Management, including a Resident Manager, who is vested with all the legal right and authority to enforce the Rules and Regulations. The Resident Manager has no authority to enter into any verbal agreement, understanding, or to make exception, or approve any arrangement inconsistent with the rules and regulations and rental agreement. B. The Resident Manager is not authorized to consent or agree to, nor acquiesce in exceptions, special arrangements, or to waive compliance with the rental agreement or rules and regulations. Park employees are prohibited from receiving any notices, mail, service of process, gratuities, deliveries or packages (in particular mail or parcel post) or other property from anyone for safekeeping, storage or any purpose on behalf of any resident or guest. Resident Manager shall do no work in or around your mobilehome or the premises except as, needed to fulfill park management duties. In the event that resident seeks to have such work done or services performed (beyond the scope of management duties), Resident should seek independent contractors and 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, W, SEXUAL ORIENTATION, HAN AP OR DISABILITY, FAMILIAL STATUS, SOURCE OF INCOW, NATIONAL ORIGIN, ANC ESTRW FOR ARBITRARY REASONS UNDER STATE LAW - DISCRIMINATORY ACTIONS OF THE MANAGEMENT, HOMEOWNERS, RESIDENTS, GUESTS OR OTHERS MAY BE REPORTED TO CITY'S AGENTS, OR THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING. MANAGEMENT WILL NOT AT ANY TIME UNLAWFULLY ADMINISTER, ENFORCE OR EXPRESS ANY PREFERENCE WITH RESPECT TO EXISTING OR PROSPECTIVE RESIDENTS, RESIDENTS, OR GUESTS BASED ON ANY PROTECTED CLASS STATUS AS DEFINED UNDER SUCH LAWS. NO SUCH UNLAWFUL ACTIVITY BY OTHER PERSONS WHETHER RESIDING IN OR DOING BUSINESS IN THE COMMUNITY OR OTHERWISE IS PERMITTED; ANY UNLAWFUL DISCRIMINATION kNOWN OR REASONABLY SUSPECTED MAY BE REPORTED TO APPROPRIATE GOVERNMENT AUTHORITIES FOR PROSECUTION. - B. Any regulations which result in differential treatment based on age merely implement existing law or regulations or health and safety imperatives to avoid risk of injury, danger or harm which can be avoided by reasonable care of parents or adult custodians. Such rules and regulations as contained herein, and other policies of the management expressed in any writings, posted signs, memos, notices or otherwise, have been based on consultation with legal counsel for compliance; in the event that any such policy is ruled or challenged as being or having become unenforceable or void based on legal interpretations, rulings or complaints, management may on receiving notification of the existence of such a dispute, omit, delete or rescind operation thereof without further notice and without inference or implication of fault or wrongdoing. Management will not at any time unlawfully administer, enforce or express any preference with respect to existing or prospective tenants, residents, or guests based on any protected class status as defined under such laws. 5. GUESTS. A. All guests must register with Park Management if they stay with Resident more than a total of twenty (20) consecutive days or a total of thirty (30) days in a calendar year (hereinafter "grace period"). Each guest must complete an application for tenancy, be approved by Park Management and execute all other residency documents before any additional person, other than the ones listed on the last page of the rental agreement, shall be permitted to reside with a resident fora 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 qfiiertain accessory equipment and A&uctures. All such equipment and structures must dWply with all federal, state and localws and ordinances. (2) Prior to commencing a new installation of or a change in accessory equipment and structures or a change in any appliance which is to be connected to the gas, electric or water supply, Resident shall submit for Park Management's approval a written plan describing in detail the accessory equipment and structures which Resident proposes to install or change. (3) Any accessory, equipment or structure not in compliance with the Park's residency documents shall be removed by Resident within ten (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. D. Standards for Accessory Equipment and Structures. Conditions • for specific equipment and structures are as follows: (1) THE PARK HAS A LIMITED ELECTRICAL AMPERAGE CAPACITY. THEREFORE, RESIDENT IS RESPONSIBLE FOR ENSURING THAT RESIDENT'S MOBILEHOME AND APPLIANCES ARE COMPATIBLE WITH THE PARK'S ELECTRICAL SYSTEM. CITY MAY REQUIRE REMOVAL OF ANY APPLIANCES (INCLUDING, BUT NOT LIMITED TO, AIR CONDITIONING UNITS) THAT, IN CITY'S REASONABLE DISCRETION, ADVERSELY AFFECT THE UTILITY SYSTEMS OF THE PARK. RESIDENT IS RESPONSIBLE FOR MAKING SURE THAT THE MOBILEHOME AND ALL APPLIANCES AND EQUIPMENT ARE COMPATIBLE WITH THE ELECTRIC SERVICE NOW AVAILABLE, AND CITY SHALL HAVE 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, sformers, and other electrical egyyiW�ent of the utility supplier. CAUTION: INTERMITTENT WWER INTERRUPTIONS ARE FMLOWED BY RESTORATION OF ELECTRICITY WHICH MAY CAUSE SURGES IN ELECTRICAL POWER. POWER SURGES OFTEN AFFECT UNPROTECTED CONSUMER HOUSEHOLD APPLIANCES SUCH AS ELECTRONIC EQUIPMENT (COMPUTERS, STEREOS, RADIOS, ETC.). THE CITY IS NOT RESPONSIBLE FOR THE DISRUPTIONS, OUTAGES, SURGES, OR OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE PREMISES WHICH ARE CAUSED BY UTILITY SUPPLIER. RESIDENT AGREES THAT CITY IS FULLY AND UNCONDITIONALLY RELEASED AND DISCHARGED FROM ANY AND ALL LIABILITY WHICH ARISES ASA RESULT OF THE ACTS AND OMISSION OF THE UTILITY SUPPLIER. IT IS THE RESPONSIBILITY OF THE RESIDENT, EXCLUSIVELY, TO EXERCISE PRUDENT CARE FOR PROPERTY WHICH MAY BE AFFECTED BY DISRUPTIONS, OUTAGES, SURGES, OR OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE PREMISES. ACCORDINGLY, RESIDENT HAS THE RESPONSIBILITY TO TAKE THE FOLLOWING PRECAUTIONS: E. Resident has the responsibility, always, TO USE SURGE PROTECTORS FOR THE PROTECTION OF RESIDENT'S PROPERTY, especially for computer equipment, stereo equipment, radios and other electrical appliances, devices and products which may be affected by disruptions, outages, surges, or other irregularities in the provision of electrical service. Unplug heat -producing items such as irons or portable heaters to prevent a fire when power is restored. F. Turn off and unplug all appliances and other electrical equipment, except for a single light bulb, which will be the signal your power has been restored. This helps ensure against circuit overloading, which could delay restoration of service. G. 'in the event of an outage, do not use candles for lighting during an outage, since they create a fire hazard. Use flashlights or battery -powered lanterns instead. H. Check the neighborhood to see if others have their power. If they do, the problem may be a "tripped" circuit breaker. I. IT IS RECOMMENDED THAT RESIDENT OBTAIN A HOMEOWNER'S INSURANCE POLICY TO COVER DAMAGE, LOSS AND LIABILITY ASSOCIATED WITH THE DISRUPTIONS, OUTAGES, SURGES, OR OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE PREMISES AND OTHER RISKS. J. With respect to the provision of any services or facilities (including utilities) to homeowner, any prevention, delay, or stoppage due to strikes, walkouts, or other labor disputes, acts of God, inability to maintain labor or materials or reasonable substitutes for them, governmental restrictions, regulations or controls, judicial orders, fire/flood or other natural disaster or casualty, breakage, repairs, and other causes beyond City's reasonable control, will excuse performance of these obligations for a. time period equal to the delay. Resident will remain responsible, without abatement or reduction, for the rent, utilities, and other charges to be paid per the terms of this Agreement. City will use reasonable efforts to reinstate or repair any services or facilities, including utilities, which have been interrupted asset 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. P hes and patios are required and n9t be constructed under permit and meet the appropriate governrWtal building codes. Porches must of an approved material matching the exterior material of the mobilehome. M. Steps All steps must be of good manufactured quality and sidefaced to match the mobilehomes exterior. Steps must have approved handrails, as required by law. The temporary steps provided by the mobilehome dealer must be removed from the homesite no later than sixty (60) days from the date the mobilehome is moved into the Park. N. Skirting and Awnings. Skirtings and awnings are required on all mobilehomes. All textured materials and color must coordinate with the mobilehome All awnings must be painted or be of anodized aluminum or steel and must be of an approved manufactured type. Skirting may be of Alcan, ---masonry or other approved material, which matches the siding of the mobilehome. O. Siding. All mobilehomes must have exterior siding that is either Alcan, painted or stained wood, masonite, or horizontal, house -type siding. All colors must be approved by Park Management P. Roofing. All roofing materials on carports and storage sheds, as well as replacement roofs on mobilehomes, must be non -glare aluminum, composition asphalt shingles or tile. Q. Rain Gutters. All mobilehomes must be fitted with rain gutters and with down spouts which extend to the ground and drain water to the street. R. Free Standing Structures Prohibited. No free standing structures are permitted on or near the homesite, including but not limited to a storage buildings S. Fences No new fence may be erected on Resident's homesite. T. Antennas. No exterior antennas are allowed unless prior written approval is obtained from Park Management."Antennas" includes satellite dishes, microwave dishes and devices, HAM radio or other radio antenna, and any device attached or placed in any location on the space. The placement on a manufactured home or leased homesite of a dish designed to receive broadcast satellite service or other video programming services (referred to as a "satellite dish") is permitted if the dish is one meter diameter (39 inches) or less as follows: such a satellite dish or a television antenna must be located to the rear of the space and attached to the rear or side of the home, so as to be minimally visible from the street without unreasonable degradation of reception. An antenna or dish shall be painted to blend with its surroundings, and' attractively shielded from view with landscaping to the extent feasible. In all instances, the satellite dish must be securely affixed and placed in a manner that will not constitute a hazard. Satellite dishes larger than one meter in diameter are prohibited. Height as per FCC guidelines shall prevail. Residents are strongly urged to rely on indoor antennas, cable or master antenna distribution rather than install visible outdoor antennas. Residents are advised before spending money on an a satellite dish antenna that such an antenna may later be 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 notynless authorization is given by P� Management, remove any plants In upon Resident vacating the c (4) Park Management expressly prohibits the use of any manures or, odorous chemical fertilizers. (5) Waterfalls, statuary and other forms of decor are prohibited. (6) Some form of planted ground cover, acceptable by Park Management, is required. (7) Wood bark and chips are permitted with an underlining of black plastic for weed control. (8) To avoid damage to underground utilities, Resident must have Park Management's consent before digging or driving rods or stakes into the ground. Resident shall bear the cost of repairs to any utilities or Park property damaged by Resident. (9) The existing drainage pattern and grading of the homesite may not be changed without Park Management's consent. Resident is responsible for maintaining the homesite so that water does not accumulate or stand under the mobilehome• or on the Homesite. Water on the homesite is required to drain off the homesite in a fashion as to avoid runoff onto another mobilehome space. Resident shall ensure the skirting attached to the mobilehome is not extended into the grade which would cause moisture or water to accumulate under the mobilehome. All watering systems shall be installed, maintained and adjusted as necessary to avoid water run-off and standing water on the premises. Any berms on the space shall be installed and maintained to avoid the accumulation of water on the space or under the mobilehome. Any masonry skirting for a mobilehome must contain sufficient openings as to prevent accumulation of water on the space or under the mobilehome. (10) Resident warrants -to maintain the mobilehome and areas under the mobilehome and space free of and from mold. Resident is also responsible for mold cleanup. The mobilehome should be inspected by a competent home inspection contractor periodically. It is imperative to treat and remove all molds as if they're potentially harmful. Regardless of the type of mold found, a home containing mold is not essentially a healthy home. Among the conditions to be checked should be presence of any mold in or about the mobilehome. The following are sources of indoor moisture that may cause problems: flooding, backed -up sewers, leaky roofs, humidifiers, mud or ice dams, damp crawl spaces, constant plumbing leaks, house plants — watering can generate large amounts of moisture, steam from cooking, shower/bath steam and leaks, wet clothes on indoor drying lines, clothes dryers vented indoors, combustion appliances (e.g. stoves) not exhausted to the outdoors D. All landscaping, including, but. not limited to, shrubs,• vines, bushes and lawns, shall be well maintained. Such maintenance shall include, but not be limited to: (1) The frequent, at least once each week, mowing of any lawns. (2) Homesite shall be kept free of weeds and debris at all times. (3) The trimming of all shrubs, vines and bushes in a manner that maintains an attractive shape and prevents such plants from blocking a neighbor's view or from being excessively high or brushing against a neighbor's mobilehome or awning. (4) No landscaping which is higher than three feet is permitted. The trimming and maintenance of all trees and shrubs in a manner that prevents them from developing a root structure that causes cracking or buckling or otherwise interferes with the streets, driveways or other community facilities and from becoming a specific hazard or health and safety violation. "Specific hazard" is defined as a clear and present danger of bodily injury or property damage. Resident represents that there are no specific hazards or health and safety violations which result from the condition of any tree on or partially on or over the homesite as of the date of the delivery of these rules and regulations; Resident will provide a separate written statement attached to the rules and regulations if the foregoing material representation by the Resident is not correct. No new trees may be planted. (5) Resident may not remove trees from the homesite without management's written consent. (6) When vacationing or absent for any other reason, it is the responsibility of the Resident to arrange for someone to water and to maintain the homesite. 8. GENERAL MAINTENANCE OF HOMESITE. A. Storage. Storage of anything beneath, behind or on the outside of a mobilehome or a recreational vehicle is prohibited. This includes, but is not limited to, storage of boxes, trunks, wood, pipe, bottles, garden tools, mops, ladders, paint cans or any item which is unsightly in appearance. (1) only outdoor patio furniture and barbecues approved for use by Park Management (such approval shall not be unreasonably withheld) may be used on the patio, porch, yard or other portions of MARINAPARK RULES AND REGULATIONS Page 7 the homesite; (2) No towels, rugs, Aing apparel or laundry of any deseption may be hung outside of the mobilehome or recreational vehicle at anytime. No aluminum foil, sheets, blankets, plywood, paneling, newspaper, shopping bags, paper, material, paint or other material not designed as a window covering, shade or screen may be used as insulation on windows or as window coverings in any location in or on the mobilehome. B. Dangerous Materials. Anything which creates a threat to health and safety shall not be permitted on the -homesite. No flammable, combustible, or explosive fluid, material, chemical or substances (except those customarily used for normal household purposes which shall be properly stored within the mobilehome and/or storage building) may be stored on the homesite and then only in quantities reasonably necessary for normal household purposes. C. Concrete. All concrete, asphalt and other surfaces shall be kept clean and maintained free of oil and all other sticky or oily substances. D. Exterior Painting. The exterior paint on Resident's mobilehome, accessory structures and equipment shall be properly maintained. Proper maintenance shall include; but not be limited to, the repainting of the exterior whenever the paint begins to fade, peel, flake, chip or deteriorate in any other manner that detracts from the aesthetic beauty of the Park. Written approval must be obtained from Park Management prior to any painting. Any change in color requires advance approval of Park Management. E. Damage: If any portion of the exterior of the mobilehome or any accessory equipment, structures, or appliances or the homesite are damaged, the damage must be -repaired or replaced within thirty (30) days. This includes, but is not limited to, damage to the siding, awning supports, downspouts, skirting, porch or storage shed. If a Resident's mobilehome has not been repaired, reconstructed, or restored within a reasonable time after work has been commenced on it, the Resident shall remove the mobilehome from the Park at his expense. If the Resident fails to do so within ten (10) days after Park Management gives him written notice to remove the mobilehome, the actual cost of such removal shall be immediately due and payable to Park Management. Upon such removal, the Agreement under which Resident occupies the homesite shall terminate, unless Resident gives Park Management sixty (60) days' written notice. In the interim, Resident shall continue to be bound to perform all his promises and obligations under this Agreement. F. Utility Pedestals. The utility pedestals (water and utility hookups) must be accessible at all times. If one of the Park's water shut-off valves is located on Resident's homesite, it must be kept uncovered and accessible at all times. Resident shall not connect, except through existing electrical or natural gas outlets or water pipes on the homesite, any apparatus or device for the purposes of using electric current, natural gas or water. G. Licenses. All mobilehomes and recreational vehicles within the Park must bear a current license and decal issued by the appropriate agency of the State of California. H. Advertisements. All exterior advertising flags, including, but not limited to, for sale signs, open house signs and garage sale signs, are prohibited. However, Resident may place a sign in the window of the mobilehome, on the side of the mobilehome or in front of the mobilehome facing the street stating that the mobilehome is for sale or exchange. Such sign shall not exceed twenty-four inches (24") in width and thirty-six inches (36") in height, and such sign shall state only the name, address and telephone number of the City of the mobilehome or Resident's agent. 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 h • rdous to be placed on any surfac ea in the Park. Resident shall not allow such substances to be osed of anywhere in the Park, in�ing, but not limited to, trash cans, trash bins, surface areas, the sewage disposal system, or any other trash or garbage or disposal area in the Park. Such substances must be physically removed from the Park and disposed of elsewhere in compliance with law. In addition to other remedies allowed by law, Resident shall indemnify, defend and hold the Park harmless for any such environmentally hazardous activity including any compensatory damages, statutory damages, punitive damages, or attorney's fees sustained by the Park as a result of Resident acts or omission. Resident shall also be required to reimburse the Park for any actual attorney's fees, litigation expenses, and costs incurred in defending any action against the Park as a result of any environmentally hazardous activity in the Park. (3) Lids on the disposal bins are to be kept closed. At no time must bins be so loaded with landscaping and pruning matter or other materials as to render the disposal of garbage impossible by other Residents. (4) Materials must•not be left outside of the bins. Bringing trash from outside the Park to dump in the Park's disposal bins is not permitted. (5) Trash will be picked up periodically by the local refuse hauler. 9. ENTRY UPON RESIDENT'S HOMESITE. Management shall have a right of entry upon the homesite for maintenance and inspection of utilities, for maintenance and inspection of the homesite to ensure compliance with the rules and regulations or where the -Resident -fails -to maintain the homesite in accordance with the Rules and -Regulations, and for the protection of the Park at any reasonable time. Management will not do so in a manner or at a time which would interfere with the occupant's quiet enjoyment. Park Management may enter a mobilehome without the prior written consent of Resident in the case of an emergency or when Resident has abandoned the mobilehome. 10. PARKING. A. Only two (2) passenger cars may be parked on the driveway portion, if provided, of Tenant's homesite and not on any other location of the homesite. Parking is limited to the areas designated for the homesite only. The parking of more than one (1) passenger car requires special written permission of Park Management. Any vehicle parked in Resident's driveway may not extend beyond the front of the Resident's mobilehome. IMPORTANT NOTICE: All required "No Parking" Signs authorizing the towing of vehicles parked in violation of the rules and regulations are posted. In the event a vehicle in the park is parked in violation of these rules and regulations, management may tow the vehicle out of the Park at the vehicle owner's expense. Management is permitted to do so in accordance with the California Vehicle Code without further/additional warning or notice to the vehicle owner. You are especially cautioned to carefully review all bold print provisions of -the parking regulations set forth below. B. Each homesite is assigned designated parking spaces for the parking of Resident's passenger vehicles. All vehicles defined as "other vehicles" (or passenger cars in excess of two (2) in number) must be parked outside of the Park. (1) The term "passenger cars" specifically includes those vehicles commonly referred to as sports cars, coupes, sedans, and station wagons and specifically excludes vehicles included within the definition of "other vehicles". (2) The term other vehicles includes pickup trucks over one (1) ton, campers, vans, buses, trucks and other commercial vehicles .of every kind and description, boats, trailers (except the mobilehome occupied by Resident), dune buggies, motor scooters, minibikes mopeds and other two and three wheeled motorized or self-propelled transportation. Any truck which is more than one ton, inclusive of, without limitation, step vans, semi -tractors, tow trucks and stake -bed trucks, may not be operated on community streets, nor therefore permitted at the homesite. (3) If used by Resident on a daily basis, a pickup truck or van may, however, be substituted for one of the two (2) permitted passenger cars, and the truck may be equipped with a camper body or shell. The pickup truck or van may not, without Park Management's consent, be substituted for.one of the two passenger cars if it is equipped with exterior racks, storage containers or compartments or other similar devices or contains tools or equipment which are mounted on the outside of the vehicle or MARINAPARK RULES AND REGULATIONS Page 9 are otherwise visible from the et or adjacent mobilehomes. (4) NotwithstandingWything contained herein to the Aary, one (1) motorcycle may be parked on Resident's homesite if used by Resident on a daily basis. The permission to park a motorcycle does not relieve Resident of the obligation to abide by all other rules and regulations relating to'motorcycles. C. Vehicles parked on Resident's homesite may only be parked on the driveway, and not on the landscaped or other areas of the homesite. Parking is not permitted on vacant homesites. D. Two guest passes per space will be issued to allow guest parking. The pass must be displayed and be visible by attaching it to the rear view mirror. Guests may only park in designated guest parking spaces or on the host Resident's homesite. Because of the limited parking facilities, traffic congestion and noise, Park Management reserves the right to restrict the number of guests bringing automobiles or other vehicles into the Park. E. - Resident may not park in spaces designated for guests without Park Management's approval. F. Unless otherwise posted or permitted by these Rules. and Regulations, no parking is permitted on the streets of the Park, except that with prior written approval of Park Management, parking on the street may be permitted for up to 48 hours on the street only in front of Resident's mobilehome for the purpose of loading and unloading only. G. No automobile may be "stored" on the homesite. "Storage" shall include, but not be limited to, the parking of an inoperative vehicle for a period exceeding two (2) weeks, the parking of an operative vehicle that is not used for a period exceeding four (4) weeks or the parking of more than one vehicle for the purpose of selling those vehicles as part of a commercial activity. However, Residents -may leave their vehicle in their parking space when on vacation. H. No permanent parking of trailers, trucks larger than one (1) ton or boats is permitted in the driveways. Permanent parking shall include, but not be -limited to, parking for a period exceeding twenty-four hours (24 hrs.) or parking on the homesite or street more than five (5) times in any one month, except for short periods (I hour) for loading and unloading. 11. MOTOR VEHICLES AND BICYCLES. 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 end 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 c n in appearance. This includes, is not limited to, vehicles whose exterior appearance has demworated to a point where they iW unsightly and detract from the appearance of the Park, or vehicles which contain unsightly loads that are visible to other persons. 12. CONDUCT. A. Actions by any person of any nature which may be dangerous, injurious, a nuisance, waste, criminal activity such as trespassing, assault, battery, stalking, invasions of privacy, burglary, robbery, inflicting distress, breach of quiet enjoyment, disturbing, .molesting, annoying, conduct which is obscene, conduct offensive to the senses or other tenants, profane, tortious, damaging, illegal (a violation of any law, ordinance, regulation or statute), indecent, or which may create a health and safety risk or unreasonable interference with the rights and privileges of others in the park is prohibited. This includes, but is not limited to, any unusual, 'disturbing or excessive noise, -intoxication, quarreling, threatening, fighting immoral or illegal conduct, profanity, or rude, boisterous, objectionable or abusive language or conduct. The use or display of any weapon, including but not limited to, a bow and arrow, BB guns, slingshots, martial arts weapons, guns, paint guns, knives, fireworks-, flares, other deadly weapons are prohibited. Persons under the influence of alcohol or any other substance shall not be permitted in any area of the Park which is generally open to Residents and their Guests. B. Radios, televisions, record players, musical instruments and other devices must be used so as not to disturb others. "Ham" or "CB" radios or other radio transmitters may not be operated in the Park. C. Residents and their guests shall not encroach or trespass on any other resident's homesite or upon any area which is not open for general use by residents and their guests. All Park property -which is not 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 regulations (the only exception i y of the Park's utility systems on your space which are owned us or a utility company so we My are responsible for them). The preceding includes, without limitation, such things as insuring that all required setbacks are met and there are no encroachments as based on established use; that all building code and other similar requirements are met; and that all building and other permits have been obtained. If any landscaping on the homesite, including as planted by a former resident, causes any damage whatsoever to the streets, curbs and gutters, driveways, utilities or any other property or improvements belonging to either the Park or any of its residents, you are financially responsible for immediately removing the landscaping and paying the full cost of repairing or replacing the damaged property or other improvement. 13. COMMON FACILITIES. A. Common areas are provided for the exclusive use of residents and their accompanying guests. The restroom and shower facility is accessible to tenants with issued key. B. No drinking of alcoholic beverages is allowed in any common area. C. Screaming, running, horseplay and loud noises are not allowed in the common areas. 14. LAUNDRY FACILITIES: Laundry hours are posted. The laundry room is accessible to tenants with issued key. These facilities will be closed from time to time at Park management's discretion for cleaning and repairs. Washers, dryers, and all other laundry facilities are to be cleaned by Resident, inside and out, immediately after use. -Clothes are to be -removed from -dryers as soon as -they are -dry. Dyeing may not be done in the washers. The laundry is to be left in a clean, neat and ofderly 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 room without the immediate supervision of an adult Tenant. 16. PETS. Tenants are subject to the following rules: Advance written consent to keep a house pet in the Park must be obtained from management. A house pet is defined as a pet that spends its primary existence within the mobilehome. Management reserves the right to deny a pet if a proposed pet would pose a threat to the health and safety of residents of the Park. No more than one (1) pet is allowed per mobilehome. A. The types of pet permitted are: dogs, cats, small birds, fish and other pets which can be kept in an aquarium kept in the mobilehome at all times. Only medium-sized cats and dogs (which at maturity do not exceed eighteen inches (18") in height, when measured at the shoulders when in a standing position) or 25 pounds in weight, are permitted. Aggressive breeds of dogs (including, but not limited to, pit bulls, rottweilers, doberman pinschers, whether full bred or in any part) are expressly prohibited. B. Non -house pets (including farm animals) are prohibited under any circumstances. Illegal, dangerous, poisonous, wild pets are not permitted. MARINAPARK RULES AND REGULATIONS Page 12 C. After moving into theAark, a pet may not be acquiredhout written permission from the management. Management rfwt approve all pets before applicatifflRo rent is accepted. D. If a. pet is lost or dies, written permission to acquire a new pet must be obtained from management. E. If any of the rules regarding pets is violated, and such violation is noted by management or a valid complaint is made by another Resident, the Resident owner of the pet will receive an official notice in writing stating that the right to keep a pet within the Park is terminated. F. The following rules must be strictly followed by all pet owners: - 1 . Each pet must be licensed and inoculated in accordance with local law. Evidence of licensing and inoculation as well as a picture of each pet shall be submitted to Park Management within seven (7) days of receipt of written request for such information. 2. Pets must be on a leash when not inside the mobilehome. 3. Any pet running loose in the Park will be taken to Animal Control. Recurring violations of this rule will lead to the loss of the privilege to maintain a pet. 4. Pets will not be allowed to cause any disturbance which might annoy neighbors, including, but not limited to, barking, growling, biting or any other unusual noises or damage. Under no condition is a pet to invade the privacy of anyone's homesite, flower beds, shrubs, etc. 5. Pets are not permitted to be walked in the Park and should be taken off the premises when exercising. If Resident's pet is allowed to exercise in Resident's yard or elsewhere, all excrement -must be -picked up, wrapped -in paper and -placed in the trash immediately. 6. No exterior pet housing is permitted in the Park. This includes, but is not limited to, any type of confining barricade or structure such as a cage, kennel, restraint or other device or housing. 7. Guests are not permitted to bring any pet into the Park. 8. Feeding of stray cats and other animals is prohibited. Keeping any food outside the mobilehome may attract strays and rodents and is therefore considered a nuisance and prohibited. 9. The tying up of pets outside the mobilehome and leaving them unattended is prohibited. 10. If any pet causes any disturbance, annoyance or harm, injury or damage, or attempted or threatened injury, distress, endangerment or damage, or annoyance or disturbance, including without limitation, attacking, barking, growling, howling, lunging, threatening, biting, or any disturbing, annoying, or unusual noises, permission to keep that pet will be revoked and the Resident may be required to remove and relocate the pet from the homesite and from the community within a period of seven (7) days as provided to Resident in a written notice to be served on Resident in such event. Failure to comply with management's demand for removal/relocation of the revoked pet is a rule and regulation violation and shall constitute grounds for service of a seven (7) day notice to comply with such demand. 17. ZONING AND CONDITIONAL USE PERMIT INFORMATION. A. The nature of the zoning under which the Park operates is as follows: . B. The date of expiration or renewal of any conditional use or other permits required to operate the Park which are subject to expiration or renewal is as follows: The Park is not operating pursuant to a conditional use permit which has an expiration date. 18. FIXTURES. All landscaping and structures or other improvements permanently attached to or embedded in the ground shall become a part of the realty upon their installation and belong to City. Upon Resident vacating the homesite, such improvements shall remain upon and be surrendered with the homesite. Park Management may, however, at its sole option, permit or require Resident to remove, at Resident's own expense, said improvements. Resident shall repair any damage to the homesite caused by the removal, including, but not limited to, the filling in and leveling of holes or depressions and shall leave the homesite in a neat and uncluttered condition with the Park's original engineered grade intact. MARINAPARK RULES AND REGULATIONS Page 13 19. SOLICITATION. Throw -away newspapers, dAution of handbills and door -to- r selling or solicitation are not permitted without Park Management's consent. All salespeople must make individual appointments with the Resident concerned or interested. 20. PARK OFFICE AND COMPLAINTS. Except in an emergency, please do not telephone or contact Park Management after normal business hours. The Park's office phone is for business and emergency use only. A. Except for emergencies, all complaints must be in writing and signed by the person making the complaint. B. All community business is conducted during off ice hours, which are posted. C. Resident shall not request maintenance personnel to perform jobs for Resident, nor shall Resident give instructions to maintenance personnel. All repair or maintenance requests shall be submitted in writing to Park Management. 21. REVISIONS OF RULES. City reserves the right to add to, delete, amend, and revise these Rules and Regulations from time to time, as well as additional rules and regulations and hours posted in and about the recreational facilities, as provided in Section 798.25 of the California Civil Code. 22. PARAGRAPH READINGS. The headings and titles of the paragraphs' within these Rules and Regulations are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions of said Rules and Regulations. 23. RECOGNITION. Resident acknowledges that the Park is not a "security" community. Resident agrees that City, his employees, and agents have not made an, representations or warrantees to Resident that the Park is secure from theft or other criminal acts which may be perpetrated by any resident of the Park or other persons. Resident agrees that there are variables inherent in a mobilehome investment include risks of obsolescence, changes in demand, location mobilehome maintenance, wear and tear, age, technological advances, interest rates and terms, economic climate and development, neighborhood change, and many other factors beyond City's control. The value of Resident's mobilehome may decline in the future, like any vehicle. City and Park do not warrant or represent that Resident's mobilehome will appreciate in value. Resident understands the existence of such investment risk and agrees to accept all risks of economic loss or loss in value to the mobilehome. City and Park do not agree to provide a community which provides other than moderate cost housing opportunities. Resident also recognizes and agrees that the Park has no age restrictions so that there will be large numbers of young children and teenagers living in the Park and engaging in normal activities of children of this age. Therefore, the environment of the Park will be consistent with that of, habitable single-family residential housing development with a similar population makeup. Consequently, City is not obligated to attempt to enforce conditions of tenancy to provide a living environment which is free of noise or the other normal disturbances and activities which would be expected under similar circumstances. Additionally, with regard to the enforcement of the Rules and Regulations and other conditions.of tenancy, Resident agrees that it is Resident's responsibility to first attempt to reach a reasonable resolution of any problems or complaints Resident may have with other residents and Homeowners or members of their household before City and Park are asked to take any action. 24. RENTING, SUBLETTING OR ASSIGNMENT. Resident shall not sublease, rent or assign Resident's mobilehome, the homesite or any rights or interest that Resident may have under Resident's rental agreement. A homeowner shall be permitted to rent or sublet if a medical emergency or medical treatment requires the homeowner to be absent from his or her home and this is confirmed in writing by an attending physician or in accordance with the subleasing policy if the management, attached as Exhibit "A." MARINAPARK RULES AND REGULATIONS Page 14 25. LOT USE. Actual and jearent use defines the perimeter 0 he area of land which Resident expects to use and enjoy. 26. INSPECTION. Resident agrees he/she/they have carefully inspected the homesite you are renting and all of the Park's services, improvements and facilities and have found them to be safe and as represented, either orally or in writing, and accept them as they are. To the extent that Resident has found such services, improvements or facilities not to be safe* or not to be as so represented Resident nonetheless agree to accept them as they are and further has found the Park reasonably safe and well - maintained. 27. INDEMNIFICATION, A. City, management and all employees, agents, and representatives thereof will not be liable for any damage, injury, loss, expense, or inconvenience to any personor property caused by any use of the Park or your Space, or by any defects in tiny improvements, or failure of services or ameni ties, 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: /-7)00- 41gq-2200 Fire Department: 911; Park Manager: 949 723 0205. 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 membgkof the Resident's household, orgW�guest or other person under the Resident's control shall not M§age in criminal activity, iricludingVfug-related criminal activity, on or near property premises. "Drug -related criminal activity" means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802). Resident, any member of the Resident's household, or a guest or other person under the Resident's control shall not engage in any act intended to facilitate criminal activity, including drug -related criminal activity, on or near property premises. Resident or members of the household will not permit the dwelling unit to be used for or to facilitate, criminal activity, including drug -related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest. Resident or members of the household will not engage in the manufacture, sale, or distribution of illegal,drugs at any location, whether on or near property premises. Resident, any member of the Resident'S household, or a guest or other person under the Resident'S control shall not engage in acts of violence or threats of violence, including, but not limited to, the unlawful discharge of firearms, on or near property premises.' B. ANY VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this addendum shall be deemed a serious violation and a material noncompliance with the lease. It is understood and agreed that a single violation shall be good cause for termination of the rental agreement and rules and regulations. Failure to comply with this provision is considered a material, non -curable breach of the lease and will result in a Notice to Quit being served upon Resident requiring that Resident, every member of Resident's household, or a guest or other person(s) under Resident's control shall vacate said premises on proper notice, all in accordance with California- law. California law provides for an extraordinary remedy to remedy to regain possession when illegal activity is being carried out on or near the premises which constitutes a public or private nuisance. 33. REMEDIES. Injunctive relief may be sought without proof of irreparable harm or lack of an adequate legal remedy in the event of a violation of these rules and regulations. A violation- of these rules and regulations raises a conclusive presumption of irreparable harm and lack of adequate legal remedy and proof thereof is agreed to be unnecessary. 34. REMOVAL OF MOBILEHOME ON SALE. 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 otherw affect the rights of management ossession of rent by the resident manager shall not be accept until actually approved by the CNW accordingly, the receipt by or the tender of payment to the resident park manager shall be conditional and for custody purposes only until approved and accepted by the City. C. Park may exercise any right under the terms of the rental agreement or lease, or these rules and regulations as amended or modified or any other right of the management under applicable law, and do so at any time subsequent to the date such right became effective hereunder, and do so retroactively to the date the right initially became effective or enforceable and demand performance from such inception through to and including the date of the demand -and thereafter; any such delay, forbearance, whether intentional or inadvertent in enforcing any such right shall not be construed as a waiver, release or acquittal, accord and satisfaction, settlement in whole or part; shall not constitute an estoppel, or laches; and, shall not render any such right unenforceable or be a defense against enforcement of such rights from the time such right could first be exercised and thereafter. 36. EXECUTION: YOU AND THE OTHER MEMBERS OF YOUR HOUSEHOLD ALSO AGREE THAT THESE RULES AND REGULATIONS MAY BE MODIFIED TO ADD OR SUBTRACT PROVISIONS OR MODIFY EXISTING PROVISIONS IN ACCORDANCE WITH CALIFORNIA CIVIL CODE SECTION 798, AND SUBSEQUENT SECTIONS. IT IS MUTUALLY AGREED THAT ANY CONTRACT OR TORT CLAIM, DISPUTE OR ACTION, INCLUDING ANY VIOLATION OF ANY LAW OR REGULATION, SHALL BE JUDGED BY A SINGLE NEUTRAL JUDGE, AND THAT EACH PARTY WAIVES THE RIGHT TO JURY TRIAL. THIS PROVISION SHALL APPLY- EVEN IN THE EVENT THAT THE PARTIES DO NOT, FOR ANY REASON, MEDIATE OR ARBITRATE SUCH DISPUTE. CONSULT AN ATTORNEY ABOUT THE MEANING AND EFFECT OF THIS PROVISION. BY SIGNING BELOW, YOU AGREE THAT THESE RULES AND REGULATIONS ARE EFFECTIVE IMMEDIATELY UPON YOU AND ALL MEMBERS OF YOUR HOUSEHOLD. Resident further represents and warrants that the information provided to City regarding resident, other members of the household or the mobilehome is true and correct. Homeowner also agrees to promptly notify City, in writing, of any change in this information. READ AND ACCEPTED: RESIDENT Date: Date: • ! / Date: ! / MANAGEMENT Date:./ / Signature Printed name Signature Printed name Signature Printed name Signature Printed name MARINAPARK RULES AND REGULATIONS Page 17 MARINAPARK�°j'y 1770 WEST BALBOA BOULEVARD NEWPORT BEACH, CALIFORNIA 92663 RULES AND REGULATIONS These rules and regulations are part of the rental agreement between the CITY OF NEWPORT BEACH, a municipal corporation and Charter City (City) and: (Homeowner/Resident) for space number in Marinapark. Please read the Rules and Regulations carefully and keep them on file as they constitute a binding agreement between you and City. PLEASE' BE ADVISED: The City Council actively solicited proposals for non-residential uses at Marinapark and, as of February 2002, has deemed a non-residential use of Marinapark the most appropriate land use for the property. As such, City Council intends to close the mobile home park no later than March 15, 2005. It is important that this information be given to any prospective purchaser of your mobilehome. 1. INTRODUCTION. A. Our Rules and Regulations have been developed as a basis for good relations within Marinapark. Because ours is an all -age park, it has unique conditions which must be recognized and dealt with in a fair and reasonable manner, and applied and complied with on an impartial basis. The spirit behind these guidelines is in the Golden Rule: "Do unto others as you would have others do unto you. Thus, the basic rule and overarching requirement of tenancy is that each Resident adhere to a promise of good faith toward others including a duty to: (i) behave reasonably, respectfully, courteously and consistent with the rights of City and others; (ii) do nothing to unreasonably or adversely affect City or others, such as disturbing the peace, or creating any nuisance; and (iii) do nothing which may unreasonably endanger anyone or other persons' property. This rule and regulation, as well as all of the other rules and regulations apply to all Residents and guests. B. Other Rules and Regulations and Documents. Other rules and regulations and documents are referred to below and incorporated in our rental and lease agreements. Others are posted in the Park or are on signs. These other rules, regulations and other documents'and signs (as they way be periodically changed) are incorporated in these Rules and Regulations by reference. C. Reasonable and Lawful Interpretation and Application of Rules and Regulations: It is City's intent to interpret and apply all Rules and Regulations reasonably and lawfully. If, for any reason, any portion of these Rules and Regulations are unenforceable or interpreted in a manner which is unenforceable, such events are strictly unintentional and in such case, such portion of the rules and regulations and application thereof will be deemed deleted and cancelled without further action on our part; all remaining rules will remain in full force and effect. The management will interpret and enforce these Rules and Regulations in a reasonable manner. D. Conflicts. If any of these rules are in direct conflict with the terms of any rental or lease agreement, the terms thereof will prevail. 2. USE OF FACILITIES. A. Tenants, residents and guests have the right to use the homesite and Park facilities only if they comply with these Rules and Regulations and the other provisions of the Park's residency documents. Park Management will attempt to promptly, equally and impartially obtain the cooperation and compliance of all tenants and residents with respect to the Rules and Regulations and other conditions of residency. Tenant recognizes, however, that Management's ability to obtain compliance is dependent upon a number of factors, including Ahe 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 between Management and each tenant and resident individually. Tenant agrees that tenant is not a third parry beneficiary of any other agreement between City/Park _Management and any other tenant or resident in this Park. In other words, this agreement is not for the benefit, enjoyment or protection of any other tenants, residents or guests. Similarly, no other rental agreement and rules and regulations entered into With other tenants in the park are intended for the benefit, enjoyment or protection of Tenant Cs) 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 residents mobilehome, accessory structures, equipment, appliances, or landscaping. This release includes all actions, disputes, controversies, claims, demands, injuries and property damage which relate to such work or services. C. The Resident manager has no authority to represent or give opinions about mobilehome values, quality, utility, condition or merchantability: please consult your dealer or broker. Telephone numbers for the Resident manager, when not in the office, are posted. D. Acceptance of rent by the Resident Manager shall not reinstate a tenancy after breach or termination on proper notice, and shall not create a tenancy where such payment is made by a prospective purchaser or resident, dealer or other person for a space; any such payment received shall be deemed, respectively, as payment in mitigation of damages for rental value until surrender of possession of the premises, payment on behalf of the prior resident in order to retire past debt or for purposes of maintaining bare custody of the payment pending approval of receipt by the City. 4. ALL -AGE COMMUNITY. A. The Park is an all -age community with no minimum age requirements for residents. Any regulations which result in differential treatment based on age merely implement existing law or regulations or health and safety rules to avoid risk of injury, danger or harm which can be avoided by reasonable care of parents or adult custodians. Management will not at any time unlawfully administer, enforce or express any preference with respect to existing or prospective tenants, residents, or guests based on any protected class status as defined under such laws. No such unlawful activity by other persons whether residing in or doing business in the community or otherwise is permitted; any unlawful discrimination known or reasonably suspected may be reported to appropriate government authorities for prosecution. WE COMPLY DO BUSINESS IN ACCORDANCE WITH THE STATE AND FEDERAL FAIR HOUSING LAWS. IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF MARINAPARK RULES AND REGULATIONS Page 2 RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, HANDICAP OR DISABILITY, FAMILIAL STATUS, SOURCE OF INCOME, NATIONAL ORIGIN, ANCESTRY OR FOR ARBITRARY REASONS UNDER STATE LAW - DISCRIMINATORY ACTIONS OF THE MANAGEMENT, HOMEOWNERS, RESIDENTS, GUESTS OR OTHERS MAY BE REPORTED TO CITY'S AGENTS, OR THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING. MANAGEMENT WILL NOT AT ANY TIME UNLAWFULLY ADMINISTER, ENFORCE OR EXPRESS ANY PREFERENCE WITH RESPECT TO EXISTING OR PROSPECTIVE RESIDENTS, RESIDENTS, OR GUESTS BASED ON ANY PROTECTED CLASS STATUS AS DEFINED UNDER SUCH LAWS. NO SUCH UNLAWFUL ACTIVITY BY OTHER PERSONS WHETHER RESIDING IN OR DOING BUSINESS IN THE COMMUNITY OR OTHERWISE IS PERMITTED; ANY UNLAWFUL DISCRIMINATION KNOWN OR REASONABLY SUSPECTED MAY BE REPORTED TO APPROPRIATE GOVERNMENT AUTHORITIES FOR PROSECUTION. B. Any regulations which result in differential treatment based on age merely implement existing law or regulations or health and safety imperatives to avoid risk of injury, danger or harm which can be avoided by reasonable care of parents or adult custodians. Such rules and regulations as contained herein, and other policies of the management expressed in any writings, posted signs, memos, notices or otherwise, have been based on consultation with legal counsel for compliance; in the event that any such policy is ruled or challenged as being or having become unenforceable or void based on legal interpretations, rulings or complaints, management may on receiving notification of the existence of such a dispute, omit, delete or rescind operation thereof without further notice and without inference or implication of fault or wrongdoing. Management will not at any time unlawfully administer, enforce or express any preference with respect to existing or prospective tenants, residents, or guests based on any protected class status as defined under such laws. 5. GUESTS. A. All guests must register with Park Management if they stay with Resident more than a total of twenty (20) consecutive days or a total of thirty (30) days in a calendar year (hereinafter "grace period"). Each ,guest must complete an application for tenancy, be approved by Park Management and execute all other residency documents before any additional person, other than the ones listed on the last page of the rental agreement, shall be permitted to reside with a resident fora 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. 13 Mobilehome Sizes. All mobilehomes shall conform in size to the requirements of the homesite on which they are placed as established by Park Management. Placement of mobilehomes shall be determined by Park Management. C. Accessory Equipment and Structures. The installation of all appliances, accessory equipment. and structures on incoming mobilehomes shall be completed within sixty (60) days of the date Tenant signs the rental agreement or first occupies the mobilehome, whichever is earlier. (1) Building permits, licenses and other similar permission from government or quasi - governmental bodies or agencies must be obtained, if so required, before any installation MARINAPARK RULES AND REGULATIONS Page 3 or construction of certain accessory equipment and structures. All such equipment and structures must comply with all federal, state and local laws and ordinances. (2) Prior to commencing a new installation of or a change in accessory equipment and structures or a change in any appliance which is to be connected to the gas, electric or water supply, Resident shall submit for Park Management's approval a written plan describing in detail the accessory equipment and structures which Resident proposes to install or change. (3) Any accessory, equipment or structure not in compliance with the Park's residency documents shall be removed by Resident within ten (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. D. Standards for Accessory Equipment and Structures. Conditions • for specific equipment and structures are as follows: (1) THE PARK HAS A LIMITED ELECTRICAL AMPERAGE CAPACITY. THEREFORE, RESIDENT IS RESPONSIBLE FOR ENSURING THAT RESIDENT'S MOBILEHOME AND APPLIANCES ARE COMPATIBLE WITH THE PARK'S ELECTRICAL SYSTEM. CITY 'MAY REQUIRE REMOVAL OF ANY APPLIANCES (INCLUDING, BUT NOT LIMITED TO, AIR CONDITIONING UNITS) THAT, IN CITY'S REASONABLE DISCRETION, ADVERSELY AFFECT THE UTILITY SYSTEMS OF THE PARK.' RESIDENT IS RESPONSIBLE FOR MAKING SURE THAT THE MOBILEHOME AND ALL APPLIANCES AND EQUIPMENT ARE COMPATIBLE WITH THE ELECTRIC SERVICE NOW AVAILABLE, AND CITY .SHALL HAVE NO LIABILITY OR RESPONSIBILITY IF THE AVAILABLE ELECTRICAL SUPPLY IS INCOMPATIBLE OR INSUFFICIENT. RESIDENT IS RESPONSIBLE TO MATCH THE RATING FOR THE MOBILEHOME TO THE SERVICE PROVIDED AT THE PEDESTAL AND NOT EXCEED IT. RESIDENT WARRANTS THAT THE MOBILEHOME SHALL NOT EXCEED SUCH RATING. RESIDENT RELEASES CITY FROM FAILURE TO COMPLY WITH THE AMPERAGE RATING OR EXCEEDING AVAILABLE SERVICE..THIS RELEASE IS NOT INTENDED TO RELEASE CITY FROM CITY'S WILFUL MISCONDUCT OR ACTIVE NEGLIGENCE, BUT ONLY TO THE EXTENT ALLOWED BY LAW. RESIDENT SHALL FORBEAR FROM CONSUMING MORE AMPERAGE THAN THE EXISTING RATING FOR THE HOMESITE, TO AVOID DAMAGE TO CITY'S PROPERTY AND TO THE PROPERTY OF OTHERS. (2) IF THE MOBILEHOME, APPLIANCES AND EQUIPMENT IN THE MOBILEHOME ARE NOT COMPATIBLE WITH THE ELECTRIC SERVICE AND CAPACITY NOW AVAILABLE OR EXCEEDS AVAILABLE SUPPLY AT THE PEDESTAL, RESIDENT SHALL "DE -AMP" (REDUCE THE RATING FOR) THE MOBILEHOME OR DISCONTINUE EXCESS DEMAND TO ENSURE AGAINST ANY OVERLOADING OR CAUSING ANY DISRUPTION IN SERVICE. CITY SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO RESIDENT IF THE AVAILABLE ELECTRICAL SUPPLY IS INSUFFICIENT OR INCOMPATIBLE. RESIDENT IS EXPRESSLY LIABLE FOR SERVICE DISRUPTIONS CAUSED BY EXCESSIVE DEMANDS ON THE ELECTRICAL SYSTEM WHICH SHALL FURTHER BE DEEMED A DEFAULT AND BREACH OF THE RESIDENT'S OBLIGATIONS UNDER THIS AGREEMENT. (3) PLEASE READ CAREFULLY! FROM TIME TO TIME, THE SERVING PUBLIC UTILITY WILL SUFFER OR CAUSE POWER FLUCTUATIONS, OUTAGES AND SURGES TO THE PREMISES. SUCH VARIANCES MAYBE CAUSED BY MANY FACTORS: storms. wind, heat, ice, and climate factors are common causes. Additionally, high power demand during heat waves and other times of unusually high demand may overburden MARINAPARK RULES AND REGULATIONS Page 4 electric cables, transformers, and other electrical equipment of the utility supplier. CAUTION: INTERMITTENT POWER INTERRUPTIONS ARE FOLLOWED BY RESTORATION OF ELECTRICITY WHICH MAY CAUSE SURGES IN ELECTRICAL POWER: POWER SURGES OFTEN AFFECT UNPROTECTED CONSUMER HOUSEHOLD APPLIANCES SUCH AS ELECTRONIC EQUIPMENT (COMPUTERS, STEREOS, RADIOS, ETC.). THE CITY'IS NOT RESPONSIBLE FOR THE DISRUPTIONS,, OUTAGES, SURGES, OR OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE PREMISES WHICH ARE CAUSED BY UTILITY SUPPLIER. RESIDENT AGREES THAT CITY IS FULLY AND UNCONDITIONALLY RELEASED AND DISCHARGED FROM ANY AND ALL LIABILITY WHICH ARISES ASA RESULT OF THE ACTS AND OMISSION OF THE UTILITY SUPPLIER. IT IS THE RESPONSIBILITY OF THE RESIDENT, EXCLUSIVELY, TO EXERCISE PRUDENT CARE FOR PROPERTY WHICH MAY BE AFFECTED BY DISRUPTIONS, OUTAGES, SURGES, OR OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE PREMISES. ACCORDINGLY, RESIDENT HAS THE RESPONSIBILITY TO TAKE THE FOLLOWING PRECAUTIONS: E. Resident has the responsibility, always, TO USE SURGE PROTECTORS FOR THE PROTECTION OF RESIDENT'S PROPERTY, especially for computer equipment, stereo equipment, radios and other electrical appliances, devices and products which may be affected by disruptions, outages, surges, or other irregularities in the provision of electrical service. Unplug heat -producing items such as irons or portable heaters to prevent a fire when power is restored. F. -Turn off and unplug all appliances and other electrical equipment, except for a single light bulb, which will be the signal your power has-been restored. This helps ensure against circuit overloading, which could delay restoration of service. G. In the event of an outage, do not use candles for lighting during an outage, since they create a fire hazard. Use flashlights or battery -powered lanterns instead. H. Check the neighborhood to see if others have their power. If they do, the problem may be a "tripped" circuit breaker. I. IT IS RECOMMENDED THAT RESIDENT OBTAIN A HOMEOWNER'S INSURANCE POLICY TO COVER DAMAGE, LOSS AND LIABILITY ASSOCIATED WITH THE DISRUPTIONS, OUTAGES, SURGES, OR OTHER IRREGULARITIES IN THE PROVISION OF ELECTRICAL SERVICE TO THE PREMISES AND OTHER RISKS. J. With respect to the provision of any services or facilities (including utilities) to homeowner, any prevention, delay, or stoppage due to strikes, walkouts, or other labor disputes, acts of God, inability to maintain labor or materials or reasonable substitutes for them, governmental restrictions, regulations or controls, judicial orders, fire/flood or other natural disaster or casualty, breakage, repairs, and other causes beyond City's reasonable control, will excuse performance of these obligations for a time period equal to the delay. Resident will remain responsible, without abatement or reduction, for the rent, utilities, and other charges to be paid per the terms of this Agreement. City will use reasonable efforts to reinstate or repair any services or facilities, including utilities, which have been interrupted as set forth hereinabove. If Resident feels that City is not using reasonable efforts to reinstate such services or facilities, Residents shall mediate the matter pursuant to the agreement or paragraph contained herein entitled "mediation and reference of disputes" if and only if Residents have consented to that provision or desire to do so by mutual agreement (at the time the dispute arises) which provides for an alternate dispute resolution procedure of such dispute. City will not be liable under any circumstances for loss of or injury to property, however occurring through or in connection with or incidental to the failure to furnish any services of facilities (including utilities). K. Air 'Conditioners. Electric air conditioning units are prohibited due to limitations upon the acceptable loads to the electrical facilities within the Park; therefore, only gas air conditioning units and evaporative coolers are permitted. Pre-existing units in place on service of these rules and regulations are permitted as a prior non -conforming use. Prior to the installation of or replacement of any air conditioning unit, Resident must obtain written approval from City before installation contingent on acceptable type, size, and location; (b) existing amperage capacity; and, (c) units must be energy efficient and to be wired directly into home's electrical system. In addition, any air conditioner installed in a mobilehome must be in good operating and must not make excessive noise that will be disturbing to any other resident. Condensation accumulation from any air conditioner must be piped away from the mobilehome and not be allowed to fall onto the ground beneath the mobilehome. MARINAPARK RULES AND REGULATIONS Page 5 L. Porches and Patios. Porches and patios are required and must be constructed under permit and meet the appropriate governmental building codes. Porches must be of an approved material matching the exterior material of the mobilehome. M. Steps All steps must be of good manufactured quality and sidefaced to match the mobilehomes exterior. Steps must have approved handrails, as required by law. The temporary steps'provided by the mobilehome dealer must be removed from the homesite no later than sixty (60) days from the date the mobilehome is moved into the Park. N. Skirting and Awnings. Skirtings and awnings are required on all mobilehomes. All textured materials and color must coordinate with the mobilehome All awnings must be painted or be of anodized aluminum or steel and must be of an approved manufactured type. Skirting may be of Alcan, —' m"asoriry 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 ora 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, unless authorization is given by Park Management, remove any plants upon Resident vacating the Park. (4) Park Management expressly prohibits the use of any manures or- odorous chemical fertilizers. (5) Waterfalls, statuary and other forms of decor are prohibited. (6) Some form of planted ground cover, acceptable by Park Management, is required. (7) Wood bark and chips are permitted with an underlining of black plastic for weed control. (8) To avoid damage to underground utilities, Resident must have Park Management's consent before digging or driving rods or stakes into the ground. Resident shall bear the cost of repairs to any utilities or Park property damaged by Resident. (9) The existing drainage pattern and grading of the homesite may not be changed without Park Management's consent. Resident is responsible for maintaining the homesite so that water does not accumulate or stand under the mobilehome or on the Homesite. Water on the homesite is required to drain off the homesite in a fashion as to avoid runoff onto another mobilehome space. Resident shall ensure the skirting attached to the mobilehome is not extended into the grade which would cause moisture or water to accumulate under the mobilehome. All watering systems shall be installed, maintained and adjusted as necessary to avoid water run-off and standing water on the premises. Any berms on the space shall be installed and maintained to avoid the accumulation of water on the space or under the mobilehome. Any masonry skirting for a mobilehome must contain sufficient openings as to prevent accumulation of water on the space or under the mobilehome. (10) Resident warrants to maintain the mobilehome and areas under the mobilehome and space free of and from mold. Resident is also responsible for mold cleanup. The mobilehome should be inspected by a competent home inspection contractor periodically. It is imperative to treat and remove all molds as if they're potentially harmful. Regardless of the type of mold found, a home containing mold is not essentially a healthy home. Among the conditions to be checked should be presence of any mold in or about the. mobilehome. The following are sources of indoor moisture that may cause problems: flooding, backed -up sewers, leaky roofs, humidifiers, mud or ice dams, damp crawl spaces, constant plumbing leaks, house plants — watering can generate large amounts of moisture, steam from cooking, shower/bath steam and leaks, wet clothes on indoor drying lines, clothes dryers vented indoors, combustion appliances (e.g. stoves) not exhausted to the outdoors D. All landscaping, including, but not limited to, shrubs, vines, bushes and lawns, shall be well maintained. Such maintenance shall include, but not be limited to: (1) The frequent, at least once each week, mowing of any lawns. (2) Homesite shall be kept free of weeds and debris at all times. (3) The trimming of all shrubs, vines and bushes in a manner that maintains an attractive shape and prevents such plants from blocking a neighbor's view or from being excessively high or brushing against a neighbor's mobilehome or awning. (4) No landscaping which is higher than three feet is permitted. The trimming and maintenance of all trees and shrubs in a manner that prevents them from developing a root structure that causes cracking or buckling or otherwise interferes with the streets, driveways or other community facilities and from becoming a specific hazard or health and safety violation. "Specific hazard" is defined as a clear and present danger of bodily injury or property -damage. Resident represents that there are no specific hazards or health and safety violations which result from the condition of any tree on or partially on or over the homesite as of the date of the delivery of these rules and regulations; Resident will provide a separate written statement attached to the rules and regulations if the foregoing material representation by the Resident is not correct. No new trees may be planted. (5) Resident may not remove trees from the homesite without management's written consent. (6) When vacationing or absent for any other reason, it is the responsibility of the Resident to arrange for someone to water and to maintain the homesite. B. GENERAL MAINTENANCE OF HOMESITE. A. Storage. Storage of anything beneath, behind or on the outside of a mobilehome or a recreational vehicle is prohibited. This includes, but is not limited to, storage of boxes, trunks, wood, pipe, bottles, garden tools, mops, ladders, paint cans or any item which is unsightly in appearance. (1) only outdoor patio furniture and barbecues approved for use by Park Management (such approval shall not be unreasonably withheld) may be used on the patio, porch, yard or other portions of MARINAPARK RULES AND REGULATIONS Page 7 the homesite. (2) No towels, rugs, wearing apparel or laundry of any description may be hung outside of the mobilehome at anytime. No aluminum foil, sheets, blankets, plywood, paneling, newspaper, shopping bags, paper material, paint or other material not designed as a window covering, shade or screen may be used as insulation on windows or as window coverings in any location in or on the mobilehome. B. Dangerous Materials. Anything which creates a threat to health and safety shall not be permitted on the - homesite. No flammable, combustible, or explosive fluid, material, chemical' or substances (except those customarily used for normal household purposes which shall be properly stored within the mobilehome and/or storage building) may be stored on the homesite and then only in quantities reasonably necessary for normal household purposes. C. Concrete. All concrete, asphalt and other surfaces shall be kept clean and maintained free of oil and all other sticky or oily substances. D. Exterior Painting. The exterior paint on Resident's mobilehome, accessory structures and equipment shall be properly maintained. Proper maintenance shall include, but not be limited to, the repainting of the exterior whenever the paint begins to fade, peel, flake, chip or deteriorate in any other manner that detracts from the aesthetic beauty of the Park. Written approval must be obtained from Park Management prior to any painting. Any change in color requires advance approval of Park Management. E. Damage: If any portion of the exterior of the mobilehome or any accessory equipment, structures, or appliances or the homesite are damaged, the damage must be repaired or replaced within thirty (30) days. This includes, but is not limited to, damage to the siding, awning supports, downspouts, skirting, porch or storage shed. If a Resident's mobilehome has not been repaired, reconstructed, or restored within a reasonable time after work has been commenced on it, the Resident shall remove the mobilehome from the Park at his expense. If the Resident fails to do so within ten (10) days after Park Management gives him written notice to remove the mobilehome, the actual cost of such removal shall be immediately due and payable to Park Management. Upon such removal, the Agreement under which Resident occupies the homesite shall terminate, unless Resident gives Park Management sixty (60) days' written notice. In the interim, Resident shall continue to be bound to perform all his promises and obligations under this Agreement. F. Utility Pedestals. The utility pedestals (water and utility hookups) must be accessible at all times. If one of the Park's water shut-off valves is located on Resident's homesite, it must be kept uncovered and accessible at all times. Resident shall not connect, except through existing electrical or natural gas outlets or water pipes on the homesite, any apparatus or device for the purposes of using electric current, natural gas or water. G. Licenses. All mobilehomes and recreational vehicles within the Park must bear a current license and decal issued by the appropriate agency of the State of California. H. Advertisements. All exterior advertising, flags, including, but not limited to, for sale signs, open house signs and garage sale signs, are prohibited. However, Resident may place a sign in the window of the mobilehome, on the side of the mobilehome or in front of the mobilehome facing the street stating that the mobilehome is for sale or exchange. Such sign shall not exceed twenty-four inches (24) in width and thirty-six inches (36") in height, and such sign shall state only the name, address and telephone number of the City of the mobilehome or Resident's agent. 1. Garage and Trash Disposal. Garbage must be wrapped and, with other refuse, must be placed in plastic trash bags and kept inside the mobilehome or storage shed until deposited in the designated disposal bins. (1) Sanitary and health laws must be obeyed at all times. (2) Combustible, noxious, or hazardous materials should be removed from the Park and not placed in bins. Resident shall not keep, maintain or allow in any place in your mobilehome; on your space; in a storage shed or elsewhere in the Park any hazardous materials in excess of the quantities required for normal household use. Additionally, Resident shall not engage in any activity in the Park which causes an environmental hazard or violates any law relating to environmental protection, hazards and other similar laws. This includes, but is not limited to, changing or adding any automotive fluids in any common area of the Park. Furthermore, you may not allow any environmentally hazardous substance including, but not limited to, toxics, cleaning fluids, oil, grease, or any substance MARINAPARK RULES AND REGULATIONS Page 8 defined as environmentally hazardous to be placed on any surface area in the Park. Resident shall not allow such substances to be disposed of anywhere in the Park, including, but not limited to, trash cans, trash bins, surface areas, the sewage disposal system, or any other trash or garbage or disposal area in the Park. Such substances must be physically removed from the Park and disposed of elsewhere in compliance with law. In addition to other remedies allowed by -law, Resident shall indemnify, defend and hold the Park harmless for any such environmentally hazardous activity including any compensatory damages, statutory damages, punitive damages, or attorney's fees sustained by the Park as a result of Resident acts or omission. Resident shall also be required to reimburse the Park for any actual attorney's fees, litigation expenses, and costs incurred in defending any action against the Park as a result of any environmentally hazardous activity in the Park. (3) Lids on the disposal bins are to be kept closed. At no time must bins be so loaded with landscaping and pruning matter or other materials as to render the disposal of garbage impossible by other Residents. (4) Materials must not be left outside of the bins. Bringing trash from outside the Park to dump in the Park's disposal bins is not permitted. (5) Trash will be picked up periodically by the local refuse hauler. 9. ENTRY UPON RESIDENT'S HOMESITE. Management shall have a right of entry upon the homesite for maintenance and inspection of utilities, for maintenance and inspection of the homesite to ensure compliance with the rules and regulations or where the Resident fails to maintain the homesite in accordance with the Rules and -Regulations, and for the protection of the Park at any reasonable time. Management will not do so in a manner or at a time which would interfere with the occupant's quiet enjoyment. Park Management may enter a mobilehome without the prior written consent of Resident in the case of an emergency or when Resident has abandoned the mobilehome. 10. PARKING. A. Only two (2) passenger cars may be parked on the driveway portion, if provided, of Tenant's homesite and not on any other location of the homesite. Parking is limited to the areas designated for the homesite only. The parking of more than one (1) passenger car requires special written permission of Park Management. Any vehicle parked in Resident's driveway may not extend beyond the front of the Resident's mobilehome. IMPORTANT NOTICE: All required "No Parking" Signs authorizing the towing of vehicles parked in violation of the rules and regulations are posted. In the event a vehicle in the park is parked in violation of these rules and regulations, management may tow the vehicle out of the Park at the vehicle owner's expense. Management is permitted to do so in accordance with the California Vehicle- Code without further/additional warning or notice to the vehicle owner. You are especially cautioned to carefully review all bold print provisions of -the parking regulations set forth below. B. Each homesite is assigned designated parking spaces for the parking of Resident's passenger vehicles. All vehicles defined as "other vehicles" (or passenger cars in excess of two (2) in number) must be parked outside of the Park. (1) The term "passenger cars" specifically includes those vehicles commonly referred to as sports cars, coupes, sedans, and station wagons and specifically excludes vehicles included within the definition of "other vehicles". (2) The term other vehicles includes pickup trucks over one (1) ton, campers, vans, buses, trucks and other commercial vehicles of every kind and description, boats, trailers (except the mobilehome occupied by Resident), dune buggies, motor scooters, minibikes mopeds and other two and three wheeled motorized or self-propelled transportation. Any truck which is more than one ton, inclusive of, without limitation, step vans, semi -tractors, tow trucks and stake -bed trucks, may not be operated on community streets, nor therefore permitted at the homesite. (3) If used by Resident on a daily basis, a pickup truck or van may, however, be substituted for one of the two (2) permitted passenger cars, and the truck may be equipped with a camper body or shell. The pickup truck or van may not, without Park Management's consent, be substituted for one of the two passenger cars if it is equipped with exterior racks, storage containers or compartments or other similar devices or contains tools or equipment which are mounted on the outside of the vehicle or MARINAPARK RULES AND REGULATIONS Page 9 are otherwise visible from the street or adjacent mobilehomes. (4) Notwithstanding anything contained herein to the contrary, one (1) motorcycle may be parked on Resident's homesite if used by Resident on a daily basis. The permission to park a motorcycle does not relieve Resident of the obligation to abide by all other rules and regulations relating to'motorcycles. C. Vehicles parked on Resident's homesite may only be parked on the driveway, and not on the landscaped or other areas of the homesite. Parking is not permitted on vacant homesites. D. Two guest passes per space will be issued to allow guest parking. The pass must be displayed and be visible by attaching it to the rear view mirror. Guests may only park in designated guest parking spaces or on the host Resident's homesite. Because of the limited parking facilities, traffic congestion and noise, Park Management reserves the right to restrict the number of guests bringing automobiles or other vehicles into the Park. E. Resident may not park in spaces designated for guests without Park Management's approval. F. Unless otherwise posted or permitted by these Rules. and Regulations, no parking is permitted on the streets of the Park, except that with prior written approval of Park Management, parking on the street may be permitted for up to 48 hours on the street only in front of Resident's mobilehome for the purpose of loading and unloading only. G. No automobile may be "stored" on the homesite. "Storage" shall include, but not be limited to, the parking of an inoperative vehicle for a period exceeding two (2) weeks, the parking of an operative vehicle that is not used for a period exceeding four (4) weeks or the parking of more than onevehicle 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. Skateboardriding, 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 clean in appearance. This includes, but is not limited to, vehicles whose exterior appearance has deteriorated to a point where they are unsightly and detract from the appearance of the Park, or vehicles which contain unsightly loads that are visible to other persons. 12. CONDUCT. A. Actions by any person of any nature which may be dangerous, injurious, a nuisance, waste, criminal activity such as trespassing, assault, battery, stalking, invasions of privacy, burglary, robbery, inflicting distress, breach of quiet enjoyment, disturbing, molesting, annoying, conduct which is obscene, conduct offensive to the senses or other tenants, profane, tortious, damaging, illegal (a violation of any law, ordinance, regulation or statute), indecent, or which may create a health and safety risk or unreasonable interference with the rights and privileges of others in the park is prohibited. This includes, but is not -limited to, any unusual, disturbing or excessive noise, intoxication, quarreling, threatening, fighting immoral or illegal conduct, profanity, or rude, boisterous, objectionable or abusive language or conduct. The use or display of any weapon, including but not limited to, a bow and arrow, BB guns, slingshots, martial arts weapons, guns, paint guns, knives, fireworks; flares, other deadly weapons are prohibited. Persons under the influence of alcohol or any other substance shall not be permitted in any area of the Park which is generally open to Residents and their Guests. B. Radios, televisions, record players, musical instruments and other devices must be used so as not to disturb others. "Ham" or "CB" radios or other radio transmitters may not be operated in the Park. C. Residents and their guests shall not encroach or trespass on any other resident's homesite or upon any area which is not open for general use byresidents and their guests. All Park property -which is not for the use of residents and their guests, including, but not limited to, gas, electric, water and sewer connections and other equipment connected with utility services and tools and equipment of Park Management, shall not be used, tampered with or interfered with in any way by Resident. D. Except for barbecues approved for use by Park Management or fireplaces and other appliances installed in Resident's mobilehome no res are permitted. E. Residents and their g- --- L/r sAe quiet and orderly and shall not be allowed to do anything which might be cause for complaint. Residents must acquaint all guests and all occupants of the mobilehome with the Park's Rules and Regulations. Residents are required to comply with California law, including state penal code provisions regarding health and safety of children and other minors over whom there is parental or custodial responsibility. F. The homesite shall be used only as a site to locate, maintain and occupy a mobilehome for private residential purposes. No business or commercial activity of any nature shall be conducted on the Homesite. This prohibition applies to any commercial or business activity, including, but not limited to, the following: (1) Any activity requiring the issuance of a business license or permit by any governmental agency. Any and all commercial or business activity is prohibited, including, but not limited to, the following: any activity requiring the issuance of a business license or permit by any governmental agency, any manufacturing or processing requiring the use of power tools, chemicals, spray paints, machining, adhesives, or which creates noise, emits light, odors, fumes, smoke or any particulate matter, requires pressurized vessels of any kind, utilizes any flammable, poisonous or hazardous substance, which increases or results in any additional traffic in the park, or increases or may increase or create dust, noise, or any odors or fumes, requires waste disposal other than ordinary household waste disposal and volume, creates emissions of any kind which are reasonably objectionable to others, or any acts, conduct, or activity which is inconsistent with park zoning and conditional use permits, or which may affect insurability of the park, available coverage, increase the cost of insurance, or expose the management to liability, claims, demands, costs, or suits from any third party including any governmental or other entity, agency, or organization. (2) The leasing, subleasing (except as further provided herein), sale or exchange of mobilehomes. G. The violation of any law or ordinance of the city, county, state or federal government will not be tolerated. No acts or demeanor shall be permitted which would place the Park Management in violation of any law or ordinance. Resident is also financially responsible for insuring at all times that the mobilehome, homesite, and improvements thereon comply with these Rules and Regulations and all MARINAPARK RULES AND REGULATIONS Page 11 local, state and federal laws and regulations (the only exception is any of the Park's utility systems on your space which are owned by us or a utility company so we or they are responsible for them). The preceding includes, without limitation, such things as insuring that all required setbacks are met and there are no encroachments as based on established use; that all building code and other similar requirements are met; and that all building and other permits have been. obtained. If any landscaping on the homesite, including as planted by a former resident, causes any damage whatsoever to the streets, curbs and gutters, driveways, utilities or any other property or improvements belonging to either the Park or any of its residents, you are financially responsible for immediately removing the landscaping and paying the full cost of repairing or replacing the damaged property or other improvement. 13. COMMON FACILITIES. A. Common areas are provided for the exclusive use of residents and their accompanying guests. The restroom and shower facility is accessible to tenants with issued key. B. No drinking of alcoholic beverages is allowed in any common area. C. Screaming, running, horseplay and loud noises are not allowed in the common areas. 14. LAUNDRY FACILITIES: Laundry hours are posted. The laundry room is accessible to tenants with issued key. These facilities will be closed from time to time at Park management's discretion for cleaning and repairs. Washers, dryers, and all other laundry facilities are to be cleaned by Resident, inside and out, -immediately after use. Clothes are to be removed from dryers as -soon as they are -dry. Dyeing may not be done in the washers. The laundry is to be left in a clean, neat and orderly condition. Pet laundry may not be done in the washers. Those rules and regulations should also be carefully read and understood. A. Residents are required to: (1) mop up spilled water, spilled soap, bleach or other ingredients; (2) report any malfunction of machines to Management as soon as possible; (3) not leave clothes in laundry room overnight; (4) clean washing machines after use, remove lint from filters of dryers; and (5) observe the rules adopted for the laundry room as they are incorporated herein and made part of these Rulds 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 #5106) For these reason, small children should not be permitted in the laundry room without the immediate supervision of an adult Tenant. 16. PETS. Tenants are subject to the following rules: Advance written consent to keep a house pet in the Park must be obtained from management. A house pet is defined as a pet that spends its primary existence within the mobilehome. Management reserves the right to deny a pet if a proposed pet would pose a threat to the health and safety of residents of the Park. No more than one (1) pet is allowed per mobilehome. A. The types of pet permitted are: dogs, cats, small birds, fish and other pets which can be kept in an aquarium kept in the mobilehome at all times. Only medium-sized cats and dogs (which at maturity do not exceed eighteen inches (18") in height, when measured at the shoulders when in a standing position) or 25 pounds in weight, are permitted. Aggressive breeds of dogs (including, but not limited to, pit bulls, rottweilers, doberman pinschers, whether full bred or in any part) are expressly prohibited. B. Non -house pets (including farm animals) are prohibited under any circumstances. Illegal, dangerous, poisonous, wild pets are not permitted. MARINAPARK RULES AND REGULATIONS Page 12 C. After moving into the Park, a pet may not be acquired without written permission from the management. Management must approve all pets before application to rent is accepted. D. If a- pet is lost or dies, written permission to acquire a new pet must be obtained from management. E. If any of the rules regarding pets is violated, and such violation is noted by management or a valid complaint is made by another Resident, the Resident owner of the pet will receive an official notice in writing stating that the right to keep a pet within the Park is terminated. F. The following rules must be strictly followed by all pet owners: 1. Each pet must be licensed and inoculated in accordance with local law. Evidence of licensing and inoculation as well as a picture of each pet shall be submitted to Park Management within seven (7) days of receipt of written request for such information. 2. Pets must be on a leash when not inside the mobilehome. 3. Any pet running loose in the Park will be taken to Animal Control. Recurring violations of this rule will lead to the loss of the privilege to maintain a pet. 4. Pets will not be allowed to cause any disturbance which might annoy neighbors, including, but not limited to, barking, growling, biting or any other unusual noises or damage. Under no condition is a pet to invade the privacy of anyone's homesite, flower beds, shrubs, etc. 5. Pets are not permitted to be walked in the Park and should be taken off the premises when exercising. If Resident's pet is allowed to exercise in Resident's yard or elsewhere, all excrement must be picked -up, wrapped in paper and -placed in the trash immediately. 6. No exterior pet housing is permitted in the Park. This includes, but is not limited to, any type of confining barricade or structure such as a cage, kennel, restraint or other device or housing. 7. Guests are not permitted to bring any pet into the Park. 8. Feeding of stray cats and other animals is prohibited. Keeping any food outside the mobilehome may attract strays and rodents and is therefore considered a nuisance and prohibited. 9. The tying up of pets outside the mobilehome and leaving them unattended is prohibited. 10. If any pet causes any disturbance, annoyance or harm, injury or damage, or attempted or threatened injury, distress, endangerment or damage, or annoyance or disturbance, including without limitation, attacking, barking, growling, howling, lunging, threatening, biting, or any disturbing, annoying, or unusual noises, permission to keep that pet will be revoked and the Resident may be required to remove and relocate the pet from the homesite and from the community within a period of seven (7) days as provided to Resident in a written notice to be served on Resident in such event. Failure to comply with management's demand for removal/relocation of the revoked pet is a rule and regulation violation and shall constitute grounds for service of a seven (7) day notice to comply with such demand. 17. ZONING AND CONDITIONAL USE PERMIT INFORMATION. A. The nature of the zoning under which the Park operates is as follows: . B. The date of expiration or renewal of any conditional use or other permits required to operate the Park which are subject to expiration or renewal is as follows: The Park is not operating pursuant to a conditional use permit which has an expiration date. 18. FIXTURES. All landscaping and structures or other improvements permanently attached to or embedded in the ground shall become a part of the realty upon their installation and belong to City. Upon Resident vacating the homesite, such improvements shall remain upon and be surrendered with the homesite. Park Management may, however, at its sole option, permit or require Resident to remove, at Resident's own expense, said improvements. Resident shall repair any damage to the homesite caused by the removal, including, but not limited to, the filling in and leveling of holes or depressions and shall leave the homesite in a neat and uncluttered condition with the Park's original engineered grade intact. MARINAPARK RULES AND REGULATIONS Page 13 19. SOLICITATION. Throw -away newspapers, distribution of handbills and door-to-door selling or solicitation are not permitted without Park Management's consent. All salespeople must make individual appointments with the Resident concerned or interested. 20. PARK OFFICE AND COMPLAINTS. Except in an emergency, please do not telephone or contact Park Management after normal business hours. The Park's office phone is for business and emergency use only. A. Except for emergencies, all complaints must be in writing and signed by the person making the complaint. B. All community business is conducted during off ice hours, which are posted. C. Resident shall not request maintenance personnel to perform jobs for Resident, nor shall Resident give instructions to maintenance personnel. All repair or maintenance requests shall be submitted in writing to Park Management. 21. REVISIONS OF RULES. City reserves the right to add to, delete, amend, and revise these Rules and Regulations from time to time, as well as additional rules and regulations and hours posted in and about the recreational facilities, as provided in Section 798.25 of the California Civil Code. 22. PARAGRAPH. READINGS. - The headings and titles of the paragraphs within these Rules and Regulations are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions of said Rules and Regulations. 23. RECOGNITION. Resident acknowledges that the Park is not a "security" community. Resident agrees that City, his employees, and agents have not made an, representations or warrantees to Resident that the Park is secure from theft or -other criminal acts which may be perpetrated by any resident of the Park or other persons. Resident agrees that there are variables inherent in a mobilehome investment include risks of obsolescence, changes in demand, location mobilehome maintenance, wear and tear, age, technological advances, interest rates and terms, economic climate and development, neighborhood change, and many other factors beyond City's control. The value of Resident's -mobilehome may decline in the future, like any vehicle. City and Park do not warrant or represent that Resident's mobilehome will appreciate in value. Resident understands the existence of such investment risk and agrees to accept all risks of economic loss or loss in value to the mobilehome. City and Park do not agree to provide a community which provides other than moderate cost housing opportunities. Resident also recognizes and agrees that the Park has no age restrictions so that there will be large numbers of young children and teenagers living in the Park and engaging in normal activities of children of this age. Therefore, the environment of the Park will be consistent with that of, habitable single-family residential housing development with a similar population makeup. Consequently, City is not obligated to attempt to enforce conditions of tenancy to provide a living environment which is free of noise or the other normal disturbances and activities which would be expected under similar circumstances. Additionally, with regard to the enforcement of the Rules and Regulations and other conditions of tenancy, Resident agrees that it is Resident's responsibility to first attempt to reach a reasonable resolution of any problems or complaints Resident may have with other residents and Homeowners or members of their household before City and Park are asked to take any action. 24. RENTING, SUBLETTING OR ASSIGNMENT. Resident shall not sublease, rent or assign Resident's mobilehome, the homesite or any rights or interest that Resident may have under Resident's rental agreement. A homeowner shall be permitted to rent or sublet if a medical emergency or medical treatment requires the homeowner to be absent from his or her home and this is confirmed in writing by an attending physician or in accordance with the subleasing policy if the management, attached as Exhibit "A." MARINAPARK RULES AND REGULATIONS Page 14 25. LOT USE. Actual and apparent use defines the perimeter of the area'of land which Resident expects to use and enjoy. 26. INSPECTION. Resident agrees he/she/they have carefully inspected the homesite you are renting and all of the Park's services, improvements and facilities and have found them to be safe and as represented, either orally or in writing, and accept them as they are. To the extent that Resident has found such services, improvements or facilities not to be safe or not to be as so represented Resident nonetheless agree to accept them as they are and further has found the Park reasonably safe and well - maintained. 27. INDEMNIFICATION. A. City, management and all employees, agents, and representatives thereof will not be liable for any damage, injury, loss, expense, or inconvenience to any person or property caused by any use of the Park or your Space, or by any defects in tiny improvements, or failure of services or amenities, or arising from any other cause, unless resulting from our active negligence or willful misconducts. You agree to release, discharge, indemnify and hold us free and harmless including providing a defense at resident cost from all such injury, damage, loss, expense, or inconvenience for which we are not liable, including the provision of a defense and payment of attorney's fees and expense and costs which relate thereto. This paragraph is not an exculpatory clause of any legally imposed duty of -care upon us, or a disclaimer or release of liability to other than the fullest and most complete extent permitted by law, and shall not be otherwise construed or interpreted. B. You agree to indemnity 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: /-)Ov' 4/;e9-2200 Fire Department: 911; Park Manager: 949 723 0206. 30. OPTIONAL MEDIATION OF DISPUTES AND REFERENCE. 31. PROHIBITION AGAINST WASTE, NUISANCE AND UNREASONABLE ANNOYANCE. You may not do anything that will constitute waste, nuisance, unreasonable annoyance, damage, or injury to anyone or their property. You may not permit any act or maintain or permit to be maintained any condition on your Space or Mobilehome which may cause an increase in the rate of insurance we pay or increase our costs of maintenance and repair or in any way increase the risk of damage to the Space, the Park, any person or property. 32. ZERO TOLERANCE POLICY RE CONTROLLED SUBSTANCES. MARINAPARK RULES AND REGULATIONS Page 15 A. Resident, any member of the Resident's household, or a guest or other person under the Resident's control shall not engage in criminal activity, including drug -related criminal activity, on or near property premises. "Drug -related criminal activity" means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802). Resident, any member of the Resident's household, or a guest or other person under the Resident's control shall not engage in any act intended to facilitate criminal activity, including drug -related criminal activity, on or near property premises. Resident or members of the household will not permit the dwelling unit to be used for or to facilitate, criminal activity, including drug -related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest. Resident or members of the household will not engage in the manufacture, sale, or distribution of illegal drugs at any location, whether on or near property premises. Resident, any member of the Resident'S household, or a guest or other person under the Resident'S control shall not engage in acts of violence or threats of violence, including, but not limited to, the unlawful discharge of firearms, on or near property premises., B. ANY VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this addendum shall be deemed a serious violation and a material noncompliance with the lease. It is understood and agreed that a single violation shall be good cause for termination of the rental agreement and rules and regulations. Failure to comply with this provision is considered a material, non -curable breach of the lease and will result in a Notice to Quit being served upon Resident requiring that Resident, every -member of Resident's household, or a guest or other person(s) under Resident's control shall vacate said premises on proper notice, all in accordance with California law. California law provides for an extraordinary remedy to remedy to regain possession when illegal activity is being carried out on or near the premises which constitutes a public or private nuisance. 33. REMEDIES. Injunctive relief may be sought without proof of irreparable harm or lack of an adequate legal remedy in the event of a violation of these rules and regulations. A violation of these rules and regulations raises a conclusive presumption of irreparable harm and lack of adequate legal remedy and proof thereof is agreed to be unnecessary. 34. REMOVAL OF MOBILEHOME ON SALE. Management reserves the right, pursuant to Civil Code §798.73, to require removal on sale of the mobilehome. 35. NO WAIVER FOR DELAY IN ENFORCEMENT, ACCEPTANCE OF RENT. A. If resident fails to meet any obligation or duty under this Agreement, a delay or omission in exercising any right or remedy management may have because of the default will not impair any rights or remedies, nor will it be considered a waiver of any right or remedy. No waiver by management of the right to enforce any provision of this Agreement after any default on resident's part will be effective unless it is made in writing and signed by management, nor will it be considered a waiver of any rights to enforce each and every provision of this Agreement upon any further or other default by resident. The manager has no authority to waive any rule or regulation, make any exception to a rule or regulation, or agree to any modification, deletion, or alteration in any residency document without written prior authority of the City. B. Acceptance of rent shall not reinstate or create a tenancy. Conditional acceptance of rent pending approval of tenancy shall not be deemed to create a tenancy or waive any requirements applicable to tenancy, purchaser application or approval requirements or assignment or transfer requirements. Acceptance of rent shall constitute no waiver of rule violations or any rule, substantial annoyance, or other grounds for the termination of tenancy specified under the Mobilehome Residency Law, or other rights. Acceptance of rent after service of a notice to terminate tenancy as specified in Civil Code section 798.57 shall not waive, affect or prejudice the notice. Nor shall routine service of other notices, management communications, or other actions or omissions of the management waive, prejudice, or affect the right to terminate tenancy, process a purchaser application and approve a MARINAPARK RULES AND REGULATIONS Page 16 'tenant for tenancy, or otherwise affect the rights of management. Possession of rent by the resident manager shall not be acceptance until actually approved by the City; accordingly, the receipt by or the tender of payment to the resident park manager shall be conditional and for custody purposes only until approved and accepted by the City. C. Park may exercise any right under the terms of the rental agreement or lease, or these rules and regulations as amended or modified or any other right of the management under applicable law, and do so at any time subsequent to the date such right became effective hereunder, and do so retroactively to the date the right initially became effective or enforceable and demand performance from such inception through to and including the date of the demand -and thereafter; any such delay, forbearance, whether intentional or inadvertent in enforcing any such right shall not be construed as a waiver, release or acquittal, accord and satisfaction, settlement in whole or part; shall not constitute an estoppel, or !aches; 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:_/ / Signature Printed name Date:_/ / Signature Printed name Date:_/ / . Signature Printed name MANAGEMENT Date: _,/ / Signature Printed name MARINAPARK RULES AND REGULATIONS Page 17