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HomeMy WebLinkAboutCity Council - 2006-5 RESOLUTION NO. 2 0 0 ti_5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE EXECUTION OF LEASE AGREEMENTS,RENTAL AGREEMENTS, DEEDS AND OTHER DOCUMENTS RELATING TO THE MANAGEMENT OF OCEAN VIEW ESTATES MOBILEHOME PARK AND AUTHORITY OVER THE OCEAN VIEW ESTATES ENTERPRISE FUND WHEREAS, Ocean View Estates Mobilehome Park("OVE"), located at 7051 Ellis Avenue, is a City-owned mobilehome park comprising approximately 9.3 acres with forty-four mobilehome spaces that are rented to citizens with various lease or rental agreements. The mobilehome park was established in 1986 as a temporary use to accommodate relocatees from three other mobilehome parks in Huntington Beach: Huntington Shores,Pacific Trailer Park and Driftwood Mobilehome Park OVE is scheduled to close on March 31, 2019; and The Ocean View Estates Enterprise Fund(the"Fund")established on May 7, 2001 appointed the Real Estate Manager,the Risk Manager, and the Director of Finance with authority over the Fund. With the transfer of the Real Estate Services Division from the Administrative Services Department to the Economic Development Department, the authority over the Fund needs to be reassigned to the Finance Officer, the Director of Economic Development, and the Real Estate Services Manager, with the Real Estate Manager or his/her designee having the primary authority over park management functions; and Real Estate Services Division is responsible for the management of OVE including contractual services for landscaping, common area maintenance, approving new tenants in the park, and implementing the various lease agreements with the tenants in the park; and The City Council recognizes that there are different rental agreements between the City and the remaining original tenants,the Driftwood relocatees,the current market rate tenants, and any future tenants that are not party to the Amended and Restated Mobilehome Acquisition and Relocation Agreement(AMARA) approved by the City Council and Redevelopment Agency on September 14, 1998. The City Council desires that,with the exception of the OVE long-term leases pertaining to the Driftwood relocatees, all remaining rental agreements have the same provisions, continuing with the same level of current base rent per tenant; and The City Council recognizes that one of the remaining original OVE residents from Huntington Shores has petitioned the City to amend her agreement to allow her the right to sell her mobilehome to a buyer that would be subject to park management approval at current market rental rates; and The City Council recognizes the need to have all rental agreements approved as to form by the City Attorney to assure that all legal aspects of the agreements are in compliance with the Municipal Code of the City of Huntington Beach, the Mobilehome Residency Law, Civil Codes and the Mobilehome Park Act, 1 PDA:06reso:OVE authority RLS 2005-138 NOW, THEREFORE,the City Council of the City of Huntington Beach hereby resolves as follows: 1. The Finance Officer, or the Director of Economic Development, or the Real Estate Services Manager are hereby authorized to execute on behalf of the City, any OVE tenant lease or rental agreement approved as to form by the City Attorney, and to acknowledge escrow instructions and other related property management documents, including contracts for property maintenance services, pertaining to the management of OVE. 2. The Finance Officer,the Director of Economic Development and the Real Estate Services Manager have authority over the Ocean View Enterprise Fund. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the _day of , , 200___6_. Mayor REVIEWED AND APPROVED: ROVED AS TO FORM: C1a6"-Pq --� M ttity Adininistrator Yity"Attome#� INITIATED AND APPROVED: r_ D ector of Economic Dev nt 2 PDA:06reso:OVE authority RLS 2005-138 Res. No. 2006-5 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 6th day of February, 2006 by the following vote: AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook NOES: None ABSENT: None ABSTAIN: None City Verk and ex-officio COrk of the City Council of the City of Huntington Beach, California